[gtld-council] Update on new TLDs discussion: small group work on "morality and public order"

[Liz Williams <liz.williams@xxxxxxxxx>]

Colleagues

In light of yesterday's discussion about the inclusion of the phrases  
"morality and public order" in the text, I have excerpted below a  
footnote from Wolfgang Sakhalin's paper (submitted by the NCUC as  
expert advice) which is available at  http://www.ipjustice.org/ICANN/ 
Sakulin_Legal_Briefing.pdf.
You'll see in Section 2 Paragraph 2 that the wording about public  
order and morals is included (as a limiting test on how to apply the  
Convention).
American Convention on Human Rights, 1144 U.N.T.S. 123, Article 13  
states:
“Freedom of Thought and Expression
1.Everyone has the right to freedom of thought and expression. This  
right includes freedom to seek, receive, and impart information and  
ideas of all
kinds, regardless of frontiers, either orally, in writing, in print,  
in the form of art, or through any other medium of one's choice.
2.The exercise of the right provided for in the foregoing paragraph  
shall not be subject to prior censorship but shall be subject to  
subsequent
imposition of liability, which shall be expressly established by law  
to the extent necessary to ensure:
1.respect for the rights or reputations of others; or
2.the protection of national security, public order, or public health  
or morals.
3.The right of expression may not be restricted by indirect methods  
or means, such as the abuse of government or private controls over  
newsprint,
radio broadcasting frequencies, or equipment used in the  
dissemination of information, or by any other means tending to impede  
the
communication and circulation of ideas and opinions.
4.Notwithstanding the provisions of paragraph 2 above, public  
entertainments may be subject by law to prior censorship for the sole  
purpose of
regulating access to them for the moral protection of childhood and  
adolescence.
5.Any propaganda for war and any advocacy of national, racial, or  
religious hatred that constitute incitements to lawless violence or  
to any other
similar action against any person or group of persons on any grounds  
including those of race, color, religion, language, or national  
origin shall be
considered as offenses punishable by law.”

If the small group that is discussing this particular issue could  
refer to this as an example and to other examples in different  
jurisdictions it would be very helpful.
Kind regards.

Liz


.....................................................

Liz Williams
Senior Policy Counselor
ICANN - Brussels
+32 2 234 7874 tel
+32 2 234 7848 fax
+32 497 07 4243 mob