COUNCIL
OF EUROPECONSEIL
DE L’EUROPE
H/Inf (2008) 8

Human rights guidelines
for online games providers
Developed by the Council of Europe
in co-operation with
the Interactive Software Federation of Europe

H/Inf (2008) 8

Human rights guidelines
for online games providers
Developed by the Council of Europe in co-operation with theInteractive Software Federation of Europe

Directorate Generalof Human Rights and Legal Affairs
Council of Europe
2008Directorate General of Human Rights and Legal Affairs
Council of Europe
F-67075 Strasbourg Cedex© Council of Europe 2008
1st printing, July 2008
Printed at the Council of Europe

Developed by the Council of Europe in close co-operation with the Interactive Software Federation of Europe (ISFE), these guidelines provide human rights benchmarks for online games
providers and developers. While underlining the primary value of games as tools for expression
and communication, they stress the importance of gamers safety and their right to privacy andfreedom of expression and, in this connection, the importance for the games industry to beaware of the human rights impact that games can have.
For more information on the activities of the Council of Europe and ISFE: www.coe.int •www.isfe-eu.org

Contents
Understanding the role and position of online games providers in respecting andpromoting human rights, page 4
Scope of the guidelines . . . . . . . . . 4

Human rights guidelines for online games providers, page 6
Extracts from existing Council of Europe standards relevant to the roles andresponsibilities of games providers, page 8
Recommendation No. R (92) 19 onvideo games with a racist content 8
Recommendation No. R (97) 19 on
the portrayal of violence in theelectronic media. . . . . . . . . . . . . . . 8

Declaration of the Committee of
Ministers on protecting the dignity,
security and privacy of children on
the Internet . . . . . . . . . . . . . . . . . . 11

Recommendation No. CM/Rec(2008) 6 on measures to promote therespect for freedom of expression
and information with regard toInternet filters . . . . . . . . . . . . . . . .12

Understanding the role and position of online games
providers in respecting and promoting human rights
Providers (designers and publishers)of online games design and makeavailable products which can promote the exercise and enjoyment of
human rights and fundamental
freedoms, in particular the freedom
to express, to create and to exchange
content and communications while
respecting the rights of others.
Designed and provided in an appropriate manner, games can be powerful tools to enhance learning, creativity and social interaction, thereby
helping users to benefit from theinformation society.
However, like other content, online
games may also inadvertently impact
on the rights and sensibilities of individuals, in particular children, as wellas their dignity. The potential impact
of such games may increase as they
allow the gaming experience tobecome more creative and interactive (as the possibilities for expression, interaction and exchange ofcontent with other gamers increase)and ever more realistic (as the visual
effects of games develop).
Online games can play an important
positive role in the lives and development of individuals, especially forchildren and young people. It suffices
to consider the importance of rights
and freedoms, values and dignity,
into the embedded design and marketing of games. In this regard, it isrecalled that the exercise of freedomof expression carries with it duties
and responsibilities, in particular as
regards the protection of health andmorals and the rights of others,
which publishers of online games areencouraged to bear in mind when
deciding on the content of theirgames.
Games designers and publishers are
therefore encouraged to promoteand facilitate gamers’ well-being andshould regularly assess and evaluate
their information policies and practices, in particular regarding childsafety and responsible use, while
respecting fundamental rights, inparticular the right to freedom of
expression and the right to privacy
and secrecy of correspondence. At
the same time it should be noted thatmember states, civil society, otherprivate sector actors, parents andgamers themselves have importantroles to play in engaging in multistakeholder co-operation, promoting gaming literacy for children andassisting game providers in fulfilling
their role.
In this regard, designers and publishers of online games are encouraged
to take note of, discuss and maketheir best efforts to comply with thefollowing guidelines (below) and to
consider making reference to themwithin their games and in their enduser agreements.
The appended guidelines are without
prejudice to and must be read in conjunction with the obligations applicable to online games providers andtheir activities under national, European and international law.

Scope of the guidelines
The main focus of the following
guidelines is online games althoughsome of the guidelines can also be
applied to games which are only
playable offline. These online games
include (i) classic board and card
games mostly offered by web portals; (ii) personal computer (PC) or
console games with network options;(iii) multiplayer games i.e. Massively
Multiplayer Online Games where
players play individually or in teams

4

in a virtual evolving world, and (iv)entertainment games that provide aplatform for other types of learning,training and interactive applications.
It should be noted that these guidelines are applicable to all online
games irrespective of the platform
used for delivery of the gaming content (fixed or mobile gaming console,
PC or mobile phone).
These guidelines are mainly directed
towards developers and publishers of

online games. Some guidelines, suchas those concerning the developmentof parental control tools, may also be
applied by producers of gaming consoles and platforms in their activities.
Although online virtual universes,
such as Second Life, are confronted
with some of the same issues connected with online social interaction
as games, they are, for the purposesof these guidelines, not seen as
online games. In comparison with

Human rights guidelines for online games providers

Scope of the guidelines
online games, such universes only toa lesser degree constitute a programmed experience under the control of a game publisher. Virtual universes also lack a specified gaming

scenario and set of goals to achieve
for the gamer, characteristics which
are normally found in online video
games.

Finally, the guidelines are notintended to apply to online gamblingsites, such as online casino or online
bookmaking websites.

Human rights guidelines for online games providers

5

Human rights guidelines for online games providers
Before publishing your game, takecare to consider and evaluate how
the game content may impact onhuman dignity, the sensibilities andvalues of gamers, in particular children. In this regard specific attention should be paid to the risks connected with the dissemination of thefollowing gaming content:

ism, references to drugs, strong language, horror, or gambling;• gratuitous portrayal of violence(physical, mental or sexual violence),
especially in games targeting minors
whose physical, mental or moral
development may be impaired byexposure to such portrayal;

When publishing games targeted forchildren and young people, provide
appropriate information to gamers,parent and carers of the risks connected with online gaming. Suchinformation, which should be available in the local language of the country where the game is marketed andcould usefully be provided in an educational guide written for parents, inthe game manual and/or the gameitself, may in particular concern:• other content which, on accountof its inhuman, cruel, sexist or
degrading nature, may impact on thephysical, mental or moral development of minors;• content which may be seen as
advocating criminal or harmful
behaviour (theft, violence, sale andabuse of drugs etc.);• content which conveys messagesof aggressive nationalism, ethnocentrism, xenophobia, racism or intolerance in general including when suchmessages are concealed;
Consider promoting and applying
independent, including combined,labelling and rating systems to yourgame, especially the Pan-European
Game Information (PEGI) systemand the PEGI Online Safety Code(POSC), to help inform gamers, parents and carers about games containing content which may affect their
sensibilities and values, in particularby:• using easily recognisable labels forsensitive content (for example using
symbols or pictograms), in particular with regard to violence, sex, rac-

6

• ensuring that such labels areclearly indicated and visible on the
packaging of games and the gamewebsite, as well as in the references
to them such as in catalogues, advertisements and in the materials provided with the game itself.

assment or stalking), and information and guidance about how to
identify and deal with such risks;• the risks to privacy of exchanging
personal data (name, address, credit
card details, images or videos) whenplaying the game online.

• the risk of excessive use of online
games and the potential negative
physical and psychological effects ofsuch excessive use (e.g. isolation, lossof the sense of reality, disturbed sleep
patterns, etc.);

Consider developing in-game parental control tools to assist parent andcarers in protecting minors. Suchparental control tools could include
facilities for setting time-limits andslots for gaming thereby limiting therisks of excessive use and addiction.
If the parental tool include theoption of filtering or blocking certain
content, make sure that the filtering
process is transparent both to theparent and gamer and can be
adjusted to the level of protection
required for the individual gamer, in
accordance with the guidelines in
Council of Europe Recommendation
CM/Rec (2008) 6 on measures topromote the respect for freedom of
expression and information withregard to Internet filters.

• the fact that the game is a work offiction which can be a simulation ofreality but is not comparable to thereal world, and therefore that actions
and behaviours in the game should
not necessarily be re-enacted in thereal lives of gamers;

Consider developing in-game mechanisms allowing gamers encountering illegal or harmful content or
behaviour easy access to a facility toreport the problems encountered,notify a game moderator and seek
assistance.

• the risk of encountering illegal or
harmful content uploaded by othergamers when playing the game
online, and information and guidance for parents and carers on where
to report the existence of such content within the game;

Before removing gamer-generated
content from a game, you shouldtake care to verify the illegality or
harmfulness of the content, forinstance by contacting the competent authority law-enforcement
authorities. Acting without firstchecking and verifying may be considered as an interference with legal
content and with the rights and free-• the risk of harm associated withinteraction with other gamers (forexample with regard to bullying, har-

Human rights guidelines for online games providers

Human rights guidelines for online games providers
doms of those gamers creating andcommunicating such content, in particular the right to freedom of
expression and information.

challenge their dignity, security andprivacy or otherwise render themvulnerable now or at a later stage intheir lives.

Consider developing mechanisms forthe automatic removal of gamergenerated content after a certain
time of inactivity, in particular forgames targeting children and young
people. Creating a lasting or permanently accessible online record of thecontent created by gamers could

Provide gamers with clear information about the presence of advertisements or product placements within
the game along the lines of the principles contained in Article 10 of the
PEGI Online Safety Code. When thegame is targeted for minors, ensurethat the content of advertisements

and product placements is appropriate having regard to the age of thetarget group. As far as in-gameadvertising is concerned, make surethat there is no confusion between
games for children and games for
adults by respecting the labelling of
the game, in particular by not including advertising for or clips fromgames treating mature subjects inchildren’s games.

Human rights guidelines for online games providers

7Extracts from existing Council of Europe standards
relevant to the roles and responsibilities of games
providers
Recommendation No. R (92) 19 on video games with a racist content
The Committee of Ministers, under
the terms of Article 15.b of the Statute of the Council of Europe,
Considering that the aim of theCouncil of Europe is to achieve agreater unity between its members,
particularly for the purpose of safeguarding and realising the ideals andprinciples which are their common
heritage;
Being aware that video games with a
racist content, whose existence inmember countries is unfortunately
beyond doubt, convey a message ofaggressive nationalism, ethnocentrism, xenophobia, anti-Semitism or
intolerance in general, concealed
behind or combined with violence ormockery;
Considering therefore that suchgames cannot be tolerated in democratic societies, which respect interalia the right to be different, whether

that difference be racial, religious orother;
Convinced that it is all the more necessary to take measures designed to
put an end to the production anddistribution of these games as they
are used mainly by young people;
Recalling the terms of its Resolution(68) 30 relating to measures to betaken against incitement to racial,national and religious hatred and its
Resolution (72) 22 on the suppression of and guaranteeing against
unjustifiable discrimination;
Bearing in mind the Declaration
regarding intolerance – a threat todemocracy which it adopted on
14 May 1981;
Having regard to Recommendation
No. R (89) 7 concerning principles
on the distribution of videograms
having a violent, brutal or pornographic content, and the European

Convention on Transfrontier Television (European Treaty Series, No.
132),
Recommends that the governmentsof member states:
a. review the scope of their legislation in the fields of racial discrimination and hatred, violence and theprotection of young people, in orderto ensure that it applies without
restriction to the production and distribution of video games with a racist
content;
b. treat video games as mass media
for the purposes of the application,inter alia, of Recommendation No. R(89) 7 concerning principles relating
to the distribution of videograms
having a violent, brutal or pornographic content, and of the European
Convention on Transfrontier Television (European Treaty Series, No.
132).

Recommendation No. R (97) 19 on the portrayal of violence in theelectronic media
The Committee of Ministers, under
the terms of Article 15.b of the Statute of the Council of Europe,
Considering that the aim of theCouncil of Europe is to achieve agreater unity between its members
for the purpose of safeguarding andrealising the ideals and principles
which are their common heritage;

8

Recalling its commitment to the fundamental right to freedom of expression as guaranteed by Article 10 of
the Convention for the Protection of
Human Rights and Fundamental
Freedoms, and to the principles ofthe free flow of information andideas and the independence of media
operators as expressed, in particular,
in its Declaration on the freedom of

expression and information of 29
April 1982;
Bearing in mind the international
dimension of the gratuitous portrayal of violence and the relevant
provisions of the European Convention on Transfrontier Television(1989);
Recalling that at the 4th European
Ministerial Conference on Mass

Human rights guidelines for online games providers

The portrayal of violence in the electronic media
Media Policy (Prague, 7-8 December
1994), the Ministers responsible formedia policy addressed to the Committee of Ministers of the Council ofEurope an Action plan containing
strategies for the promotion of themedia in a democratic society, inwhich they requested the Committeeof Ministers to “prepare, in close
consultation with media professionals and regulatory authorities, possible guidelines on the portrayal of violence in the media”;
Recalling that the exercise of freedom of expression carries with it
duties and responsibilities, whichmedia professionals must bear inmind, and that it may legitimately be
restricted in order to maintain a balance between the exercise of thisright and the respect for other fundamental rights, freedoms and interests
protected by the European Convention on Human Rights;
Concerned at the overall increase in
the portrayal of violence in the electronic media, which makes it animportant social issue;
Recalling that violence cannot be
considered a proper means for conflict-resolution of any kind, includinginter-personal conflicts;
Noting, nevertheless, that violence ispart of the daily reality of society andthat the right of the public to be
informed also covers the right to be
informed about various manifestations of violence;
Noting that there are many ways inwhich violence may be portrayed by
the media, corresponding to different contexts, ranging from information to entertainment and that, especially in the latter case, violence issometimes trivialised or even glorified so as to attract large audiences;
Noting also that, regardless of theaim invoked, violence is sometimes
portrayed in the electronic media ina gratuitous manner, in no way justified by the context, reaching unacceptable inhuman and degrading levels as well as an excessive overall
volume;Aware that this may impair the physical, mental or moral development of
the public, particularly young people,
by creating, for instance, growing

insensitivity to suffering, feelings ofinsecurity and mistrust;
Noting that not all persons in chargeof the various electronic media perceive the increased portrayal of violence as a problem;
Considering that the economic reasons advanced by certain persons incharge of electronic media cannot
justify the gratuitous portrayal ofviolence;
Convinced that the various sectors ofsociety should assume their responsibilities in regard to the portrayal ofviolence in the electronic media;
Convinced also that all electronic
media professionals must assume
their responsibilities and that they
are best placed to address the question of gratuitous portrayal of violence; and welcoming efforts alreadymade by certain professionals andsectors,
Recommends that the governmentsof the member States:
a. draw the attention of the professionals in the electronic media sector, the regulatory bodies for this
sector, the educational authorities
and the general public, to the overall
policy framework represented by the
appended guidelines;
b. take concrete measures to implement these;c. ensure, by all appropriate means,that these guidelines are known by
the persons and bodies concerned,
and encourage general debate on thissubject;
d. keep the effective application ofthem in their internal legal orders
under review.
Instructs the Secretary General of
the Council of Europe to transmit
this recommendation to the governments of those States party to theEuropean
CulturalConvention
which are not members of the Council of Europe.

Scope
This recommendation concerns thegratuitous portrayal of violence inthe various electronic media atnational and transfrontier level. The
gratuitous nature is to be assessedwith reference to the parameters
contained in the appendix to thisrecommendation.

Definitions
For the purposes of this recommendation:a. the term “gratuitous portrayal ofviolence” denotes the disseminationof messages, words and images, theviolent content or presentation ofwhich is given a prominence which is
not justified in the context;b. the term “electronic media”
denotes radio and television programme services, services such asvideo-on-demand, Internet, interactive television, and so on, andproducts such as video games, CDROMs, and so on, with the exception of private communications
which are not accessible to the public;c. the term “those responsible forthe content” denotes natural or legal
persons responsible for the content
of messages, words and images madeavailable to the public by the various
electronic media.

Guidelines
Guideline No. 1 – General framework
Article 10 of the European Convention on Human Rights, as interpreted
in the case-law of the European
Court of Human Rights, must constitute the general legal framework foraddressing questions concerning theportrayal of violence in the electronic media.
Freedom of expression also includes,
in principle, the right to impart andreceive information and ideas whichconstitute portrayal of violence.
However, certain forms of gratuitous
portrayal of violence may lawfully be
restricted, taking into account theduties and responsibilities which theexercise of freedom of expression
carries with it, provided that suchinterferences with freedom of
expression are prescribed by law andare necessary in a democratic society.
More specifically, measures taken tocounter gratuitous portrayal of vio-

Human rights guidelines for online games providers

9Extracts from existing Council of Europe standards
lence in the electronic media may
legitimately aim at upholding respectfor human dignity and at the protection of vulnerable groups, such as
children and adolescents, whose
physical, mental or moral development may be impaired by exposure
to such portrayal.

Guideline No. 2 – Responsibilities
and means of action of non-state
actorsThose responsible for the content
Member states should recognise andtake into account that it is first andforemost for those responsible forthe content to assume the duties andresponsibilities which the exercise of
their freedom of expression entails,
since they have primary responsibility for the content of the messages,
words and images they disseminate.
In particular, operators of electronic
media have certain responsibilities
when they decide to disseminate
messages, words and images portraying violence, in view of the potentially harmful effects on the public,
especially young people, as well as onsociety as a whole. These responsibilities have been assumed by media
professionals in various ways,
depending on the kind of electronic
media, including, for example:
i. ensuring, through appropriate
means, that the public is made sufficiently aware in advance of messages,
words and images of a violent content which they will make available;
ii. the establishment of sectoral
codes of conduct which specify theconcrete responsibilities of the professional sector concerned;
iii. the establishment of internal
guidelines, including standards forevaluating content, in the various
electronic media enterprises;
iv. the establishment, at both sectoral level and within individual media
enterprises, of appropriate consultation and control mechanisms formonitoring the implementation ofself-regulatory standards;
v. taking self-regulatory standards
into account in contracts with othersectors, such as audiovisual produc-10

vi. regular contacts and exchange of
information with national regulatory
authorities, as well as with self-regulatory authorities, in other countries.

respect for human dignity. However,as concerns the gratuitous portrayalof violence in the electronic media,
member states only bear subsidiary
responsibility, since the primary
responsibility lies with those responsible for the content.

The various sectors of society

National media policy

Member states should recognise andtake into account the fact that various sectors of society have responsibilities in their own fields of activity.
They may assume their responsibilities in various ways, for example byapproaching those responsible forthe content, in particular by awareness-raising campaigns; by promoting and providing media education;by promoting or undertaking
research on the portrayal of violence, and so on.

Member states should adopt a global
approach which is not limited tothose responsible for the content but
addresses the professional and social
sectors concerned as a whole. Thisapproach should, where appropriate,
aim to:ers, manufacturers of video games,
advertising agencies, and so on;

As regards access to and the use ofelectronic media by children andadolescents at home and at school, as
well as with respect to their understanding of violent messages, words
and images transmitted by these
media, parents and teachers have a
special responsibility. They may
assume this responsibility in various
ways, including by:i. developing and maintaining a
critical attitude towards the gratuitous portrayal of violence;ii. using the electronic media in a
conscious and selective manner, as
well as by demanding quality products and services;
iii. stimulating children and adolescents to develop a critical attitude,
for example through media education within the family and in schools;
iv. examining ways of restricting
access of children and adolescents tothe violence portrayed in the electronic media where this is likely to
impair the latter’s physical, mental or
moral development.

Guideline No. 3 – Responsibilities
and means of action of member
statesMember states bear general responsibility for, inter alia, the well-beingof their population, for protecting
human rights and for upholding

i. promote the establishment of
independent regulatory authorities
for the various electronic media.
These
authorities
shouldbeendowed with appropriate competence and means for regulating theportrayal of violence at national
level;
ii. enable electronic media consumers, both national and foreign, who
criticise the violent content of certain services or products, to lodge acomplaint with the regulatory
authority or another competent
national body;iii. include among the licensing conditions for broadcasters certain obligations concerning the portrayal ofviolence, accompanied by dissuasive
measures of an administrative
nature, such as non-renewal of thelicence when these obligations are
not respected;
iv. establish methods to facilitate
the division of responsibilities
between those responsible for thecontent and the public (warnings,“watersheds”, and so on);v. raise the electronic media professionals’ awareness of the problems
connected with the gratuitous portrayal of violence and the public’s
concern about them;vi. promote research on the portrayal of violence in the electronic
media, in particular on trends in thevarious media, and studies of theeffects of such portrayal on the public.

Human rights guidelines for online games providers

Protecting the dignity, security and privacy of children on the Internet
International co-operation
In addition to their existing international obligations and activities carried out within the framework of theCouncil of Europe, member Statesshould co-operate bilaterally andmultilaterally as well as within theframework of competent international organisations, with a view todeveloping policies for addressing
problems related, in particular, to theinternational dimension of the gratuitous portrayal of violence in theelectronic media.
In this respect, they should facilitate
the exchange of information and cooperation between competent regulatory authorities, in particular as
concerns content classification andthe handling of any complaints
lodged from abroad.

Legal measures
Where those responsible for the content engage in the gratuitous portrayal of violence which grossly
offends human dignity or which, on
account of its inhuman or degrading

nature, impairs the physical, mental
or moral development of the public,
particularly young people, member
States should effectively apply relevant civil, criminal or administrative
sanctions.
Member states which are not yet
Parties to the European Convention
on Transfrontier Television (1989)
are invited to accede to this instrument. All States Parties to the Convention should ensure its effective
implementation, in particular as concerns the provisions dealing with theportrayal of violence, and regularly
evaluate its effectiveness. Member
states are also invited to give anappropriate follow-up to Recommendation No. R (89) 7 of the Committee of Ministers on principles on
the distribution of videograms having a violent, brutal or pornographic
content.

Promotion of non-violent quality
programmes, services and products
Within the framework in particularof the various national and Euro-pean programmes of support for the
production and distribution ofaudiovisual works, and in close cooperation with European bodies andprofessional
circles
concerned,
member states should promote theprinciple of non-violent quality programmes, services and products
which reflect the cultural diversity
and richness of European countries.

Guideline No. 4 – Shared
responsibility for electronic media
education
States should consider electronic
media education as a responsibility
shared between themselves, those
responsible for the content and thevarious sectors of society. Such education constitutes a particularly
appropriate way of helping the public, especially the young, to develop a
critical attitude in regard to different
forms of portrayal of violence inthese media and to make informed
choices.

Declaration of the Committee of Ministers on protecting the dignity,
security and privacy of children on the Internet1
The Committee of Ministers of theCouncil of Europe,
Recalling the fundamental right tofreedom of expression and to receive
and impart information and ideas
without interference by publicauthorities and regardless of frontiers, as guaranteed by Article 10 of
the Convention for the Protection of
Human Rights and Fundamental
Freedoms (European Convention on
Human Rights – ETS No. 5);
Recalling the 1989 United Nations
Convention of the Rights of theChild, in particular the inherent rightfor children to dignity, to special protection and care as is necessary for
their well-being, to protection
against all forms of discrimination or
arbitrary or unlawful interferencewith their privacy and to unlawful
attacks on their honour and reputation;

Convinced that the well-being andbest interests of children are fundamental values shared by all member
states, which must be promoted
without any discrimination;
Convinced that the Internet is an
important tool for children’s everyday activities, such as communication, information, knowledge, education and entertainment;
Concerned however by the enduring
presence of content created by children which can be damaging to theirdignity, security, privacy and honour
both now and in the future as adults;
Recalling the Committee of Ministers’ Declaration on freedom of communication on the Internet, adopted
on 28 May 2003, which stresses thatthe exercise of such freedom should
not prejudice the dignity or fundamental rights and freedoms of others, especially children;

Conscious that the traceability ofchildren’s activities via the Internet
may expose them to criminal activities, such as the solicitation of children for sexual purposes, or otherwise illegal or harmful activities,
such as discrimination, bullying,stalking and other forms of harassment, by others;
Recalling the measures to protect
children referred to in the 2001 Convention on Cybercrime (ETS No.
185), in particular concerning childpornography, and the 2007 Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse (CETS No. 201), in particular concerning the solicitation ofchildren for sexual purposes;
Convinced of the need to informchildren about the enduring presence and risks of the content theycreate on the Internet and, in thisconnection, of the need to develop

1. Adopted on 20 February 2008.

Human rights guidelines for online games providers

11Extracts from existing Council of Europe standards
and promote their information literacy, defined as the competent use oftools providing access to information, the development of criticalanalysis of content and the appropriation of communication skills to foster citizenship and creativity, as
referred to in Recommendation Rec(2006) 12 of the Committee of Ministers on empowering children in the
new information and communications environment;
Aware that communication using
new technologies and new information and communication services
must respect the right to privacy andto secrecy of correspondence, as
guaranteed by Article 8 of the European Convention on Human Rights
and as elaborated by the case-law of
the European Court of Human
Rights, as well as the Convention for
the Protection of Individuals withregard to Automatic Processing of
Personal Data (ETS No. 108);

Concerned by the profiling of information and the retention of personal
data regarding children’s activities
for commercial purposes;
Noting the outcome documents of
the United Nations World Summit
on the Information Society (Geneva,
2003/Tunis, 2005), in particular the2005 Tunis Agenda for the Information Society which reaffirmed thecommitment to effective policies andframeworks to protect children andyoung people from abuse and exploitation through information and communication technologies;
Noting also the mandate of theUnited Nations Internet Governance Forum, in particular to identify
emerging issues regarding the development and security of the Internet
and to help find solutions to theissues arising from the use and misuse of the Internet, of concern toeveryday users;

Aware of the emerging tendency forcertain types of institutions, such as
educational establishments, and prospective employers to seek information about children and young people when deciding on important
issues concerning their lives,
Declares that, other than in the context of law enforcement, there should
be no lasting or permanently accessible record of the content created bychildren on the Internet which challenges their dignity, security and privacy or otherwise renders them vulnerable now or at a later stage intheir lives;
Invites member states, together,where appropriate, with other relevant stakeholders, to explore the feasibility of removing or deleting suchcontent, including its traces (logs,
records and processing), within areasonably short period of time.

Recommendation No. CM/Rec (2008) 6 on measures to promote therespect for freedom of expression and information with regard toInternet filters
The Committee of Ministers, under
the terms of Article 15.b of the Statute of the Council of Europe,
Considering that the aim of theCouncil of Europe is to achieve
greater unity between its members
for the purpose of safeguarding andrealising the ideals and principles
which are their common heritage;
Recalling that States Parties to theConvention for the Protection of
Human Rights and Fundamental
Freedoms (European Convention on
Human Rights, ETS No. 5) haveundertaken to secure to everyone
within their jurisdiction the humanrights and fundamental freedoms
defined in the Convention;
Reaffirming the commitment ofmember states to the fundamental
right to freedom of expression and toreceive and impart information andideas without interference by publicauthorities and regardless of frontiers, as guaranteed by Article 10 of
the European Convention on Human
Rights;12

Aware that any intervention bymember states that forbids access to
specific Internet content may constitute a restriction on freedom of
expression and access to information in the online environment andthat such a restriction would have tofulfil the conditions in Article 10,paragraph 2, of the European Convention on Human Rights and therelevant case-law of the European
Court of Human Rights;
Recalling in this respect the Declaration on human rights and the rule oflaw in the information society,adopted by the Committee of Ministers on 13 May 2005, according towhich member states should maintain and enhance legal and practicalmeasures to prevent state and private
censorship;
Recalling Recommendation Rec(2007) 11 of the Committee of Ministers to member states on promoting freedom of expression and information in the new information andcommunications
environment,
according to which member states,

the private sector and civil society
are encouraged to develop common
standards and strategies to promotetransparency and the provision of
information, guidance and assistance to the individual users of technologies and services concerning,inter alia, the blocking of access toand filtering of content and services
with regard to the right to receive
and impart information;
Noting that the voluntary andresponsible use of Internet filters(products, systems and measures toblock or filter Internet content) can
promote confidence and security on
the Internet for users, in particularchildren and young people, while
also aware that the use of such filters
can impact on the right to freedomof expression and information, as
protected by Article 10 of the European Convention on Human Rights;
Recalling Recommendation Rec(2006) 12 of the Committee of Ministers on empowering children in the
new information and communications environment, which under-

Human rights guidelines for online games providers

Measures to promote the respect for freedom of expression and information with regard to Internet filters
lines the importance of information
literacy and training strategies forchildren to enable them to better
understand and deal with content(for example violence and self-harm,
pornography, discrimination andracism) and behaviours (such as
grooming, bullying, harassment orstalking) carrying a risk of harm,
thereby promoting a greater sense ofconfidence, well-being and respect
for others in the new informationand communications environment;
Convinced of the necessity to ensurethat users are made aware of, understand and are able to effectively use,
adjust and control filters according
to their individual needs;
Recalling Recommendation Rec(2001) 8 of the Committee of Ministers on self-regulation concerning
cybercontent (self-regulation anduser protection against illegal or
harmful content on new communications and information services),
which encourages the neutral labelling of content to enable users tomake their own value judgements
over such content and the development of a wide range of search tools
and filtering profiles, which provide
users with the ability to select content on the basis of content descriptors;
Aware of the public service value ofthe Internet, understood as people’ssignificant reliance on the Internet as
an essential tool for their everyday
activities (communication, information, knowledge, commercial transactions, entertainment) and theresulting legitimate expectation that
Internet services be accessible,
affordable, secure, reliable and ongoing and recalling in this regard Recommendation Rec (2007) 16 of theCommittee of Ministers on measures
to promote the public service valueof the Internet;
Recalling the Declaration of theCommittee of Ministers on freedomof communication on the Internet of
28 May 2003, which stresses thatpublic authorities should not,through general blocking or filtering
measures, deny access by the public
to information and other communication on the Internet, regardless offrontiers, but that this does not pre-vent the installation of filters for theprotection of minors, in particular inplaces accessible to them, such as
schools or libraries;
Reaffirming the commitment ofmember states to everyone’s right toprivate life and secrecy of correspondence, as protected by Article 8of the European Convention on
Human Rights, and recalling theConvention for the Protection ofIndividuals with regard to Automatic Processing of Personal Data(ETS No. 108) and its Additional
Protocol regarding supervisory
authorities and transborder dataflows (ETS No. 181) as well as Recommendation No. R (99) 5 of theCommittee of Ministers on the protection of privacy on the Internet,
Recommends that member states
adopt common standards and strategies with regard to Internet filters topromote the full exercise and enjoyment of the right to freedom of
expression and information andrelated rights and freedoms in theEuropean Convention on Human
Rights, in particular by:• taking measures with regard toInternet filters in line with the guidelines set out in the appendix to thisrecommendation;• bringing these guidelines to theattention of all relevant private andpublic sector stakeholders, in particular those who design, use (install,
activate, deactivate and implement)
and monitor Internet filters, and to
civil society, so that they may contribute to their implementation.

Appendix to
Recommendation CM/Rec(2008) 6: Guidelines
Using and controlling Internet filtersin order to fully exercise and enjoy
the right to freedom of expression
and information
Users’ awareness, understanding ofand ability to effectively use Internet
filters are key factors which enable
them to fully exercise and enjoy their
human rights and fundamental
freedoms, in particular the right tofreedom of expression and information, and to participate actively indemocratic processes. When confronted with filters, users must be
informed that a filter is active and,
where appropriate, be able to identify
and to control the level of filtering
the content they access is subject to.
Moreover, they should have the possibility to challenge the blocking or
filtering of content and to seek clarifications and remedies.
In co-operation with the private sector and civil society, member statesshould ensure that users are madeaware of activated filters and, whereappropriate, are able to activate anddeactivate them and be assisted invarying the level of filtering in operation, in particular by:i. developing and promoting aminimum level of information forusers to enable them to identify
when filtering has been activated andto understand how, and according towhich criteria, the filtering operates(for example, blacklists, whitelists,
keyword blocking, content rating,etc., or combinations thereof );ii. developing minimum levels ofand standards for the information
provided to the user to explain why aspecific type of content has been filtered;iii. regularly reviewing and updating filters in order to improve theireffectiveness, proportionality andlegitimacy in relation to theirintended purpose;iv. providing clear and concise
information and guidance regarding
the manual overriding of an activated filter, namely whom to contact
when it appears that content has
been unreasonably blocked and thereasons which may allow a filter to be
overridden for a specific type of content or Uniform Resource Locator(URL);
v. ensuring that content filtered by
mistake or error can be accessed
without undue difficulty and within areasonable time;
vi. promoting initiatives to raiseawareness of the social and ethicalresponsibilities of those actors who
design, use and monitor filters withparticular regard to the right to freedom of expression and informationand to the right to private life, as well

Human rights guidelines for online games providers

13Extracts from existing Council of Europe standards
as to the active participation in public life and democratic processes;vii. raising awareness of the potential
limitations to freedom of expression
and information and the right to private life resulting from the use of filters and of the need to ensure proportionality of such limitations;viii.facilitating an exchange of experiences and best practices withregard to the design, use and monitoring of filters;
ix. encouraging the provision oftraining courses for network administrators, parents, educators andother people using and monitoring
filters;x. promoting and co-operating withexisting initiatives to foster responsible use of filters in compliance withhuman rights, democracy and therule of law;xi. fostering filtering standards andbenchmarks to help users choose
and best control filters.
In this context, civil society should
be encouraged to raise users’ awareness of the potential benefits anddangers of filters. This should
include promoting the importanceand significance of free and unhindered access to the Internet so thatevery individual user may fully exercise and enjoy their human rights
and fundamental freedoms, in particular the right to freedom of
expression and information and theright to private life, as well as toeffectively participate in public lifeand democratic processes.

Appropriate filtering for children andyoung people
The Internet has significantly
increased the number and diversityof ideas, information and opinions
which people may receive and impartin the fulfilment of their right to freedom of expression and information
without interference by publicauthorities and regardless of frontiers. At the same time, it has
increased the amount of readily
available content carrying a risk ofharm, particularly for children andyoung people. To satisfy the legitimate desire and duty of member
states to protect children and young

14

people from content carrying a riskof harm, the proportionate use of filters can constitute an appropriate
means of encouraging access to andconfident use of the Internet and be acomplement to other strategies on
how to tackle harmful content, suchas the development and provision of
information literacy.

into account the diversity of cultures,values and opinions;

In this context, member statesshould:iv. promote the interoperability ofsystems for the self-classification ofcontent by providers and help toincrease awareness about the potential benefits and dangers of such classification models.

i. facilitate the development ofstrategies to identify content carrying a risk of harm for children andyoung people, taking into accountthe diversity of cultures, values andopinions;
ii. co-operate with the private sector and civil society to avoid overprotection of children and young
people by, inter alia, supporting
research and development for the
production of “intelligent” filters thattake more account of the context inwhich the information is provided(for example by differentiating
between harmful content itself andunproblematic references to it, suchas may be found on scientific websites);iii. facilitate and promote initiatives
that assist parents and educators inthe selection and use of developmental-age appropriate filters for children and young people;
iv. inform children and young people about the benefits and dangers ofInternet content and its filtering aspart of media education strategies informal and non-formal education.
Furthermore, the private
should be encouraged to:sectori. develop “intelligent” filters offeringdevelopmental-age appropriate filtering which can be adapted to follow the child’s progress and age
while, at the same time, ensuring thatfiltering does not occur when thecontent is deemed neither harmful
nor unsuitable for the group which
the filter has been activated to protect;ii. co-operate with self- and co-regulatory bodies in order to develop
standards for developmental-age
appropriate rating systems for content carrying a risk of harm, takingiii. develop, in co-operation withcivil society, common labels for filters to assist parents and educators
in making informed choices when
acquiring filters and to certify thatthey meet certain quality requirements;

Moreover, civil society should be
encouraged to:i. debate and share their experiences and knowledge when assessing and raising awareness of thedevelopment and use of filters as aprotective measure for children andyoung people;
ii. regularly monitor and analyse
the use and impact of filters for children and young people, with particular regard to their effectiveness andtheir contribution to the exercise andenjoyment of the rights andfreedoms guaranteed by Article 10
and other provisions of the European
Convention on Human Rights.

Use and application of Internet filtersby the public and private sector
Notwithstanding the importance ofempowering users to use and control filters as mentioned above, andnoting the wider public service valueof the Internet, public actors on alllevels (such as administrations,libraries and educational institutions) which introduce filters or use
them when delivering services to the
public, should ensure full respect for
all users’ right to freedom of expression and information and their rightto private life and secrecy of correspondence.
In this context, member statesshould:i. refrain from filtering Internet
content in electronic communications networks operated by public
actors for reasons other than thoselaid down in Article 10, paragraph 2,of the European Convention on

Human rights guidelines for online games providers

Measures to promote the respect for freedom of expression and information with regard to Internet filters
Human Rights, as interpreted by theEuropean Court of Human Rights;
ii. guarantee that nationwide general blocking or filtering measures
are only introduced by the state if theconditions of Article 10, paragraph 2,of the European Convention on
Human Rights are fulfilled. Suchaction by the state should only betaken if the filtering concerns specific and clearly identifiable content,
a competent national authority hastaken a decision on its illegality andthe decision can be reviewed by anindependent and impartial tribunal
or regulatory body, in accordancewith the requirements of Article 6 of
the European Convention on Human
Rights;iii. introduce, where appropriate
and necessary, provisions undernational law for the prevention of
intentional abuse of filters to restrict
citizens’ access to lawful content;
iv. ensure that all filters are assessedboth before and during their implementation to ensure that the effectsof the filtering are proportionate to
the purpose of the restriction andthus necessary in a democratic society, in order to avoid unreasonableblocking of content;i. regularly assess and review theeffectiveness and proportionality
regarding the introduction of filters;v. provide for effective and readily
accessible means of recourse andremedy, including suspension of filters, in cases where users and/or
authors of content claim that content
has been blocked unreasonably;ii. strengthen the information andguidance to users who are subject tofilters in private networks, including
information about the existence of,and reasons for, the use of a filter andthe criteria upon which the filter
operates;vi. avoid the universal and general
blocking of offensive or harmful content for users who are not part of thegroup which a filter has been activated to protect, and of illegal content for users who justifiably demonstrate a legitimate interest or need toaccess such content under exceptional circumstances, particularly for
research purposes;vii. ensure that the right to private
life and secrecy of correspondence isrespected when using and applying
filters and that personal data logged,
recorded and processed via filters are
only used for legitimate and noncommercial purposes.
Furthermore, member states and theprivate sector are encouraged to:iii. co-operate with users (customers, employees, etc.) to improve thetransparency, effectiveness and proportionality of filters.
In this context, civil society should
be encouraged to follow the development and deployment of filters bothby key state and private sector actors.
It should, where appropriate, callupon member states and the private
sector, respectively, to ensure and to
facilitate all users’ right to freedom of
expression and information, in particular as regards their freedom toreceive information without interference by public authorities andregardless of frontiers in the new
information and communications
environment.

Human rights guidelines for online games providers

15

Developed by the Council of Europe in close co-operation with the Interactive
Software Federation of Europe (ISFE), these guidelines provide human rights
benchmarks for online games providers and developers. While underlining the
primary value of games as tools for expression and communication, they stress theimportance of gamers safety and their right to privacy and freedom of expression
and, in this connection, the importance for the games industry to be aware of thehuman rights impact that games can have.

For more information on the activitiesof the Council of Europe and ISFE:
www.coe.int • www.isfe-eu.org

Directorate Generalof Human Rights and Legal Affairs
Council of Europe
F67075 Strasbourg Cedex