Session
Organizer 1: Civil Society, Western European and Others Group (WEOG)
Speaker 1: Eliska Pirkova, Civil Society, Western European and Others Group (WEOG)
Speaker 2: Maksym Dvorovyi, Civil Society, Eastern European Group
Speaker 3: Zhyrmont Anastasiya, Civil Society, Eastern European Group
Speaker 2: Maksym Dvorovyi, Civil Society, Eastern European Group
Speaker 3: Zhyrmont Anastasiya, Civil Society, Eastern European Group
Format
Roundtable
Duration (minutes): 90
Format description: This interactive workshop will provide a safe space for all stakeholders to identify existing best practices and glaring gaps in accessing effective remedies against platforms' arbitrary decisions by unjustifiably restricting their rights. Consequently, all participants will arrive at the series of action points and recommendations that will be transferred to the joint Guide by the organisers. After short introductory remarks, the workshop will contain several group exercises to extract the most operational recommendations. The workshop will use collaborative tools, such as the MIRO board, to stimulate more interaction in the room and enhance remote participation.
Duration (minutes): 90
Format description: This interactive workshop will provide a safe space for all stakeholders to identify existing best practices and glaring gaps in accessing effective remedies against platforms' arbitrary decisions by unjustifiably restricting their rights. Consequently, all participants will arrive at the series of action points and recommendations that will be transferred to the joint Guide by the organisers. After short introductory remarks, the workshop will contain several group exercises to extract the most operational recommendations. The workshop will use collaborative tools, such as the MIRO board, to stimulate more interaction in the room and enhance remote participation.
Policy Question(s)
How can access to collective redress be operationalized by the communities at risk inside and outside the EU?
What are the main obstacles to accessing effective remedies for at-risk communities against platforms' unjustified restrictions?
What are the eligibility requirements for CSOs to defend the collective interest of communities at risk? How has enforcing Articles 20 and 86 of the DSA worked so far, and what needs strengthening?
Can this new mechanism under the DSA also empower communities at risk outside the EU?
How can public regulators, such as Coimisiún na Meán in Ireland, help at-risk communities ensure online safety?
What will participants gain from attending this session? The participants will gain a mutual understanding of persistent issues that HRDs face when being silenced or discriminated against by online platforms, for instance, by content policies and their arbitrary enforcement, either by automated content moderation or content recommender systems. By raising these issues, the moderated dialogue will raise awareness among HRDs living in exile, who may defend themselves against this arbitrariness with the support of specialized civil society organizations representing their interest.
Second, the community of invited stakeholders will discuss and agree on the main points for the future joint strategy on leveraging new DSA measures for collective redress in the EU. Even if the DSA applies only in the EU jurisdiction, such measures' outcomes may positively shape global redress mechanisms.
Finally, the workshop will facilitate joint conversations with relevant stakeholders, including the EU External Service, the European Commission, the Appeals Centre Europe, and national Digital Service Coordinators.
Description:
With shrinking civic space, scarce funding, and overall democratic backsliding in the EU and beyond, the communities at risk, such as human rights defenders (HRDs) and media in exile, are increasingly more vulnerable online. Human rights defenders are custodians of human rights. Online platforms are often their lifeline for accessing adequate information to continue their advocacy efforts. However, HRDs face significant threats online, including malicious cyber activity, online censorship, targeted Internet shutdowns, arbitrary or unlawful online surveillance, harassment, smear campaigns, disinformation, and doxxing. While online platforms must practice heightened due diligence and adopt sufficient safeguards for HRD safety, the current state of the art remains insufficient. In 2022, the European Union adopted the Digital Services Act (DSA), which contains a new approach to platform accountability as well as new ways to access effective remedy and redress by at-risk communities who seek to challenge platforms’ arbitrary decisions (or lack of) impacting their rights and safety. A new measure for collective redress under Article 86 of the DSA empowers civil society organizations, such as Access Now and the digital security helpline, to represent the collective interest of HRDs and to fight for their rights on their behalf. This workshop's primary goal is to gather the community of HRDs and media representatives in exile in the EU to identify the main obstacles in seeking redress from platforms and strategize how to leverage new regulatory mechanisms to enhance their safety and access to effective remedies. Lack of procedural justice online leads to the silencing of communities at risk. While the DSA measures hold promise, their enforcement is still nascent. Therefore, all relevant stakeholders must come together at this early stage to leverage the potential of these measures to the maximum extent possible.
With shrinking civic space, scarce funding, and overall democratic backsliding in the EU and beyond, the communities at risk, such as human rights defenders (HRDs) and media in exile, are increasingly more vulnerable online. Human rights defenders are custodians of human rights. Online platforms are often their lifeline for accessing adequate information to continue their advocacy efforts. However, HRDs face significant threats online, including malicious cyber activity, online censorship, targeted Internet shutdowns, arbitrary or unlawful online surveillance, harassment, smear campaigns, disinformation, and doxxing. While online platforms must practice heightened due diligence and adopt sufficient safeguards for HRD safety, the current state of the art remains insufficient. In 2022, the European Union adopted the Digital Services Act (DSA), which contains a new approach to platform accountability as well as new ways to access effective remedy and redress by at-risk communities who seek to challenge platforms’ arbitrary decisions (or lack of) impacting their rights and safety. A new measure for collective redress under Article 86 of the DSA empowers civil society organizations, such as Access Now and the digital security helpline, to represent the collective interest of HRDs and to fight for their rights on their behalf. This workshop's primary goal is to gather the community of HRDs and media representatives in exile in the EU to identify the main obstacles in seeking redress from platforms and strategize how to leverage new regulatory mechanisms to enhance their safety and access to effective remedies. Lack of procedural justice online leads to the silencing of communities at risk. While the DSA measures hold promise, their enforcement is still nascent. Therefore, all relevant stakeholders must come together at this early stage to leverage the potential of these measures to the maximum extent possible.
Expected Outcomes
The main outcome of the session will be the joint guidelines for human rights defenders, communities at risk, and civil society organizations with the expertise and capacity to defend these communities' collective interests and facilitate access to an effective remedy.
Access Now will lead and coordinate the preparation and drafting of the Guide. The organization has extensive expertise in supporting at-risk communities, whether through our Digital Security Helpline or our policy work on platform accountability worldwide.
The guide will also contain recommendations for public regulators, pointing them to best practices and glaring gaps in the platform's online approach to protecting human rights defenders.
Hybrid Format: As mentioned above, the workshop will use several interactive virtual tools to enhance remote participation, including the MIRO board and breakout rooms. With the support of the online moderator, the site's moderator will closely follow remote participants and ensure that they are meaningfully included in the flow of the workshop.