Abstract
In debates over Internet governance, the interests of children figure unevenly, and only partial progress has been made in supporting children’s rights online globally. This chapter examines how the UN Convention on the Rights of the Child is helpful in mapping children’s rights to provision, protection and participation as they apply online as well as offline. However, challenges remain. First, opportunities and risks are positively linked, policy approaches are needed to resolve the potential conflict between protection on the one hand, and provision and participation on the other. Second, while parents may be relied on to some degree to balance their child’s rights and needs, the evidence suggests that a minority of parents are ill-equipped to manage this. Third, resolution is needed regarding the responsibility for implementing digital rights, since many governments prefer self-regulation in relation to Internet governance. The chapter concludes by calling for a global governance body charged with ensuring the delivery of children’s rights.
Sonia Livingstone is Professor of Social Psychology, Department of Media and Communications at LSE. Brian O’Neill is Head of the School of Media at Dublin Institute of Technology. This chapter draws on the work of the EU Kids Online network funded by the European Commission (Directorate-General Information Society) Safer Internet plus Programme (SIP-KEP-321803); see www.eukidsonline.net. We thank members of the network for their collaboration in developing the research underpinning this chapter. Thanks also to Anne Collier, Nóirín Hayes, Simone van der Hof, Jenny Kuper, Peter Lunt, Robin Mansell and Sharon McLaughlin for their comments on an earlier version of this chapter.
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Notes
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Early battles included the successful fight against the US Communications Decency Act 1996 (Nesson and Marglin 1996) and, in 2007, the striking down as unconstitutional of the Child Online Protection Act (COPA) 1998 (McNamee 2010). See also www.ftc.gov/privacy/coppafaqs.shtm.
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Livingstone 2011. Indeed, although there is now widespread acceptance of the need for Internet governance, meaning that the libertarian position (for which expression even of illegal content may be claimed as an unqualified right) receives little support, there is still a need to address the concerns of critics who, often with justification, have learned to be sceptical of the stated good intentions of the state or commerce; too often, it has come about that, using the defence of child protection, or the tools thereby developed, various acts of state or commercial intrusion or censorship occur, whether deliberately (by politically motivated governments or for commercial exploitation) or inadvertently (by incompetent systems of Internet filtering or surveillance).
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Alderson 2000, p. 442.
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Mansell 2012.
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Lessig 2000.
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See www.un.org/en/documents/udhr/index.shtml. Note that children ‘are entitled to special care and assistance’ (Article 25) and that ‘Parents have a prior right to choose the kind of education that shall be given to their children’ (Article 26). Beyond this, there is no implication that children should be treated in any way differently from adults as regards fundamental rights.
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Freeman 2007.
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Guggenheim 2005; Holzscheiter 2010; O’Neill 1988; Purdy 1992; Veerman 2010. Article 4 requires governments to undertake all relevant legislative, administrative and other measures to implement the rights of the child, to submit evidence and to have progress on their implementation as a subject of public review (Article 44), while making the principles of the Convention widely known to adults and children alike (Article 42).
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Alderson 2000, p. 440 (emphasis added).
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Hamelink 2008; Livingstone 2009b. Consider the world of traditional mass media, where children’s rights have long been debated. The Children’s Television Charter applies the principles of the UNCRC to television and may, surely, also be applied to the Internet (Livingstone 2009b). Relatedly, the concept of ‘child-friendly journalism’ has been promoted by the Brazilian News Agency for Children’s Rights (ANDI), founded on legislative recognition of children’s rights (including communicative rights), proactive production of positive content and an accountability system in which all stakeholders play an active role (see www.andi.org.br/).
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McLaughlin 2013.
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In Europe, the Directorate-General for Justice is charged with coordinating efforts regarding children’s rights; see http://ec.europa.eu/justice/fundamental-rights/rights-child/index_en.htm. There are, however, many other European Commission efforts relevant here, including the European Commission Communication, ‘Towards an EU Strategy on the Rights of the Child’ (2006), ‘An EU Strategy for Youth’ (2009) and ‘An EU Agenda for the Rights of the Child’ (2011). Advancing these concerns is not always straightforward, however—witness the struggle in formulating the 2011 Directive on combating sexual abuse and sexual exploitation of children and child pornography about whether the blocking of illegal child abuse images should be discretionary or mandatory in member states. See the overview in European Parliament 2012. Little is said regarding the digital environment in any of these documents.
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Relevant to the digital dimension of Article 34, which requires governments to protect children from all forms of sexual abuse and sexual exploitation, is the 2007 Council of Europe’s Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (the ‘Lanzarote Convention’), which criminalises the use of new technologies to sexually harm or abuse children. Other European legal instruments include the 1996 Communication on Illegal and Harmful Content on the Internet, the 2006 Recommendation on the Protection of Minors and the 2011 Directive on Combating the Sexual Abuse and Sexual Exploitation of Children and Child Pornography. Child protection online setting is also implied by Article 19’s call for ‘appropriate legislative, administrative, social and educational measures to protect the child’ and which promote governmental action in Internet safety provision.
- 24.
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Livingstone et al. 2011b.
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Schoon 2006.
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O’Neill et al. 2011.
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Lusoli and Miltgen 2009.
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Livingstone et al. 2012b.
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Livingstone et al. 2011a.
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European Commission 2012b.
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Announcing a coalition of chief executive officers (CEOs) of major Internet companies on 1 Dec 2011, European Commission Vice President Neelie Kroes established five work streams to make the Internet better for children; see http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/1485&format=HTML&aged=0&language=EN&guiLanguage=en.
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Livingstone et al. 2011b.
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Awarded at the Digital Agenda Assembly, Brussels, by Commissioner Neelie Kroes (17 June 2011); see http://ec.europa.eu/information_society/activities/sip/events/competition/winners/index_en.htm. The prize was awarded again on 11 February 2014.
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European Commission 2012a.
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Helsper 2012.
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Warschauer and Matuchniak 2010.
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Pruulmann-Vengerfeldt and Runnel 2012.
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E.g., Nordic Youth Forum 2012.
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Livingstone et al. 2012a.
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See CEO coalition discussion earlier. At present, parental tools (filters, monitoring software, age ratings, etc.) are still flawed in design and operation (e.g. they over-block legitimate content, and work poorly for user-generated content, Deloitte and European Commission 2008.
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European Union 2010.
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Millwood Hargrave and Livingstone 2009.
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As Holzscheiter observes, the UNCRC also ‘poses serious problems in translation into different cultural contexts’; Holzscheiter 2010, p. 17.
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Palfrey et al. 2008.
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Founded in 1999, the Directorate-General Information Society’s Safer Internet Programme (renamed: Better Internet for Children) has provided an overarching framework for European initiatives for combating illegal content, promoting safer use of Internet and communication technologies and for awareness-raising activities, following a prescient 1996 Communication on Illegal and Harmful Content on the Internet. This established an international network of hotlines for reporting illegal child abuse images and a parallel network of awareness-raising centres, together with a programme to build the knowledge base regarding emerging trends in children’s use and consequences of online technologies. See http://ec.europa.eu/information_society/activities/sip/policy/program5me/current_prog/index_en.htm.
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Child online protection features prominently in the work of international bodies such as the Internet Governance Forum (IGF), the Organisation for Economic Cooperation and Development (OECD) and the Council of Europe, as well as many national governments around the world. The International Telecommunication Union (ITU), as the lead United Nations (UN) agency with responsibility for the Internet, has actively raised the profile of cyber-security, and the role of child Internet safety within that, both in developed countries and across the developing world where burgeoning Internet adoption in Asia, Latin America and Africa greatly expands the reach of the Internet and the potential risks for children. Linking Internet safety with confidence and trust in the infrastructure of the Internet was a theme that emerged from the World Summit on the Information Society (WSIS) in 2005 when the ITU assumed leadership of Action C5: ‘building confidence and security in the use of ICTs’. Its Global Cyber-security Agenda acts as the framework for international cooperation aimed at enhancing confidence and security in the information society, a central pillar of which is its Child Online Protection initiative (ITU 2009), designed to tackle the legal, technical and institutional challenges posed by cyber-security. See Global Security Agenda, accessed on 5 Sept 2010 at www.itu.int/osg/csd/cybersecurity/gca/index.html.
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See WSIS 2005.
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Livingstone 2009a.
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Olsen 1992.
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Giddens 1991.
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Bartholet 2011, p. 85.
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Mathiesen 2012.
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Duerager and Livingstone 2012.
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Shmueli and Blecher-Prigat 2011, p. 793.
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As affirmed in the 2009 Prague Declaration, ministers of the European Union have committed to direct coordinated, intergovernmental action to combat illegal content and to minimise risks to Internet users. As a result, the European Commission has made proposals for the adoption of a new directive on combating sexual abuse, sexual exploitation of children and child pornography (European Commission 2010). Also, it is committed through the Digital Agenda, Europe’s digital policy successor to i2010 (European Commission 2010), to creating a flourishing digital economy by 2020. This includes a set of measures to promote the building of digital confidence (p. 6); guaranteeing universal broadband coverage with fast and ultrafast Internet access (pp. 18–19); enhancing digital literacy, skills and inclusion (p. 28); and promoting cultural diversity and creative content (p. 30). See Digital Agenda for Europe, accessed on 5 Sept 2010 at http://ec.europa.eu/information_society/digital-agenda/index_en.htm.
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Livingstone et al. 2011b.
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Powell et al. 2010, p. 5.
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European Commission 2012a.
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OECD 2012b.
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Livingstone et al. 2011b.
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Until this is taken forward, the current policy of the European Commission is widening its focus: the Digital Agenda includes a ‘new strategy for safer Internet and better Internet content for children and teenagers’ (Kroes 2012). It is to be hoped that, in times of austerity, a ‘better’ Internet does not seem less pressing than a ‘safer’ one.
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Livingstone, S., O’Neill, B. (2014). Children’s Rights Online: Challenges, Dilemmas and Emerging Directions. In: van der Hof, S., van den Berg, B., Schermer, B. (eds) Minding Minors Wandering the Web: Regulating Online Child Safety. Information Technology and Law Series, vol 24. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-005-3_2
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