Renegotiating Fundamental Rights: The #Digitalcharta

#DigitalCharta Con Panel

Do we need digital basic rights?

How can we ensure that the iPhone voice, Siri guides a suicidal user to the next counselling hotline and not the next bridge? In the #Digitalcharta, EU citizens want to decide how artificial intelligence can be used and how our data is protected.

"If these days Facebook, Twitter and Google can decide what we are allowed to say, then we need to debate this”, says Jeanette Hofmann at re:publica. The Professor for Internet Politics at the Berlin Social Science Centre (WZB), is one of 27 initiators of the Digitalcharta, which was presented at the end of 2016 and is since being continuously discussed and developed. In the future, it is supposed to protect citizens, not only from the state but also from the power of large international corporations.

The charter is an attempt by prominent journalists, politicians, scientists and internet activists to adapt the EU Charter of Fundamental Rights to the digital world. The 27 articles of the charter provide input on data protection, artificial intelligence and freedom of speech online. They want to prevent that unregulated digitalisation, leads to a machine-led world without ethics and proportionality in which – as one visitor put it in the plenary - “Siri would guide me to the next bridge if I was suicidal”. Article 8 of the charter, states that these types of instructions need to be prevented through warning mechanisms. “Ethically-normative decisions can only be made by humans”.

“The charter is provisional and is there to be debated”, says Jan Philipp Albrecht of the Green Party. The EU Parliamentarian and lawyer believes that this debate is necessary. “Citizens should design and debate their own basic rights, not just politicians.”

Legal experts feel sidelined

Christoph Kucklick, Chief Editor of Geo-Magazine did not sign the charter. He thinks its unnecessary to demand extraordinary digital basic rights; in addition the paper is too vague. In particular he criticises article 5.2. which states: “Bullying and smear campaigns must be prevented”. Both terms are not legally defined; this provision should not endanger the right to freedom of speech on the internet, so Kucklick.

Legal experts feel sidelined by the process. Especially in light of the fact that the initiators of the charter would need their expertise to be able to realise the charter into the German and European legal system, they warn.

Until the charter is actually written into law, citizens can submit criticism and concrete suggestions on digitalcharta.eu and via the hashtag #digitalcharta, as well as commenting on articles anonymously.

By Theresa Krinninger und Birte Mensing (EJS)

Photo credit: Theresa Krinninger