Session
Organizer 1: Athanase Bahizire, Youth IGF DRC
Organizer 2: Nazarius Kirama, 🔒Internet Society Tanzania
Organizer 3: Pamela Chogo, 🔒
Organizer 4: Turra Daniele, Internet Society
Speaker 1: ELIAMANI ISAYA LALTAIKA, Technical Community, African Group
Speaker 2: Rachel Magege, Civil Society, African Group
Speaker 3: Rose Mwaka, Private Sector, Asia-Pacific Group
Nazarius Kirama, Technical Community, African Group
Turra Daniele, Technical Community, Western European and Others Group (WEOG)
Pamela Chogo, Government, African Group
Roundtable
Duration (minutes): 90
Format description: Reasons for choice;
1. Facilitates In-depth Discussion: This setup encourages open discussions, allowing each participant, especially judges and legal experts, to freely share insights. The intimate nature of a roundtable promotes deep exchanges of ideas on complex issues like digital rights.
2. Encourages Equal Participation: Unlike traditional lecture-based formats, a roundtable democratizes the conversation, giving all speakers equal opportunity to contribute, and ensuring diverse perspectives are equally heard.
3. Enhances Engagement and Collaboration: The setting fosters a sense of community, crucial for forming networks and ongoing dialogue on digital rights governance.
4. Optimal Time Frame: Ninety minutes allows enough time to explore topics thoroughly while keeping the discussion engaging and focused.
5. Hybrid Participation: This format effectively includes both onsite and online attendees, ensuring comprehensive and inclusive discussions.
1. How can legal systems adapt to protect digital rights like privacy and freedom of expression amidst rapid technological changes? 2. What mechanisms are needed for judicial systems globally to enforce digital rights consistently and fairly across borders? 3. How can policymakers design laws for the digital age that inclusively address the needs of all users, especially marginalized and disabled communities, to prevent digital exclusion? 4. What legal frameworks are necessary to balance national security and law enforcement with the protection of individual privacy and freedom of expression online?
What will participants gain from attending this session? Participants in the "Judges on Human Rights Online" session will gain targeted insights into judicial impacts on digital rights, exploring specific case studies that illustrate how courts shape legislation and enforcement in the digital realm. The session will dissect key judicial rulings affecting privacy, freedom of expression, and access to information, providing attendees with a clear understanding of the current legal landscape. Through a diverse panel of judges, attendees will learn about varying international approaches to digital rights issues, with practical takeaways on navigating and influencing internet governance policies within their own regions. The session will also focus on tools and strategies for advocating for laws that enhance digital inclusivity and protect human rights online, enabling participants to actively contribute to shaping a fair digital future.
Description:
In an increasingly connected world, the safeguarding of human rights within in the digital age becomes imperative. The session, "Judges on Human Rights Online," aims to address this urgent issue by leveraging the unique perspectives of the judiciary, which has been traditionally underrepresented in discussions at the annual Internet Governance Forum (IGF). It will focus on the vital role that judges from diverse jurisdictions play in shaping the landscape of digital rights and freedoms. It will explore how legal frameworks can evolve to better protect human rights online, in terms of privacy, freedom of expression, and the right to access information. It will involve advocate/lawyers, judges, magistrates, and cybersecurity law experts. Key areas: Legal Challenges and Opportunities: Examining how judges can interpret existing laws and contribute to the formulation of new legal frameworks that protect individuals in the digital age. Cross-Border Data Flow: Discussing the implications of jurisdictional challenges and the enforcement of rights across different legal systems. Inclusion and Accessibility: Addressing the necessity for laws to inclusively protect the rights of all individuals, including marginalized groups and persons with disabilities. The session will feature a balanced panel of speakers from the Global South and Western hemispheres, ensuring a wide array of insights. The panel will maintain gender equality, with speakers representing different genders, ages, political orientations, and geographical backgrounds. Given the hybrid nature of IGF 2024, the session will facilitate onsite and online participation. It will include at least one moderator and a speaker present in Riyadh to ensure seamless integration of discussions, alongside an online moderator and a rapporteur to enhance interaction and documentation of the proceedings. By bridging judicial insights with the challenges and opportunities of digital governance, this session will contribute significantly to the global dialogue on internet governance and the protection of human rights online.
Expected Outcomes 1. Enhanced Understanding of Digital Rights Jurisprudence: Participants will deepen their understanding of diverse judicial approaches to digital rights, drawing from global case studies. 2. Preliminary Framework for International Cooperation: The session aims to draft an initial framework promoting cooperation across jurisdictions for digital rights enforcement, serving as a base for further policy development. 3. Policy Recommendations Document: A set of policy recommendations will be developed, providing guidance for crafting effective digital rights laws. This document will be accessible via the IGF website. 4. Formation of a Follow-up Working Group: A working group will be established to refine and advance the international cooperation framework, with results to be shared at subsequent IGF meetings. 5. Increased Multistakeholder Engagement: The session will foster enhanced dialogue and collaboration among judges, legal experts, policymakers, and civil society, enriching the global discourse on Internet governance.
Hybrid Format: 1. Dual Moderators: One moderator onsite and another online to seamlessly integrate discussions between both participant groups, ensuring active engagement across platforms. 2. Real-Time Communication Tools: Using Zoom, equipped with breakout rooms, polls, and Q&A features, to facilitate direct interaction between onsite and online attendees. 3. Pre-Session Connectivity Checks: Conduct checks to ensure all online participants have stable connections and adequate video capabilities. 4. Interactive Session Elements: Incorporating Q&A, live polls, and breakout discussions to engage both audiences equally. 5. Complementary Online Tools: Utilizing platforms like Slido for real-time polling and questions, and Google Docs for a shared digital workspace, allowing participants to contribute and interact throughout the session. 6. Social Media Integration: Encouraging the use of session-specific hashtags to enhance visibility and ongoing dialogue.
Report
1. Judges play a crucial role in shaping and interpreting digital rights, such as privacy, freedom of expression, and access to information. Equipping judges with the right tools and knowledge is essential to ensure justice keeps pace with technological advancements. 2. The enforcement of digital rights across borders requires harmonized legal frameworks and principles. Clear standards for handling digital evidence and cooperation mechanisms are
1. Advocate for the inclusion of digital rights, cybersecurity and Internet Governance in judicial training programs and legal curricula to empower judges and legal practitioners. 2. Support initiatives like the Judiciary Global Network on Internet Governance (JGNIG) to encourage cooperation among legal professionals across borders, promoting consistent application of digital rights laws. 3. Encourage dialogues with governments and regulatory bod
Session Report: WS#235 Judges on Human Rights Online
https://intgovforum.org/en/content/igf-2024-ws-235-judges-on-human-rights-online
Overview:
The session explored the intersection of judicial expertise in the context of the dispensation of justice and the protection of human rights in the digital age. In a world increasingly reliant on technology, the judiciary plays a vital role in interpreting and shaping laws that safeguard privacy, freedom of expression, and access to information. This session emphasized empowering judges with the necessary tools and knowledge to address emerging digital rights challenges.
The hybrid session format included two moderators to integrate onsite and online discussions seamlessly.
Key Contributions:
- Advocate Umar Khan (Pakistan)
Stressed the importance of equipping judges with tools to handle digital rights cases. He highlighted the IGF’s contribution to advancing human rights through initiatives such as the recently introduced Charter on Human Rights. He noted the urgency of addressing delayed justice, particularly in the fast-paced digital realm quoting that ‘Justice delayed is justice denied’.
- Advocate Rachel Magege (Tanzania)
Addressed gender-related digital rights issues, emphasizing the need for law practitioners to understand digital rights issues, and learn about emerging technologies to be able to protect women from harassment and other online violence. She also called for inclusive legislation that considers the needs of persons with disabilities to ensure that they are included in the digital space. She advocated for harmonizing digital rights laws across jurisdictions.
- Dr. Martin Koyabe (Cybersecurity Expert)
Identified challenges in handling and authenticating digital evidence in court. He emphasized on the need to pay particular attention to how we authenticate and process digital evidence, especially those generated by emerging technologies. He advocated for harmonized cross-jurisdictional principles and capacity building among judicial and forensic experts regarding the preservation of digital evidence to be used in court.
- Hon. Dr. Eliamani Laltaika (Judge, Tanzania)
Discussed the judiciary’s role in interpreting laws, especially in data protection and privacy. He highlighted the potential of AI in judicial operations, such as transcription, scheduling, and research. He stressed the importance of regulatory frameworks for the use of AI in courts. He supported good progress such as the effort by UNESCO to develop a framework on the use of AI in court and by the judiciary. He concluded by saying that we need to demolish a few walls to accommodate new digital technologies.
Moderators: Dr Nazar Kirama - Onsite (Tanzania) & Daniele Turra - Online (Italy)
Rapporteur: Athanase Bahizire (DR Congo)
Challenges Identified:
- Lack of clarity and enforcement in handling digital evidence due to its volatile nature.
- Insufficient regulations addressing the use of AI in judicial processes.
- Barriers to cross-border collaboration on digital rights cases.
Initiatives to facilitate Judges participation in Internet Governance Space:
During the session the following initiatives were noted as platforms/tools that can engage Judges in the future;
- The Judiciary Global Network on Internet Governance (JGNIG) initiated by Tanzania Internet Governance Forum to facilitate dialogue and collaboration among judges from different jurisdictions around the world.
- Use of established Judiciary Global School of Internet Governance with the Dynamic Coalition of Schools of Internet Governance (DC-SIG) to provide capacity building for judges, judiciary officers and Lawyers on Internet Governance and related emerging issues.
Conclusion:
The session underscored the judiciary’s indispensable role in upholding human rights in the digital space. By equipping judges with the necessary tools, fostering cross-border collaboration, and promoting inclusive laws, the global community can better address the challenges of the digital age. This session marked a significant step toward ensuring justice and equality in the evolving digital landscape.
- Judges play a crucial role in shaping the future of the Internet through interpreting digital laws and regulations that govern digital rights such as privacy, freedom of expression, and access to information. Equipping judges with the right tools and knowledge ensures justice keeps pace with technological advancements.
- The enforcement of digital rights across borders requires harmonized legal frameworks and principles. Clear standards for handling digital evidence and cooperation mechanisms are essential to address issues like cross-border data flows and cybercrimes.
- Laws must take care of the needs of all individuals, including marginalized groups and persons with disabilities. Legal frameworks should be creative and adaptable to ensure participation and protection for everyone in the digital age.
Call-to-Action Points:
- Advocate for including digital rights, cybersecurity, and Internet Governance in judicial training programs and legal curricula to empower judges and legal practitioners.
- Support initiatives like the Judiciary Global Network on Internet Governance (JGNIG) to encourage cooperation among legal professionals across borders, promoting consistent application of digital rights laws.
- Encourage dialogues with governments and regulatory bodies to ensure they prioritize digital rights and understand the implications of evolving technologies. And facilitate collaboration between legal experts, civil society, technologists, and policymakers to create well-rounded and effective digital rights strategies.
- Work with policymakers to draft and implement laws that explicitly address the needs of marginalized groups, including persons with disabilities, while ensuring their alignment with existing digital rights frameworks.