[WATCH] Government launches White Paper on digital rights to be embedded in Constitution

A White Paper to introduce ‘digital rights’ in the Constitution of Malta was launched today for public consultation by Transport, Investments and Communications minister Minister Austin Gatt and will remain available until the end of November.

A new Constitutional amendment bill was also drafted and proposed within the White Paper to remove any ambiguities on human rights in the digital world.

“This constitutional amendment is a big political statement in a highly digitised society. The rate of investment in Malta depends on how far we progress digitally. We have plans to not only become leaders in the digital world but also by entranching these rights within our constitution,” Gatt said.

“Instead of lagging behind other nations until consensus is reached on how these rights should be transposed to legislative frameworks, the Maltese Government has taken the most practical viewpoint by proposing the establishment of 'digital rights'.”

He said the bill further reflected the importance of ICT as a strategic and economic pillar.

Gatt said the debate on the Anti-Counterfeiting Trade Agreement (ACTA) over the past months had spawned renewed interest on what rights citizens actually have online, which he said this White Paper was intended to settle.

After Prime Minister Lawrence Gonzi called for the required legislation establishing new digital rights to internet access back in February 2012, the communications ministry commissioned an academic study, which proposed the enactment of a constitutional reform to establish constitutional principles that put both negative and positive obligations on the State.

In practice, every household will be given the right to a broadband connection and users can view any website as well as other online unrestricted information including political opinions and ‘legal’ material.

The right to informational freedom will permit users to share legal information through social networking sites and other ICT tools while freely expressing themselves through online forums and blogs even if anonymously.

Users will also be able to decide and control how their digital personal information is used and shared using a new concept of digital informational self-determination and privacy.

The right to digital informational self-determination will allow individuals to decide what information about themselves should be communicated to others and under certain circumstances and will include ‘directly personally identifying information’ as well as indirectly personally identifying information’ including cookies and online behaviour.

The first section, Why?, recognises the Internet as a fundamental, unprecedented tool for the promotion and enjoyment of existing fundamental human rights and freedoms. This section provides definitions of the Internet, perceptions of the internet and Malta’s role on the international spectrum.

The second part entitled ‘What?’, provides a summary of the proposed digital rights such as accessibility to the internet and information as well as basic guiding principles for restrictions of such rights on the Internet.

The ‘Where?’ section of the White Paper recommends amendment of Chapter II of the Constitution of Malta to include a new Digital Rights Principle intended to act as an overarching guiding resolution and standard.

The White Paper introducing ‘Digital Rights’ in the Constitution of Malta can be accessed here.