Foreign Secretary's Response to the Open Letter

Thank you for your letter of 1 November about the Coalition Government’s policy on freedom of expression.

This Government rejects censorship and surveillance that undermines people’s rights to express themselves, organise or communicate freely. We are proud to stand up for freedom of expression and privacy. Britain will always be on the side of those aspiring to greater political and economic freedom anywhere in the world, whether this is on or off the internet.

In the UK, we are striving for a model for internet governance where governments, industry and users of the Internet work together. Our obligations under the Human Rights Act, underpinned by our international treaty obligations, are central. As you know, these protect freedom of expression, association and assembly from undue interference from the government or other public bodies. International human rights conventions rightly set very high thresholds for any action by the state to suppress or control the free flow of information. Any action we take will be in accordance with these obligations.

I would like to address some specific issues you raise.

We believe that parents should be provided with wide tools to enable them to voluntarily block harmful and inappropriate content. Active choice is the preferred approach, with parents given a choice as to whether or not to activate parental controls when switching on a new internet enabled device or connecting to a new internet connection for the first time. It is important to distinguish between government encouraging people to make more use of existing protections as a matter of choice, and the government deciding what people can and cannot do online. Our plans do not prevent access to legal material, but seek to make it much clearer that protections exist, and to encourage their use. The position of Claire Perry regarding the default filtering of adult content is not the position of this government.

You referred to the Prime Minister’s statement to Parliament earlier this year in the wake of recent disturbances [RIOTS] in the UK. Let me be clear. The Prime Minister did not suggest that social networks should be closed down. The government has not and is not seeking any new powers in this area. We recognise the enormous benefits that social networking brings, not least in the valuable part it played in helping citizens avoid trouble spots and in galvanizing community clean up efforts. Social networking itself was not the root cause of the disturbances, but, as our courts have recognised, did offer an enhanced means of communication to some individuals’ intent on inciting or facilitating widespread criminal behaviour. In light of this our law enforcement agencies, the network providers and social media organisations are looking at ways they can enhance co-operation to prevent the networks being used for criminal behaviour, in accordance with, and in order to uphold UK law.

Finally you raised concerns about powers of surveillance and access to personal information online. It is of course the responsibility of government to maintain capabilities to investigate crimes and to protect individuals where they are threatened by criminals, terrorism or foreign powers. The use of covert surveillance by the authorised government agencies, for example the acquisition of communications data and the interception of communications, is regulated by the Regulation of Investigatory Powers Act 2000 (RIPA). RIPA’s strict safeguards, including independent oversight, ensure that such surveillance is, and will continue to be, fully consistent with our obligations under the European Convention on Human Rights.

As I outlined at the London Conference on Cyberspace (LCC), the UK’s approach to the future of cyberspace has at its heart a simple proposition: behaviour that is unacceptable in the offline world is also unacceptable online. This emphatically includes the curtailing of human rights. Human rights are universal, and apply with equal force online as they do offline. The UK will continue to take a lead role in ensuing these principles are upheld.