Are electronic signatures legal under European Human Rights Law?

In a speech I made for the Association of Speakers Clubs Online Speech Competition I made the case for introducing electronic signatures for verifying people’s identity when they post to online communities such as bulletin boards.

Some may say that if it is a human right to use the Internet and assemble online through bulletin boards for instance, it must be against human rights laws for the government to introduce restrictions on posting to them.

With regard to freedom of expression the European Convention on Human Rights says the exercise of such a freedom, ‘carries with it duties and responsibilities’ and ‘may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary’.

So it may be the case that if a government introduced a requirement for all users of online communities to verify their identity and sign their posts electronically in the name of preventing crime such as identity theft, and civil wrongs, such as defamation, then it may be permissible under European Human Rights Law for them to do it.

One comment

  1. Sang Defalco says:

    Man oh man – you really opened up my eyes! Are electronic signatures legal under European Human Rights Law? Jonathan Bishop Online Community and E-Learning Expert was a wonderful read. The Internet has so much information, I get so caught up in so many different directions, it so hard to figure it all out. Thanks again for the post!

Leave a Reply

Your email address will not be published. Required fields are marked *

*


six − = two