DRAFT 95/11/19 NCF Policy on Freedom of Expression Background ---------- The Canadian Charter of Rights and Freedoms says: "Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Fundamental Freedoms 2. Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media communication; (c) freedom of peaceful assembly; and (d) freedom of association." The United Nations Universal Declaration of Human Rights (Article 19) says: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers." Policy ------ The National Capital FreeNet (NCF) supports the Fundamental Freedoms listed in the Canadian Charter of Rights and Freedoms, and provides a medium for free, public expression of opinions and ideas, and a means for people to form associations. No user shall be restricted or denied access to NCF for expressing or receiving information that does not violate Canadian laws. Freedom of expression is limited by Canadian law. NCF users are responsible for the information and messages they post on the NCF system, and should be aware of Canadian laws that limit freedom of expression. The National Capital FreeNet cannot determine whether or not material posted on the NCF system is legal; however, NCF will cooperate with Canadian legal authorities to identify the person responsible for questionable material. NCF will only remove illegal material when directed to by Canadian legal authorities. Users who try to avoid their responsibilities by providing false identification will have their membership and access revoked. Community standards within NCF determine WHERE particular kinds of information should be posted. Separate areas have been set up for particular topics. Users should respect the rights and feelings of others when posting to particular topic areas. NCF may move or delete information that has been placed in an inappropriate area, if there are complaints from the community affected. There will always be at least one place on the NCF system that is appropriate for all legal expressions of ideas and opinions. Currently, that area is the newsgroup ncf.general. System limitations may prevent NCF from allowing some forms of expression. If certain information is overloading the NCF system because of its size, complexity or routing, it may have to be removed simply to prevent inconvenience to other users. Other policies deal with particular cases. Restrictions of Law ------------------- NCF cannot determine the legality of material posted on the NCF system. However, as a guide, users should be aware of the following areas: Defamation (libel): you shouldn't post words that defame a person so that they may be exposed to hatred, contempt, shunning or ridicule or to lower the esteem of the person in the eyes of reasonable members of society. Discrimination and hate messages: you shouldn't post words that are likely to expose people to hatred or contempt on the basis of a prohibited ground of discrimination: race, colour, religion, gender, age, physical disability. You shouldn't advocate genocide, incite violent hatred against an identifiable group, nor publish false news that could cause injury to public interest. Obscenity: you shouldn't post material containing undue exploitation of sex, nor material containing sex linked with violence or cruelty. Copyright: you shouldn't post material that is owned by another person, unless you have that person's permission.