Policy Issues for Digital Democracy

Tamcyn R C. Ubaldo

POLICY
ISSUES

DM 216 - Information Technology Management
Masters in Development Management
PSU-Urdaneta Graduate School

REPORT CONTENT
1.
2.
3.

4.

The Global Knowledge Partnership
Public Policies for Digital Democracy
APC Internet Right Charter
RA 8792

GKP
GLOBAL
KNOWLEDGE
PARTNERSHIP

INTRODUCTION


Group of Eight Industrialized Nations (G8) – acknowledge that
Information and Communications Technology (ICT) is one of the
most potent forces in shaping the twenty-first century.



‘Digital Divide’ – ever-widening gap between the world’s
information “haves” and “have-nots” hindering development
and growth.



Digital Opportunity Task Force (DOT Force) – was established to
integrate existing and future efforts into a broader international
approach.



Genoa Plan of Action – nine-point action plan as a result of
extensive global consultation. Amongst them was the Global
Knowledge Partnership (GKP) which is committed to sharing
information, experiences and resources through ICT to promote
access to, and effective use of knowledge and information as
tools of sustainable, equitable development.

GKP


Evolving “network of networks” comprising public, private,
non-profit organizations from developed and developing
countries.



The partnership is a result of the 1997 Global Knowledge
Conference in Canada hosted by the World Bank and the
Government of Canada. Followed by second conference in
Malaysia on 2000.



Envisioned a world of equal opportunities where all people
are able to use and access knowledge and information to
improve lives of the people.



Nine-member executive committee as the decision-making
body with 2-year term and first chaired by the Government
of Switzerland (Swiss Agency for Development and
Cooperation) while secretariat by Government of Malaysia
(National Information Technology Council)

GKP
Objectives and Areas of Activity include:


Facilitating advocacy and amplifying the voices of
stakeholders from the developing world in Global Policy
Dialogues on ICT development.



Providing services that enhance members’ individuals
and collective efficiency and effectiveness by operating
as a broker for knowledge, services, resources and
relationships.



Increasing the availability of information and knowledge
on ICT for development and empowerment, and
promoting regional exchange.

GKP


GKP saw the G8 interest in the issue of bridging the digital
divide as an implied promise of significant new resources
from the developed world, of realigned priorities from
donors, and of higher visibility for ICT applications
throughout the world, particularly in the developing
worlds.



GKP gave recommendations to the DOT Force stressing
the importance of focusing on concrete and immediate
action that would fill the gaps in their draft report
pertaining to outlining an optimal sequence of events to
achieve set goals and provide examples of successful ICT
projects in developing countries and would also yield the
most efficient and cost-effective possible solutions in
bridging the gap and eventually eliminate it.

GKP
RECOMMENDATIONS of GKP:
1.

Include Everyone in the Digital Revolution –
participation by the broadest possible segments of the
population has been regarded as the most basic
foundation for use of ICT in development.

2.

Building on Existing Local Resources – use of existing
resources is particularly cost-effective since developing
country resources are significantly cheaper than those in
developed countries as well as ensuring the depth and
persistence of changes.

3.

Focus on Key Sectors and learn for ICT Applications in
the Field – e.g. e-commerce, community access thru
multimedia centers or telecenters, education, health, and
e-governance.

GKP
1. Include Everyone in the Digital Revolution
(1)

Expansion of networks to reach undeserved
population


Women – a gender perspective must be built into
plans, policy and practice from preliminary
project design through implementation and
evaluation.

Center for Mayan Women Communicators in
Guatemala (CMWC) – functions to develop skills in
communication technology that enable women to
improve their media image, sell their products in
alternative market while keeping their traditional
crafts and artworks and providing additional income
for their families.

GKP
(1)

Expansion of networks to reach undeserved population


Rural residents – urban dwellers have the greatest
access to information technology in developing
countries yet the majority of the world’s people still
live in rural areas.

Swaminathan Research Foundation Community
Internet Centers – centers for farming villages in
Pondicherry, South India. Staff of the Center receive
farming queries from local residents, collect locally
relevant information from generic ICT networks and
transmit it to local farmers.


Youth – are among the more innovative users of ICT,
and in some countries, have made major
contributions to economic development.

GKP
(2) Ensure affordable access – is not to attempt to
install a particular model of access but to make
existing model and lessons widely available and to
work on supporting structures for community
access.










Resale of telecommunication services
Universal Service Funds
Public Access Points
Aggregated Demand
Advocacy
Miscellaneous
Targeted Subsidies
Competition and Bypass

GKP
(3) Promote Good Governance


Requires that the population be given both greater
access to policy dialogue and a chance to contribute
to it.



Major obstacles to bridging the digital divide in this
regard center on policy reform.



Ability of the media to operate freely is key to both
good governance and to a vibrant, internationally
accepted economy.

GKP
2. Build on Existing Local Resources
(1)

Local Human and Knowledge Capital



Generate Local Content – local material is often much
more relevant than those created and repackaged for
export in developed countries.



Exploit Local Technical Skills – abundant local talents in
developing countries that are highly skilled and some
require technical trainings.



Support Local Entrepreneurs – small and medium
enterprise sector are recognized as major source of
innovation and entrepreneurship.



Use Local Institutions – NGO and private sector have long
adopted the model of working closely with local partners
to accomplished shared goals thru networking activities
and for “virtual community building”.

GKP
2.

Build on Existing Local Resources

(2) Local Media
 Community radio – low-cost, easy to operate,
reaches all segments of the community in local
languages and can offer information,
education and entertainment as well as
platform for debate and cultural expression.
(3) The Diaspora
- GKP members work with
developing country nationals who have become
expatriates for economic or political reasons. With
improvements of communications they can now
participate more fully in the development of their
own countries.

GKP
3. Focus on Key Sectors and Learn from ICT Applications
in the Field
(1)

E-Commerce – focuses primarily on business-tobusiness transactions

(2) Community Access – development of community
multimedia center or telecenters to offer ordinary
people a gateway to the global knowledge society.

(3) Education – establish a pool of people with technical
skills to maintain hardware, encourage the creation and
experimentation of model applications, help
entrepreneurs to acquire business and management
skills, “seed” the market for access and developmentoriented applications thru training public sector users,
promote sharing of lessons learned in IT and
development and help maintain a focus on the
sustainability of services.

GKP
3. Focus on Key Sectors and Learn from ICT
Applications in the Field
(4)

Health – health sector is one of the earliest to
adopt ICT in its development.

(5)

E-Governance – electronic and online services in
government, especially in the areas of service
delivery, orientation and accountability. It can
increase the reach and impact of advocacy by
grass roots organizations and can give citizens a
greater role in making and monitoring policies.

GKP
RECOMMENDATIONS:
(1) Support an open and wide-ranging activities that
expand access to and use of ICT in developing countries
(2) Projects should mirror the structure of modern ICT
themselves
(3) Decision-making and resource allocation should be:


Collaborative
and
shared
among
donors,
governments, and all stakeholders, including
undeserved populations.



Project should demonstrate support and ownership
among participants and they should be demand
rather than supply-driven.

GKP
RECOMMENDATIONS (continuation):


Project should build on existing local resources
particularly local human and knowledge capital, local
media and the Diaspora



Key sectors should focus upon: e-commerce,
community access, education, health, and egovernance.



Projects should be reviewed and evaluated often.



Resource allocation should be results oriented.



Experimentation and innovative solutions should be
encouraged.

PPDD
PUBLIC
POLICIES FOR
DIGITAL
DEMOCRACY

PPDD


Idea of democracy implies a limitation of state’s powers
and evokes more of a bottom-up process which individuals
initiate action, than public intervention.



Development of information superhighways has illustrated
a shift in telecommunications policies and marked a
retreat of the state.



Internet – to where notion of digital democracy intimately
linked, may appear as inherently democratic medium
because of its structure and of the principles on which it
functions.



In order to open the way to a digital democracy, public
action is necessary. The marketplace is not always the best
mechanism to ensure the basic values, technological
changes are ambivalent and may lead to different kinds of
information society, more or less democratic. It will largely
depend on how ICTs are applied and how public
authorities are able to frame their usage.

PPDD
DIGITAL DEMOCRACY
A. Notion of Digital Democracy – exchange and free

movement of information in which people make the basic
decisions on crucial matters of public policy as the
ultimate decision- makers using those information to
make intelligent choices.
Democracy requires freedom of communication to serve
several purposes such as:
1.
2.
3.

Citizens to understand situations on which they have
to make decisions.
Deliberate function by allowing citizens to discuss
public issues.
Critical function on media being people’s watchdog
and ensure criticism and evaluation of the established
powers.

PPDD
Notion of Digital Democracy defined in different ways:


Encompassing all the uses of information and
communication technology (ICT) which might affect and
change the functioning of democracy such as the
fundamental operation of expressing opinions,
debating, voting, and making decisions.



In a normative perspective, digital democracy can be
defined as political system in which the use of ICT
ensures democratic values.



It can be used to correct failures or imperfections of
the current political system
It may also be understood as a new age of
democracy which will replace the representative
democracy and establish a form of direct democracy.

PPDD
B. The Case of Public Intervention – freedom of
communication has always been considered as key element
to democracy and has always been hampered by a number

of difficulties and biases:
1.

Freedom of communication depends on the financial
capacities of people that are not equally spread over
the society.

2.

Marketplace is often seen to be the best mechanism
but often leads to the dominance of information by
large corporations.

3.

Information needs to be placed in context.

4.

Information is never neutral as it embodies national
and social culture and the free flow of information may
lead to cultural domination or homogenization.

PPDD
Public intervention. Is linked to the fact that the
implementation of digital democracy will be dependent on the
political environment.
1.

It can lead to a surveillance society;

2.

To promote more active participation that could lead to
a strong democracy or a thin or weak democracy;

Public action is needed to develop digital democracy for two
major reasons:
1.

2.

To complement private action and promote applications
which are essential to democracy but might not be
provided by the marketplace
To ensure the respect of democratic values and avoid,
limit or fight against any practices detrimental to
democracy which can stem from commercial or political
interests alike.

PPDD
POLICY ISSUES RELATED TO DIGITAL DEMOCRACY
Crucial issues
democracy:

that

hinders

development

of

digital

1.

Access to infrastructure and to information services. If
some of the population are durably excluded, the
possibility of building digital democracy is jeopardized;

2.

Protection of Privacy. Harm of it might affect the
individual’s autonomy and acceptance of digital
democracy;

3.

Access to public information. It serves as a test to
evaluate the commitment of the state to establish digital
democracy. Public authorities process a large amount of
information, and often data associated with the exercise
of citizenship.

PPDD
1.

Equal access to Information Infrastructure


Access to internet is not equal and varies according to social
groups in a developed and developing countries.
Infrastructural, financial and cultural obstacles prevent large
amounts of people accessing the internet.



The cost of equipment and communications play a role. PCs are
still expensive and browsing the internet includes local
telecommunication costs.



Internet penetration is slowed down by cultural factors.
Browsing and processing information services remain to be
difficult for it requires basic skills and ability to deal with hypertext or to do keywords search.



Universal access to the information society would be a
question of time, not a public policy issue.



It is doubtful that the marketplace will overcome cultural
inequalities vis-a-vis information services.

PPDD
2. Protection of Privacy


Invasion of privacy – one of the major political issues
raised by the ICT development. It is contrary to the very
idea of democracy.



Perspective of digital democracy creates new risks to
anonymity and privacy.



Fear of having a surveillance society due to internet
makes it much more acute thru exposing personal
information and computers to data-mining.



Protection against privacy invasion can be left to selfregulation or to the marketplace. Some principles and
standards should be embodied in laws and regulations
and made mandatory. If not, risk that a market-driven
or self-regulation approach will ration the right to
privacy according to personal income or knowledge.

PPDD
3. Access to Information and Content Issues


Cannot be limited to technical or economic issues but should
also focus on the kind of information and content which is
necessary to promote digital citizenship.



Access to public data has often been restricted for reasons
such as political and the protection of intellectual property
rights (IPR). Meanwhile, development of Internet structurally
changing policies regarding access to public information in
many ways.



Distribution of public information materially much easier and
less costly. The concept of information society, introduce in
the political system new values such as transparency.

PPDD
3. Access to Information and Content Issues


Intellectual Property Rights (IPR) – recognized as a delicate
issue that involves conflicting interests between right owners
and users clash with each other and need to be reconciled in
order to endure smooth democratic activities.



The easiness of circumventing intellectual rights as the
content is digital and the capability to escape national laws
by taking advantage global nature of networks will
progressively free digital IPR. However, ‘trusted systems’
being developed would allow right owners to control access
to digital work automatically, selectively and efficiently.



Challenge to public authorities is to preserve a fair balance of
interests.

PPDD
POSSIBLE FORMS OF PUBLIC AUTHORITIES’ ACTION
ISSUES

REGULATION

SPONSORING

OPERATOR

Access to
infrastructure

Universal service
policies

 Plans to equip
schools
 Free access in
public places
 Subsidies to
equipment

 Local authorities
as IAP.
 Free access in
public places
(libraries, etc.)

Access to
Information

 Right of access
 Definition of
essential public
data

 Training,
education
 Communication
vouchers

 On-line provision
of public data
 Public kiosks

Freedom of
Expression

Constitutional
Laws

 Subsidies to
associations
 Training

 Free hosting
 Provision of
services aimed
at public
debate

PPDD
FORMS OF PUBLIC AUTHORITIES’ ACTION
ISSUES

REGULATION

SPONSORING

OPERATOR

Privacy

 Protection of
privacy codes
 Obligation of
consent

 Support to civil
liberties
associations

 Anonymizer

Content
Diversity

 Cross-ownership
restrictions
 Quotas

 Subsidies to
specific
information
providers

 Public service
providers
offering specific
contents

PPDD
CONCLUSIONS:


The way towards achieving an information society and
digital democracy will be a fully interactive process
wherein government, citizens, private companies, NGO’s
and media will channel change through acceptance,
refusal, reaction/innovations to new applications,
services and systems.



Government not to oppose market forces but to
accompany and compensate for market failures. They are
not to impose binding regulations but regulations to
balance conflicting interests and protecting public
interests.



Technology is a driving force but has to be channelled
through precise regulatory frameworks.

APC IRC
APC
INTERNET
RIGHTS
CHARTER
(4TH DRAFT, April 2001)

APC IRC
APC INTERNET RIGHTS CHARTER


Internet has become a powerful widespread communication
platform with the convergence of existing communication
media with new communication technologies.



Association for Progressive Communications (APC) aims to
ensure that rights of expression, communication,
association and protest on the Internet are protected in
practice, enshrined in national, regional and international
policies and implemented through awareness raising and
action.



APC focuses on Internet Rights as one of its three priority
action areas for 2000 to 2002. This charter was developed at
the APC Europe Internet Rights Workshop held in Prague on
February 18-21 2001.

APC IRC
APC INTERNET RIGHTS CHARTER
Themes and principles that express the APC’s views and goals
concerning the right of people and organizations to use the
Internet freely particularly in their work for social, economic
and environmental justice:
Theme 1: The Right to Communicate - includes the right to
access, inclusivity, gender equity, affordability of the service,
developmental impact, integration with media rights,
accessibility of public information and rights in the
workplace.
Theme 2: Freedom of Expression and Information Exchange
– everyone has the right to freedom of opinion and
expression. This includes freedom of expression, freedom
from censorship, and freedom to engage in public protest.

APC IRC
Theme 3: Diversity of content, ownership and control, and the
protection of user rights – this includes diversity of
content, linguistic accessibility, user rights, and
evaluation of social impact.
Theme 4: The Licensing and control of intellectual property – it
discuss the policy and regulation that govern public
access and dissemination of public information
need to discourage the use of proprietary software
and systems.
Also,
needs to adhere to
technological standards.
Theme 5: Privacy – is for data protection, freedom from
surveillance, right to use encryption, and accessible
recourse to public protest.

APC IRC
Theme 6: Global, regional and national governance of the
Internet – It concerns setting and implementing
technical standards, transparency, accessibility and
participation
Theme 7: Rights awareness and realisation of rights – this
involves public education to inform people of their
rights when using ICT and mechanisms to address
rights violation as well as recourse when rights are
violated.

RA 8792
ELECTRONIC
COMMERCE
ACT OF 2000

RA 8792


Known as the “Electronic Commerce Act of 2000”



An Act providing for the recognition and use of
electronic
commercial
and
non-commercial
transactions and documents, penalties for unlawful
use thereof and other purposes.



Enacted on the Eleventh Congress on year 2000 by
the Senate and House of the Representative.
Approved and signed by Pres. Joseph Ejercito
Estrada.

RA 8792
Declaration of the Policy:


The need to create an information-friendly environment
which supports and ensures the availability, diversity,
and affordability of ICT products and services;



Primary responsibility of private sector in contributing
investments and services in telecommunications and
information technology;



The need to develop, with appropriate training programs
and institutional policy changes, human resources for
the information technology age.

RA 8792
Declaration of the Policy (continuation):


To facilitate the transfer and promotion of
adaptation technology, ensure network security,
connectivity and neutrality of technology for
national benefit;



The need to marshall, organize and deploy national
information infrastructure, comprising both
telecommunications
network
and
strategic
information services.

RA 8792
ELECTRONIC COMMERCE IN GENERAL


Aims
to
facilitate
domestic
and
international
dealings/transactions, exchanges and storage of information
through the utilization of electronic, optical and similar
medium/mode of technology to recognize the authenticity and
reliability of electronic documents to promote the universal
use of electronic transaction in the government and general
public.



This act shall apply to any kind of data message and electronic
document used in the context of commercial and noncommercial activities.



Legal recognition of electronic writings (Document and Data
Messages including electronic signatures), its authentication,
evidential weight, and retention.

RA 8792


Communication of electronic data messages and electronic
documents to include:








Formation and validity of electronic contracts;
Recognition and attribution by each parties;
Error, agreement on acknowledgement receipt;
Time and place of dispatch and receipt; and
Choice of security method

Electronic Commerce in Specific Areas





Carriage of Goods – contracts of carriage of goods
Electronic Transactions in Government – government use of
electronic data messages, electronic documents and
signatures
RPWEB – to promote use of electronic documents and data
messages in government and general public.

RA 8792


DTI shall direct and supervise the promotion and development
of electronic commerce also empowered to promulgate rules
and regulations as well as provide quality standards or issue
certifications, installation of an online public information and
quality and price monitoring system for goods and services
aimed in protecting the interest of the consuming public

 Final Provisions

Sec. 30. Extent of Liability of a Service Provider – Except as otherwise
provided, no person or party shall be subject to any civil or criminal
liability in respect of the electronic data message or electronic
document for which the person or party acting as a service provider
(a) The obligations and liabilities of the party under the electronic
data message or electronic document.
(b) The making, publication, dissemination or distribution of such
materialor any statement made in such material, including
possible infringement of any right subsisting in on in relation to
such material.

RA 8792

SEC. 31. Lawful access and Obligation of Confidentiality – Access to an
electronic file shall only be authorized and enforced in favor of the
individual or entity having a legal right to the possession or the use of
the file and solely for the authorized purposes. The file shall not be
made available to any person or party without consent of the lawful
owner of that electronic key.
SEC 32. Obligation of Confidentiality – except for the purposes
authorized under this Act, any person who obtain access to any
electronic key shall not convey to or share the same with any other
person.

RA 8792

SEC. 33. Penalties – shall be penalized by fine and/or imprisonment:
(a) Hacking or cracking – refers to unauthorized access into or
interference in a computer system/server in order to corrupt,
alter, steal, or destroy w/o the knowledge and consent of the
owner shall be punished by a minimum fine of Php100,000 and
mandatory imprisonment of 6 months to 3 years.
(b)

Piracy – unauthorized copying, reproduction, dissemination,
distribution importation, use, removal, alteration, substitution,
modification, storage, uploading, downloading, making available
to the public that infringes intellectual property rights shall be
punished by a minimum of Php100,000, maximum
commensurate of the damage incurred and mandatory
imprisonment of 6 months to 3 years.

RA 8792

SEC. 33. Penalties – shall be penalized by fine and/or imprisonment:
(a) Violation of the Consumer Act of No. 7394 and other relevant or
pertinent laws through transactions covered by or using
electronic data messages or documents shall be penalized with
the same penalties as provided in those laws.
(b) Other violations of the provisions of this Act shall be penalized
with a maximum penalty of one million (1M) pesos or six (6)
years imprisonment.
SEC. 34. Implementing Rules and Regulation – The DTI, Department of
Budget and Management and the Bangko Sentral ng Pilipinas are
empowered to enforce this Act and issue IRR in coordination with
DOTC, NTC, NCC, NITC, COA and other concerned agencies and
private sector within 60 days after its approval.

RA 8792

SEC. 35. Oversight committee - composed of Trade and Industry,
Science and Technology, Finance, Appropriations of both Senate and
Congress which shall meet every quarter of the first 2 years and every
semester of the third year to oversee its implementation.

Policy Issues for Digital Democracy

Policy Issues for Digital Democracy

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