http://www.sciencepub.net/newyork
7
International Legal Regulation Ensuring Information Security of Adolescents on Internet
Tashmuxamedova Dilorom Gafurjanovna
National university of uzbekistan named after Mirzo Ulugbek
Abstract
— In the article discribe international legal regulation ensuring information security of adolescents on
internet, definition of the role of virtual social networks in the life of youth, what kind of information resources young
people mainly use, what kind of information is needed, some aspects of the use of the internet and their socio-
psychological impact have been identified. Disclosure of the declared interests and needs of students in virtual social
networks, the functional role of online interactions in the life of schoolchildren, motivation for participation in virtual
social networks. And given recommendation to following measures be taken to timely resolve the issues of raising the
information culture of consumption and the goals of using ICT to young people, children.
[Tashmuxamedova Dilorom Gafurjanovna.
Tashmuxamedova D.G. International Legal Regulation Ensuring Inf
ormation Security of Adolescents on Internet .
N Y Sci J
2023; 16(9):7-13].ISSN 1554-0200 (print);ISSN2375-72
3X (online).
http://www.sciencepub.net/newyork
. 02
.doi:10.7537/marsnys160923.02.
Keywords: virtual social networks, information resources, young people, socio-psychological impact, ICT.
1.
Introduction
Kids are spending more time online now than ever
before. And they are also starting to use the network
earlier. Globally, every half a second some child enters
the Internet for the first time.
The fact that children use the Internet in the process
of growing up opens up limitless possibilities for them.
With the help of computers, smartphones, game consoles
and televisions, children learn, show imagination and
expand their social circle. When used correctly and
accessible to all, the Internet is able to expand horizons
and stimulate creativity around the world.
Today, one of the main directions in the state policy
of each state is to ensure the information security of the
population. And of course, the main group that is
exposed to harmful information are teenagers.
And to solve this problem, the main task is to create
an appropriate legislative framework that could
contribute to the effective protection of children from the
negative impact of information.
In this article we will consider international
regulations and legislation of foreign countries for the
subsequent creation of appropriate legislative norms in
the legislation of the Republic of Uzbekistan.
First of all, the generally recognized principles and
norms of international law on the permissibility of
restricting the dissemination of information in the
interests of security and public order, protection of health
and morals, reputation and the rights of others should be
attributed to the regulatory framework in this area. Such
norms include the European Convention for the
Protection of Human Rights and Fundamental Freedoms
(Article 10) and the Universal Declaration of Human
Rights (paragraph 2 of Article 29). These international
acts regulate the general direction, for a detailed study of
the issues, we will consider special international acts.
Resolution 1386 (XIV) of the UN General Assembly
adopted the Declaration of the Rights of the Child on
November 20, 1959, which enshrined the following
principles:
- the child should be provided with special protection
by law and other means and provided with opportunities
and favorable conditions that would allow him to
develop physically, mentally, morally, spiritually and
socially in a healthy and normal way and in conditions
of freedom and dignity;
- the child should be provided with a full opportunity
for games and entertainment that would be aimed at the
goals pursued by education; society and public
authorities should make efforts to promote the exercise
of this right;
- the child must be protected from all forms of
neglect, cruelty and exploitation;
- the child should be protected from practices that
may encourage racial, religious or any other form of
discrimination, he should be brought up in the spirit of
mutual understanding, tolerance, friendship between
peoples, peace and universal brotherhood, as well as in
full consciousness that his energy and abilities should be
devoted to serving for the benefit of other people.
Despite the fact that none of the listed provisions
contains a direct indication of measures to protect the
child from this or that type of harmful information, but
together these principles imply the development of
national legislation in this area.
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2. Methodology
In 1989, on November 20, the UN General
Assembly adopted the Convention on the Rights of the
Child, which Uzbekistan joined in 1992 on December 9.
Article 13 of the Convention proclaims the right of the
child to express his or her opinion freely, namely the
freedom to seek, receive and transmit information and
ideas of any kind, regardless of borders, in oral, written
or printed form, in the form of works of art or by other
means of the child's choice. This right is subject only to
those restrictions that are provided for by law and are
necessary to respect the rights and reputation of other
persons or to protect State security, or public order, or
the health or morals of the population.
In article 17 of the Convention, the participating
States recognized the important role of the media and
undertook to ensure the child's access to information and
materials from various national and international
sources, especially to such types of them that are aimed
at promoting social, spiritual and moral well-being, as
well as healthy physical and mental development of the
child.
Another act, on December 14, 1990, the United
Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines) were adopted by
General Assembly resolution 45/112. Paragraphs 40-44
of section IV "Processes of preparation for life in
society" are devoted to the protection of children from
harmful information.
The participating States have undertaken to
encourage the mass media:
1) provide young people with access to
information and materials from a wide variety of national
and international sources;
2) reflect the positive role of youth in society;
3) disseminate data on the availability of
appropriate services and opportunities for young people
in society;
4) minimize the display of materials related to
pornography, drugs and violence, and portray violence
and exploitation negatively, and especially avoid
showing children, women and personal relationships in
a degrading form and promote the principles of equality
(equally applies to television and cinematography).
The principles specified in this act proclaim that
the mass media should be aware of their huge public role
and responsibility, as well as the influence they
sometimes exert by spreading information about the
abuse of drugs and alcohol by young people.
In December 2009, at the 33rd plenary session
of the Interparliamentary Assembly of the CIS Member
States, a Model Law on the Protection of Children from
Information Harmful to their Health and Development
was adopted.
The peculiarity of the Model Law, which
distinguishes it from the legislation of many foreign
countries, including the one considered in this study, is
that its requirements apply to a very wide range of
information objects called information products: media
products; audiovisual works and phonograms (not only
films); not only electronic, but also desktop games;
computer programs; information distributed during
entertainment
events
and
in
information
and
telecommunication networks (including the Internet and
mobile radiotelephone networks).
Also, in 2021, the Committee on the Rights of
the Child adopted general comment No. 25 (2021) on the
rights of children in connection with the digital
environment to the Convention on the Rights of the
Child. The purpose of which is to explain how States
parties should implement the Convention in relation to
the digital environment, and provides guidance on
appropriate legislative, policy and other measures to
ensure full compliance with their obligations under the
Convention and its Optional Protocols in the light of
opportunities, risks and challenges associated with the
promotion,
compliance,
protection
and
the
implementation of all children's rights in the digital
environment.
Thus, the issues of protecting children from
harmful information are reflected in the norms of
international law. Based on the analysis, it can be noted
that
there
are
several
recommendations
for
implementation into national legislation :
1) the state is obliged to create such conditions
for the child, including informational ones, so that he can
develop physically, mentally, morally, spiritually and
socially;
2) the State is obliged to take measures to
minimize the display of humiliating, obscene, degrading
and discriminatory content to the child;
3) by its actions aimed at solving this task, the
State should not create obstacles to access to information
of adults and the free exchange of information on the
Internet between adults.
Further in this paper, we will study the
experience of legislative regulation of relations
regarding the provision of information security of
adolescents in foreign countries. One of the leading
countries regulating the safety of minors in the
information sphere is China. For example, in 1992, the
People's Republic of China developed the concept of the
"Great Chinese Firewall". These provisions were
enshrined in the Law on the Protection of Minors. Article
11 of the Law of the People's Republic of China on the
Protection of Minors of 1992, the task of
parents/guardians is to prevent harmful practices among
minors (under the age of 18), including Internet
addiction. Article 33 of the same Law also places the
responsibility on the State to ensure that young people
do not develop addictions to the Internet. At the same
time, the State undertakes to promote the development
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of technologies/services that serve this purpose and
"contribute to the healthy development of minors."
In coordination with the Government, the
Chinese Center for Complaints about Illegal Materials
on the Internet was established in June 2004. One of the
stated goals of the Center is to "protect society, in
particular minors, from the influence of illegal and
harmful information." In particular, the Center "is
mainly engaged in countering content harmful to the
healthy development of minors, such as indecent and
pornographic materials, games with elements of
violence, terrorism, complicity in the commission of
crimes, as well as content spreading racial hatred,
defamatory and offensive materials, materials that
violate the rights of others and intellectual property
rights" .
Since June 2021, amendments to the law "On
the Protection of Minors" have come into force in China.
According to them, Internet service providers should
implement means to limit the time spent on the Network.
According to the changes, children can do them from
20:00 to 21:00 on Friday, Saturday, Sunday and on
holidays. At the same time, gaming platforms are
required to check the user's real name and mobile phone
number when registering.
The most illustrative example is the experience
of Israel, which is a world leader in the field of
cybersecurity. As A.Bukalerova notes in her article,
Israel is a country with the largest investments in
cybersecurity in the world, a record number of startup
companies, an advanced cyber army and a progressive
education system, which has become an international
center of innovation and has taken a leading position in
the field of protecting the cyber environment of the state.
In Israeli schools, children learn to read, write
and code from the first grade. There are even
kindergartens in the country where they teach computer
work and robotics. Since the fourth grade, students have
been actively studying programming, and gifted high
school students are studying encryption technologies and
methods to combat black hacking. How deep the
knowledge of Israeli schoolchildren is can be judged by
their entertainment. Children play games under the terms
of which, for example, an imaginary computer network
has been hacked, and the children have 45 minutes to
find out an unknown computer code, regain control of
the network and hack the attacker's system to establish
his identity.
Israeli legislation in the field of information
security is quite extensive. In addition, this topic is
regulated by numerous by-laws, mainly the regulations
of the Ministry of Justice and the Rules approved by the
Government. A significant role is played by the Rules for
the Provision of Internet services, which are adopted by
non-governmental
organizations,
but
which
are
responsible for implementing policies in this area.
The following circumstance is of fundamental
importance for the purposes of this study: information
resources on the Internet are classified by Israeli judicial
practice as media sources, and they are subject to the
same regulatory legal acts that regulate the relations of
other media sources (newspapers, magazines, television,
radio).
In the USA, since 2009, reforms have been
aimed at teaching teenagers Internet literacy skills. The
Online Safety 3.0 project appeared, which began to
engage in research in this area. Currently, the Children's
Internet Protection Act is in effect in the United States,
which obliges schools and libraries receiving state
funding to use filters and other technical means to protect
children from inappropriate content.
In the USA, there is a voluntary system of
informing parents in order to help them determine the
suitability of individual films for children to watch.
The US Federal Law "On the Protection of
Children's Privacy on the Internet" of 1998 requires sites
to state their privacy policy and obtain verified parental
consent before collecting or using personal data (address,
phone number or social security number). Its purpose is
to protect the child from dangerous online behavior.
According to the norm, schools or libraries must filter or
prevent access to harmful or threatening materials for
children. This entitles them to receive discounts on
telecommunications services and access to the Network
through the universal Services program for schools and
libraries, also known as E-rate.
Also, the Law "On the Protection of Children
on the Internet" provides legal definitions of such
concepts as "protection technologies" and "harmful to
minors". In addition, in accordance with this law, public
schools and libraries must have technical means to
protect children from malicious information and
information on the Internet. If schools and libraries do
not have the technical means to protect children from
malicious information on the Internet, they will not
receive state funding for the new academic year.
In the UK, Internet service providers present
separate traffic with the "Clean Line" service. This
service operates with data from the Internet Watch
Foundation (IWF) to identify pages containing obscene
photos of children.
In the UK, special legislation has long been
adopted regulating the relationship in question. Among
them, the most interesting from the point of view of this
study are :
The Protection of Children Act 1978 prohibits
the production, distribution, display or possession of
indecent photographs depicting persons under the age of
18, including cases where adult persons depicting
children are photographed in the photographs.
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3. Realization of the concept
Obscene Publications Laws (The Obscene
Publications Acts 1959 and 1964). They forbid the
publication of work characterized as obscene, namely,
work that in itself as a whole and in its influence on the
viewer inclines him to debauchery and depravity (from
the point of view of morality). Such publications are
considered legitimate only if their preparation is
conditioned by scientific, educational and other goals
that are good for society.
Also, in the UK, from 2021, new rules for the
protection of children began to take effect, which will
affect social networks, streaming services and gaming
platforms. Last year, such platforms as YouTube,
Instagram and TikTok announced changes related to
children, the newspaper recalls. YouTube has decided to
disable automatic video playback and targeted
advertising for users under the age of 18, as well as to
introduce reminders for them to "take a break" and go to
bed. Instagram, in turn, banned adults from writing to
users under 18 who are not subscribed to them. TikTok
has stated that it will no longer send alerts to users 13-15
years old after 21:00. People aged 16-17 will not receive
notifications after 22:00.
The rules proposed by the British Information
Commissioner's Office (ICO) are aimed at restricting
companies from tracking the location of children and
using personalized content and advertising aimed at
them, or behavioral incentive methods such as automatic
video playback.
In Finland, teaching information security is
mandatory in schools, and parents, teachers and social
workers are provided with methodological materials for
teaching children, including online security. Telecom
operators and the State Communications Administration
are mainly responsible for information security. The
cooperation of these parties has led to results that have
been appreciated all over the world.
The Law on Child Protection No. 417 of 2007
(lastensuojelulaki) defines that every child living in
Finland has the right to care and a safe environment.
Every child has the right to a safe and secure childhood.
Child protection functions fall within the competence of
communes, whose social workers provide assistance to
children and parents in problematic situations. The State
tries to intervene in problematic situations at an early
stage, before they reach serious proportions, although the
involvement
of
the
child
protection
service
(Lastensuojelu) is always a last resort. Therefore, such
an appeal is preceded by state support, for example, at
school or in a consultation.
The Finnish Information Security Strategy
(hereinafter referred to as the Strategy) was developed in
2008. It is based on the understanding of cybersecurity
as an economic problem directly related to the formation
of the Finnish information society. Here, special
attention is paid to the need to ensure the security of
personal data for ordinary Internet users.
In connection with the introduction of free
Internet in schools, universities, libraries, the French
government has approved a law on the creation of special
government websites informing users about safe access
and acting as hotlines. The website "Protection of
children on the Internet" ("Protection de mineurs sur
Internet") was created so that users could signal to law
enforcement agencies about illegal content on Internet
sites or other online services (e-mail, chats, forums)
having a pornographic or pedophile nature.
The single supervisory div is the French
National Commission for Data Processing (Informatics)
and Civil Liberties – Commission Nationaledel'
Informatique et des Libertes (hereinafter – CNIL). CNIL
monitors the correct implementation of the laws, gives
an opinion on the legality of data processing
(authorization requests), sends appeals in case of
violation of the law and controls the entire process
related to the observance of personal information of
French citizens.
Discussion of results
The fundamental norms ensuring the safe use of
the Internet by minors are enshrined in the Spanish
Constitution of 1978. Thus, paragraph 4 of Article 39
states that "children enjoy the protection provided for in
international agreements concluded to protect their
rights." In accordance with paragraph 4 of Article 20 of
the Spanish Constitution, it provides for the possibility
of restricting the rights and freedoms of citizens "with
the right to honor, privacy, one's own name and the
protection of youth and children."
The normative legal act specifying and
regulating relations in the field of information security of
children in Spain is the Organic Law 1/1996 of January
15, 1996 "On the Legal protection of minors"
(hereinafter Law 1/1996). With regard to the Internet,
paragraph 2 of Article 5 of Law 1/1996 establishes that
parents, educators and public authorities must ensure
that the information received by minors complies with
constitutional principles. Paragraph 3 of art . 5 of Law
1/1996 obliges the competent authorities of the country
to ensure that information published in the media
intended for a minor audience does not harm children, in
particular does not contain scenes of violence,
humiliation of human dignity, discrimination, etc.
Spain is a party to a number of international
agreements concerning the protection of the rights of
minors, among which the most significant are: the UN
Convention on the Rights of the Child of November 20,
1989; the Optional Protocol on the sale of children, child
prostitution and child pornography of September 6, 2000;
the Council of Europe Convention on Computer Crimes
of November 21, 2001 (all these The documents have
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been ratified by Spain), etc. At the same time, the
relevant EU norms have been incorporated into national
legislation.
Also in Spain there are non-governmental
organizations engaged in the development of software
for filtering, tracking and subsequent blocking of
malicious information.
The European Union is now updating the old
digital rules . In 2018, the EU revised the directive on
audiovisual media services – measures were introduced
to protect children from video content that "may harm
their physical, mental or moral development."
The draft resolution of the European Parliament
and the Council on the single market of digital services
(the Law on Digital Services) provides for the
obligations of online platforms to eliminate risks for
minors. "The law is aimed at adoption by companies
(international Internet corporations. – Approx. RSpectr.)
measures to protect consumers and the use of effective
mechanisms to identify unwanted content," the experts
explain. But so far, it is difficult for the EU member
states to agree on which information is malicious, but
legitimate, because of the historical and cultural
differences of the countries.
When studying the experience of Georgia, it is
possible to note some norms of legislation, especially the
norms specified in the Code on the Rights of the Child.
One of the important points is the fact that the legislation
on the regulation of the rights of the child is systematized
into a separate Code. According to: According to article
53, a child has the right to protection from physical and
mental violence, harassment, coercion, trauma, neglect,
torture, exploitation, trafficking in minors (trafficking in
persons) and any other forms of violence in any family,
school and other places, including the Internet space.
And also, there are some restrictions in this law, for
example, the prohibition of children from 22:00 to 8:00
in an Internet salon or cafe unaccompanied by a parent
or legal representative, as well as if the Internet salon or
cafe does not provide restrictions on children's access to
pornographic or other information that has harmful the
access of children to these institutions is completely
prohibited (article 66).
This Code regulates all issues of children's
interaction with the Internet. For example, it has been
established that children can use the Internet in
educational
institutions,
libraries
or
specialized
children's institutions if these institutions are equipped
with appropriate technical means (filters) to restrict
(block) information that poses a danger to children. And
also, it is the responsibility of the Internet provider to
develop mechanisms to block the child's access to
dangerous information at the request of the user (Part 9
of Article 66).
In particular, this law states that the posting of
information dangerous to children on the Internet is
regulated by a legal document issued by the National
Communications Commission of Georgia.
Another experience of foreign countries is the
experience of Rwanda. Rwanda has a young population.
Children, defined as persons under the age of eighteen,
make up almost half of the population. Rwanda is
actively seeking to improve access to the Internet and
digital technologies, to use smart technologies on a city
scale, as well as to transfer government, banking and
commercial operations and the provision of other
services to digital platforms. At the time of policy
development, 52.8% of the Rwandan population is
online, which is 25% more than in previous years. The
Online Child Protection Policy anticipates the time when
all children in Rwanda will be connected to the Internet
and embodies the need to ensure their empowerment,
protection and promotion of their rights in the digital
environment in all sectors.
Institutionalization in the field of child
protection in the online environment is, for example, the
presence of a special div responsible for children (the
National Commission for Children), National Child
Protection Instruments, such as the National Child
Protection Policy, the Comprehensive Child Rights
Policy, the Early Childhood Development Policy of
Rwanda, the National Policy on Child Labor. Other
initiatives related to Rwanda's own capabilities include
the existence of a National Cybersecurity Incident
Response Team, a digital Forensics laboratory, a free call
to the police, laws facilitating the prosecution of
cybercrimes, including advertising of child sexual abuse
materials (CSAM), awareness campaigns and programs,
a
community
policing
program,
International
cooperation initiatives (e.g. with Interpol and other law
enforcement agencies; signing of coordinated global
actions to establish partnerships with industry to combat
sexual abuse on the Internet).
One of the main documents that establishes the
basic principles of work in this area is the Policy for the
Protection of Children in the Online Environment (ZDO)
of Rwanda. The document sets out policy areas and
measures for each of them. The policy is aimed at
regulating institutional capabilities, improving and
reforming legislation, the response system, technical
control, education and public awareness, research and
development in this area and also international
cooperation.
The Health Policy establishes
separate
measures for each of these areas to achieve the protection
of children in the online environment.
For example, in the field of reforming
legislation :
- implement data protection rules that ensure
proper protection of children's data, their collection only
when necessary with a high level of security and care;
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-
strengthening
criminal
investigations,
prosecution and sentencing for child sexual abuse on the
Internet;
- To define and ratify international treaties and
protocols related to health.
Or in the field of education and public
awareness:
- creation of health leaders and clubs in schools;
- contribute to the development of edutainment
(education + entertainment);
Promote the development of digital content that
is entertaining, but at the same time educational. This
will focus mainly on supporting content creation,
including peer-to-peer programs designed to teach
through entertainment such as games and puzzles that
help children develop digital skills and empower
children.
- conducting trainings on health;
- develop a public awareness program.
Awareness-raising strategies will allow the
preparation of materials explaining the principles of PLJ
and actions that can be taken to reduce harm, report
offenses and receive compensation. This information
will be presented in a simplified form on the web page
of the Ministry of ICT and Innovation. Targeted
messages and materials will take into account the special
needs of parents and children, paying special attention to
the youngest and most vulnerable children, including
children with learning disabilities. Peer-to—peer
learning is a valuable strategy for children of all ages,
allowing them to learn their rights and responsibilities
online. This public messaging program can help children
and adults understand issues and make wise choices
about their online interactions, but is not a substitute for
formal education, professional training, security design,
or corporate responsibility.
In the field of institutionalization:
- Publish a guide on definitions and languages:
The Ministry of ICT and Innovation will publish a
complete list of definitions and formulations reflecting
the definitions used in international agreements;
- Establish a national advisory committee of
practicing communities;
- To create a network of supporters of ZDO in
all areas, including civil society organizations, Internet
service providers, academia and religious organizations.
In general, this policy covers all areas of
assistance for the protection of children in the online
environment, which makes it possible for states to apply
this policy to reform their country's policy in this
direction.
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