5.5 Labour law
The Internet has been changing the way in which we work. It has facilitated teleworking as
well as a higher level of temporary and short-term workers. The Internet has been a technical
infrastructure for the outsourcing of ICT and other services such as call centres and data
processing units. These developments pose a new challenge for traditional labour policies and
regulations.
Status of governance mechanisms for labour law
The policy processes in this field are in an early stage. The International Labour Organization
(ILO) produced the report: Life at Work in the Information Economy (2001). Given the major
problem of the use of temporary agency workers in the Internet sector, the most applicable
convention is ILO Convention 181 on Private Recruitment Agencies (1997) and
Supplementary Recommendation 188.
Labour law is most directly related to the following Internet policy issues: the Internet of
Things, child safety, privacy, disability rights, jurisdiction, intermediaries, access, the digital
divide, education, and multilingualism.
Possible gaps in dealing with labour law
There is a knowledge gap in available data and research on the impact of the Internet on
labour-related public policy issues.
5.6 Intermediaries
Intermediaries play a vital role in ensuring Internet functionality. ISPs are the key online
intermediaries who connect end-users to the Internet. They are often the most direct way for
governments to enforce legal rules on the Internet. This is why many states have started
concentrating their law enforcement efforts on ISPs. The increasing influence and role of the
intermediaries has led to debates about their liability and about related juridical challenges in
the cross-border Internet environment. One of the main issues is intermediary liability for
content created or transmitted by users or customers using an intermediary’s services.
Status of governance mechanisms for intermediaries
The role of intermediaries is mainly regulated at national level. However, there are a few
international mechanisms. Intermediary reliability is often discussed at the IGF. The OECD
includes the role of intermediaries among its 14 principles for Internet policy-making. There
are regional Internet service provider associations around the world. The European Court of
Justice focuses on the role of intermediaries in the Court Case of Delfi vs Estonia (10
October 2013).
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