The panel discussed a practical case study on Internet pharmacies that reflected key challenges posed by German Chancellor Angela Merkel on translating rules from the physical to digital realm.
There was broad support among panelists and the audience that consumers should be able to acquire safe and legally manufactured medicines online. Little progress has been made in harmonizing rules and standards to enable such access to safe and affordable medicines over the Internet; a norm-based approach based on the right to health was seen as more favorable than the current restrictive enforcement approach. Panelists also recognized a “hybrid regulatory regime” formulation that provides for intermediaries and pharmaceutical industry influence, largely outside the purview of Internet users.
Since adequate regulation of online pharmacies has been limited at a global scale, confusion persists on the difference between rogue medication markets vs. legitimate Internet pharmacies. This has impeded the ability to generate trust in this important sphere.
It was also argued that the debate of health online has a basis in broader human rights questions, while touching on core Internet governance themes such as jurisdiction, responding to content abuse, and online security.
Panelists also agreed that there is a need for cross-national and international institutional approaches to defining frameworks that reconcile jurisdictional limitations.
There was consensus that the multi-stakeholder approach presents opportunities to further the development of standards and best practices. Credentialing and accreditation of online pharmacies should be global in scope, unbiased and targeted at blocking rogue actors.
The role of intermediaries was also noted, with the “.pharmacy” gTLD holding the potential to ameliorate matters, as well as pilot Trusted Notifier programs aimed at appropriate rapid takedowns.
A significant variety of stakeholders agreed that a whitelist model has better potential to protect consumers, to remove rogues actors, than blacklists.