Універсальний кодекс поведінки/Настанови з правозастосування/Порівняння

This page is a translated version of the page Universal Code of Conduct/Revised enforcement guidelines/Comparison and the translation is 1% complete.
Універсальний кодекс поведінки

The Universal Code of Conduct Enforcement Guidelines Revisions Committee has completed their updates to the Enforcement Guidelines. The revised guidelines will be voted on in a community ratification process from January 17 through January 31, 2023.

The committee collaborated to revise these draft guidelines based on input gathered from the community discussion period from May through July 2022, and community review in September and October 2022, as well as the community vote that concluded in March 2022.

The revisions are focused on the following areas:

  • To identify the type, purpose, and applicability of the UCoC training;
  • To simplify the language for more accessible translation and comprehension by non-experts;
  • To clarify the concept of affirmation of the UCoC
  • To review the balancing of the privacy of the accuser and the accused
  • To provide more detail on the Universal Code of Conduct Coordinating Committee (U4C) and its Building Committee
  • To clarify ambiguous phrases and terms

The Revisions Committee appreciates your time in reviewing and voting on this revised version.

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The UCoC applies to all online and offline Wikimedia spaces. Therefore, enforcing the UCoC is a shared responsibility. In line with the movement value of subsidiarity, this should be done at the most local level possible. The UCoC applies to all online and offline Wikimedia spaces. Therefore, enforcing the UCoC is a shared responsibility. In line with the movement principle of decentralisation, the UCoC should be enforced at the most relevant local level possible.

1.1 Translations of the UCoC Enforcement Guidelines

The original version of the UCoC Enforcement Guidelines is in English. It will be translated into various languages used on Wikimedia projects. If any difference arises in the meaning between the English version and a translation, decisions will be based on the English version.

1.1 Translations of the UCoC Enforcement Guidelines

The original version of the UCoC Enforcement Guidelines is in English. It will be translated into various languages used on Wikimedia projects. The Wikimedia Foundation will make their best effort to have accurate translations. If any difference arises in the meaning between the English version and a translation, decisions will be based on the English version.

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1.2 Review of the UCoC Enforcement Guidelines and UCoC

Based on the Board of Trustees’s recommendation, one year after the ratification of the Enforcement Guidelines, the Wikimedia Foundation will host a community consultation and review of the UCoC Enforcement Guidelines and UCoC.

2. Preventive work

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2.1 Notification and confirmation of the UCoC

Additionally, the following individuals need to confirm their adherence to the UCoC:

  • All Wikimedia Foundation staff, Board of Trustees members, Wikimedia affiliate board members and staff

2.1 Notification and confirmation of the UCoC

Additionally, the following individuals need to confirm their adherence to the UCoC:

  • All Wikimedia Foundation staff and contractors, Board of Trustees members, Wikimedia affiliate board members and staff;

2.1.1 Promoting UCoC awareness

In order to improve awareness, a link to the UCoC should be accessible on or at:

2.1.1 Promoting UCoC awareness

In order to improve awareness, a link to the UCoC will be accessible on or at:

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2.2 Recommendations for UCoC training

The U4C Building Committee, with support from the Wikimedia Foundation, should develop and implement training to provide a common understanding of the UCoC and skills for its implementation. Relevant stakeholders should be consulted in the development of training, including, but not limited to: Affiliates, the Affiliations Committee, Arbitration Committees, Stewards and other Advanced Rights Holders, T&S and legal, and others as it deems beneficial to providing a complete view of the UCoC.

2.2 Recommendations for UCoC training

The U4C Building Committee, with support from the Wikimedia Foundation, will develop and implement training to provide a common understanding of the UCoC and skills for its implementation. It is recommended that relevant stakeholders should be consulted in the development of training, including, but not limited to: Affiliates, the Affiliations Committee, Arbitration Committees, Stewards and other Advanced Rights Holders, T&S and legal, and others as it deems beneficial to providing a complete view of the UCoC.

The training will be set up in independent modules covering general information, identification of violations and support, and complex cases and appeals. After the first U4C is onboarded, they should maintain and update the training modules as needed. The training will be set up in independent modules covering general information, identification of violations and support, and complex cases and appeals. After the first U4C is onboarded, it will be responsible for maintaining and updating the training modules as needed.

Local communities and Wikimedia Affiliates who want to provide training at their community level will get financial support from the Wikimedia Foundation to implement training.

Training modules should be made available in different formats and on different platforms for easy access.

Participants who complete a module should have the option of having their completion publicly acknowledged.

Training modules will be available in different formats and on different platforms for easy access. Local communities and Wikimedia Affiliates who want to provide training at their community level will get financial support from the Wikimedia Foundation to implement training. This includes support for translations.

We recommend participants who complete a module should have the option of having their completion publicly acknowledged.

The following sets of trainings should be available:

Module A - Orientation (UCoC - General)

  • This module will help to ensure a common understanding of the UCoC and its implementation
  • It will explain concisely what the UCoC is and what kind of enforcement will be expected, as well as what tools are available to help report violations

Module B - Identification and Reporting (UCoC - Violations)

  • This module will give people the ability to identify UCoC violations, understand reporting processes and learn how to use reporting tools
  • It will detail the type of violation, how to identify reportable instances in their local context, how and where to make reports, and optimal handling of cases within UCoC processes
  • Where applicable, training will also focus on specific parts of the UCoC, such as harassment and abuses of power

Modules C - Complex cases, Appeals (UCoC - Multiple Violations, Appeals)

  • These modules are a prerequisite to joining the U4C, and are recommended for prospective U4C applicants and advanced rights holders
  • This module should cover two specific topics:
    • C1- Handling complex cases (UCoC - Multiple Violations): This will cover cross-wiki cases, long term harassment, identifying credibility of threats, effective and sensitive communication, and protecting the safety of victims and other vulnerable people
    • C2 - Handling appeals, closing cases (UCoC - Appeals): This will cover handling UCoC appeals
  • These modules will be instructor-led and tailored trainings, provided to U4C members and applicants, and community-elected functionaries who have signed the Access to Nonpublic Personal Data Policy
  • The materials for these instructor-led trainings, such as individual modules, slides, questions, etc., should be available publicly
The following sets of trainings are proposed:

Module A - Orientation (UCoC - General)

  • Help to ensure a common understanding of the UCoC and its implementation
  • Explain concisely what the UCoC is and its expected enforcement, as well as what tools are available to help report violations

Module B - Identification and Reporting (UCoC - Violations)

  • Give people the ability to identify UCoC violations, understand reporting processes and learn how to use reporting tools
  • Detail the type of violation, how to identify reportable instances in their local context, how and where to make reports, and optimal handling of cases within UCoC processes
  • Training will also focus on specific parts of the UCoC, such as harassment and abuses of power (as required)

Modules C - Complex cases, Appeals (UCoC - Multiple Violations, Appeals)

  • These modules are a prerequisite to joining the U4C, and are recommended for prospective U4C applicants and advanced rights holders
  • This module should cover two specific topics:
    • C1- Handling complex cases (UCoC - Multiple Violations): Cover cross-wiki cases, long term harassment, identifying credibility of threats, effective and sensitive communication, and protecting the safety of victims and other vulnerable people
    • C2 - Handling appeals, closing cases (UCoC - Appeals): Cover handling of UCoC appeals
  • These modules will be instructor-led and tailored trainings, provided to U4C members and applicants, and community-elected functionaries who have signed the Access to Nonpublic Personal Data Policy
  • When possible the materials for these instructor-led trainings, such as individual modules, slides, questions, etc., will be publicly available

3. Responsive work

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new line The following principles are standards for reporting systems across the Movement.
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3.1 Principles for filing and processing of UCoC violations

Reports:

  • Reporting of UCoC violations should be possible by the target of the violation, as well as by uninvolved third parties that observed the incident
  • Reports should be capable of covering UCoC violations, whether they happen online, offline, in a space hosted by a third party, or a mix of spaces
  • It should be possible for reports to be made publicly or with varying degrees of privacy
  • Credibility and verifiability of accusations should be investigated thoroughly to properly assess risk and legitimacy
  • Users who continually send bad faith or unjustified reports risk facing loss of reporting privileges
  • Accused individuals should have access to the particulars of the alleged violation made against them unless such access would risk danger or likely harm to the reporter or others’ safety
  • Resources for translation should be provided by the Wikimedia Foundation when reports are provided in languages that designated individuals do not speak

3.1 Principles for filing and processing of UCoC violations

Reports:

  • Reporting of UCoC violations should be possible by the target of the violation, as well as by uninvolved third parties that observed the incident
  • Reports shall be capable of covering UCoC violations, whether they happen online, offline, in a space hosted by a third party, or a mix of spaces
  • It must be possible for reports to be made publicly or with varying degrees of privacy
  • Credibility and verifiability of accusations will be investigated thoroughly to properly assess risk and legitimacy
  • Users who continually send bad faith or unjustified reports risk facing loss of reporting privileges
  • Accused individuals shall have access to the particulars of the alleged violation made against them unless such access would risk danger or likely harm to the reporter or others’ safety
  • Resources for translation must be provided by the Wikimedia Foundation when reports are provided in languages that designated individuals are not proficient
Guidance for processing violations:
  • The outcome of a case should be proportional to the severity of the violation
  • Cases should be judged in an informed way, which makes use of context, balanced against the principles of the UCoC
  • Cases should be resolved within a consistent time frame, with timely updates provided to participants if it is prolonged
Processing violations:
  • Outcomes shall be proportional to the severity of the violation
  • Cases shall be judged in an informed way, which makes use of context, in alignment with the principles of the UCoC
  • Cases shall be resolved within a consistent time frame, with timely updates provided to participants if it is prolonged
Transparency:
  • Provide a public archive of cases, while preserving privacy and security in non-public cases
  • Publish basic statistics about UCoC violations and reporting while honoring principles of minimal data collection and respect for community members’ privacy
Transparency:
  • Where possible, the group that processed the UCoC violation will provide a public archive of those cases, while preserving privacy and security in non-public cases
  • The Wikimedia Foundation will publish basic statistics about usage of the central reporting tool proposed in section 3.2, while honoring the principles of minimal data collection and respect for privacy.
    • Other groups that process UCoC violations are encouraged to provide basic statistics about UCoC violations and reporting as they are able, while honoring the principles of minimal data collection and respect for privacy.

3.1.1 Providing resources for processing cases

Enforcement of the UCoC by local governance structures should be supported in multiple ways.

3.1.1 Providing resources for processing cases

Enforcement of the UCoC by local governance structures will be supported in multiple ways.

3.1.2 Enforcement by type of violations

  • Violations involving litigation or legal threats
    • Cases should be quickly sent to the Wikimedia Foundation Legal team, or, when appropriate, other professionals who can appropriately evaluate the merit of the threats
  • Violations involving the nonconsensual disclosure of personally identifiable information
    • Generally handled by users with oversight or edit suppression permissions
    • Occasionally handled by Trust & Safety
    • If this kind of violation invokes a legal obligation, the case will be quickly sent to the Wikimedia Foundation Legal team or, when appropriate, other professionals who can appropriately evaluate the merits of the case
  • Violations related to affiliate governance
    • Handled by the Affiliations Committee
  • Systematic failure to follow the UCoC
    • Handled by U4C
    • Some examples of systematic failure include:
      • Lack of local capacity to enforce the UCoC
      • Consistent local decisions that conflict with the UCoC
      • Refusal to enforce the UCoC
      • Lack of resources or lack of will to address issues
  • On-wiki UCoC violations
    • UCoC violations that happen across multiple wikis: Handled by global sysops and stewards and the bodies that handle single-wiki UCoC violations or handled by the U4C;
    • UCoC violations that happen on a single wiki: Handled by individual Wikimedia projects according to their existing guidelines
      • Simple UCoC violations such as vandalism should be handled by existing enforcement structures through existing means, where they do not conflict with these guidelines
  • Violations in technical spaces
    • Handled by Technical Code of Conduct Committee

3.1.2 Enforcement by type of violations

  • Violations involving litigation or legal threats
    • Sent to the Wikimedia Foundation Legal team, or, when appropriate, other professionals who can appropriately evaluate the merit of the threats
  • Violations involving the nonconsensual disclosure of personally identifiable information
    • Generally handled by users with oversight or edit suppression permissions
    • Occasionally handled by Trust & Safety
    • Sent to the Wikimedia Foundation Legal team or, when appropriate, other professionals who can appropriately evaluate the merits of the case if this kind of violation invokes a legal obligation
  • Violations related to affiliate governance
    • Handled by the Affiliations Committee or equivalent body
  • Violations in technical spaces
    • Handled by Technical Code of Conduct Committee
  • Systemic failure to follow the UCoC
    • Handled by U4C
    • Some examples of systemic failure include:
      • Lack of local capacity to enforce the UCoC
      • Consistent local decisions that conflict with the UCoC
      • Refusal to enforce the UCoC
      • Lack of resources or lack of will to address issues
  • On-wiki UCoC violations
    • UCoC violations that happen across multiple wikis: Handled by global sysops and stewards and the bodies that handle single-wiki UCoC violations or handled by the U4C where they do not conflict with these guidelines
    • UCoC violations that happen on a single wiki: Handled by existing enforcement structures according to their existing guidelines, where they do not conflict with these guidelines
      • Simple UCoC violations such as vandalism should be handled by existing enforcement structures through existing means, where they do not conflict with these guidelines
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3.2 Recommendations for a reporting tool

A centralized reporting and processing tool for UCoC violations will be developed and maintained by the Wikimedia Foundation. It should be possible to make reports through MediaWiki with this tool.

3.2 Recommendations for a reporting tool

A centralized reporting and processing tool for UCoC violations will be developed and maintained by the Wikimedia Foundation. It will be possible to make reports through MediaWiki with this tool.

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3.3.1 Fairness in process

All parties should have the opportunity to give their perspective, but this may be limited to protect privacy and safety. Feedback from others can also be invited to help provide more information, perspective, and context.

3.3.1 Fairness in process

All parties will usually have the opportunity to give their perspective on the issues and evidence, and feedback from others can also be invited to help provide more information, perspective, and context. This may be limited to protect privacy and safety.

3.3.2 Transparency of process

The U4C, in line with its purpose and scope as defined in 4.1, should provide documentation on the effectiveness of UCoC enforcement actions and their relation to common violations throughout the movement.

Wikimedia projects and affiliates, when possible, should maintain pages outlining policies and enforcement mechanisms in line with the UCoC policy text.

3.3.2 Transparency of process

The U4C, in line with its purpose and scope as defined in 4.1, shall provide documentation on the effectiveness of UCoC enforcement actions and their relation to common violations throughout the movement.

Wikimedia projects and affiliates, when possible, shall maintain pages outlining policies and enforcement mechanisms in line with the UCoC policy text.

3.3.3 Appeals

An action taken by an individual advanced rights holder should be appealable to a local or shared enforcement structure other than the U4C.

Enforcement structures should set standards for accepting and considering appeals based on relevant contextual information and mitigating factors. These factors include, but are not limited to: verifiability of the accusations, the length and effect of the sanction, and whether there is a suspicion of abuse of power or other systemic issues.

Appeals are not possible against certain decisions made by the Wikimedia Foundation Legal department.

3.3.3 Appeals

An action taken by an individual advanced rights holder will be appealable to a local or shared enforcement structure other than the U4C.

Enforcement structures will set standards for accepting and considering appeals based on relevant contextual information and mitigating factors. These factors include, but are not limited to: verifiability of the accusations, the length and effect of the sanction, and whether there is a suspicion of abuse of power or other systemic issues, and the likelihood of further violations.

Appeals are not possible against certain decisions made by the Wikimedia Foundation Legal department. However, some Wikimedia Foundation office actions and decisions are reviewable by the Case Review Committee. The limitation, specifically on appeals from office actions and decisions, may not apply in some jurisdictions, if legal requirements differ.

4. UCoC Coordinating Committee (U4C)

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A new global committee called the Universal Code of Conduct Coordinating Committee (U4C) will be formed. This committee will be a co-equal body with other high-level decision making bodies (e.g. ArbComs and AffCom). Its purpose is to serve as final recourse in the case of systematic failures by local groups to enforce the UCoC. The U4C’s membership should be reflective of the global and diverse makeup of our global community.

A new global committee called the Universal Code of Conduct Coordinating Committee (U4C) will be formed. This committee will be a co-equal body with other high-level decision making bodies (e.g. ArbComs and AffCom). Its purpose is to serve as final recourse in the case of systemic failures by local groups to enforce the UCoC. The U4C’s membership shall be reflective of the global and diverse makeup of our global community.

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4.2 Selection, membership, and roles

Annual elections, organized by the global community with support from Foundation staff as necessary, will select voting members.

4.2 Selection, membership, and roles

Annual elections, organized by the global community, will select voting members.

The Wikimedia Foundation may appoint up to two non-voting members to the U4C and provide support staff as desired and appropriate. The Wikimedia Foundation may appoint up to two non-voting members to the U4C and will provide support staff as desired and appropriate.
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4.3 Procedures

The U4C will decide on how often it should convene and on other operating procedures.

4.3 Procedures

The U4C will decide on how often it will convene and on other operating procedures.

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4.5 U4C Building Committee

Following ratification of the UCoC enforcement guidelines, the Wikimedia Foundation will facilitate a Building Committee to:

  • Determine the procedures, policy, and precedent of the U4C
  • Draft the remainder of the U4C process
  • Designate any other logistics necessary to establish the U4C
  • Help facilitate the initial election procedures for the U4C

The Building Committee should consist of volunteer community members, affiliate staff or board members, and Wikimedia Foundation staff.

Members will be selected by the Vice President of Community Resilience and Sustainability of the Wikimedia Foundation. Volunteer members for the committee should be respected community members, prioritizing the following skills or traits:

  • experience in policy drafting
  • experience with the application of existing rules and policies on Wikimedia projects
  • experience in cooperating online
  • empathy
  • experience in collaborating in an international team
  • participatory decision making

They will be selected as much as possible to also represent the diversity of our movement including but not limited to:

  • Languages spoken
  • Geography
  • Gender
  • Age
  • Project size of their home wiki
  • Roles within the Wikimedia movement

As this committee is tasked with the practical application of these enforcement guidelines, its members should have extensive experience with, and reflect the diversity of, the movement’s enforcement processes.

4.5 U4C Building Committee

Following ratification of the UCoC enforcement guidelines, the Wikimedia Foundation will facilitate a Building Committee to:

  • Determine the procedures, policy, and use of precedent of the U4C
  • Draft the remainder of the U4C process
  • Designate any other logistics necessary to establish the U4C
  • Help facilitate the initial election procedures for the U4C

The Building Committee shall consist of volunteer community members, affiliate staff or board members, and Wikimedia Foundation staff.

Members will be selected by the Vice President of Community Resilience and Sustainability of the Wikimedia Foundation. Volunteer members for the committee should be respected community members.

Members shall reflect the diverse perspectives of the movement’s enforcement processes with experience in things such as, but not limited to: policy drafting, involvement in and awareness of the application of existing rules and policies on Wikimedia projects, and participatory decision making. Its members shall reflect the diversity of the movement, such as but not limited to: languages spoken, gender, age, geography, and project type.

5. Glossary

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Local
Referring to a single Wikimedia project. This term usually refers to the smallest, most immediate governing body applicable to the situation.
Local
Referring to a single Wikimedia project, affiliate, or organization. This term usually refers to the smallest, most immediate governing body applicable to the situation.
Systemic issue
An issue for which there is a pattern of failing to follow the Universal Code of Conduct with participation of several people, particularly those with advanced rights.
Systemic issue or failure
An issue for which there is a pattern of failing to follow the Universal Code of Conduct with participation of several people, particularly those with advanced rights.
new addition
Binding verbs
When drafting the Enforcement Guidelines, the drafting committee considered the words ‘create’, ‘develop’, ‘enforce’, ‘must’, ‘produce’, ‘shall’, and ‘will’ as binding. Compare this to recommendation verbs.
Case Review Committee
See definition on Meta.
Recommendation verbs
When drafting the Enforcement Guidelines, the drafting committee considered the words ‘encourage’, ‘may’, ‘propose’, ‘recommend’, and ‘should’ as recommendations. Compare this to binding verbs.
Staff
Employees of and/or staff members assigned to a Wikimedia movement organization or contractors of such a movement organization whose work requires interaction with Wikimedia community members or in Wikimedia movement spaces (including third-party spaces such as off-wiki platforms dedicated to Wikimedia movement activity).
Wikimedia Foundation Office Action Policy
The policy found on Meta or its equivalent successor policy.