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Safer Internet Forum “Child Safety and Mobile Phones” 14 June 2005 Luxembourg

Alexander Scheuer Safer Internet Forum “Child Safety and Mobile Phones” 14 June 2005 Luxembourg Institut für Europäisches Medienrecht Institut du Droit Européen des Médias Institute of European Media Law Saarbrücken / Brüssel Child Safety and Mobile Phones Alexander Scheuer Agenda

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Safer Internet Forum “Child Safety and Mobile Phones” 14 June 2005 Luxembourg

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  1. Alexander Scheuer Safer Internet Forum “Child Safety and Mobile Phones” 14 June 2005 Luxembourg Institut für Europäisches MedienrechtInstitut du Droit Européen des MédiasInstitute of European Media LawSaarbrücken / Brüssel

  2. Child Safety and Mobile Phones Alexander Scheuer Agenda 1. Legal background 2. Approaches towards regulating content on/via mobiles 3. Aims and principles of co-regulation 4. Some examples Preliminary remarks • Protection of minors - here: against harmful content • content vs. ‘marketing’ • harmful vs. illegal • Focus on ‘(audio-)visual’ content (incl. websites), not on games, etc. Safer Internet Forum “Child Safety and Mobile Phones” 14 June 2005 Luxembourg

  3. Child Safety and Mobile Phones Alexander Scheuer 1. Legal background 1.1 EC level • Transport of signals considered as “electronic communications service” • Infrastructure available for delivery to mobile devices are “electronic communications networks” • Content issues not dealt with under Communications Package of 2002 • TwF Directive applicable? - similar considerations as for web-casting/streaming of TV programmes • Otherwise: information society service (eCommerce Directive) or else (eg radio - unregulated) • Recommendation 98/560/EC and 2005/... (?) 1.2 National level • Generally, no specific legislation in place • Either existing legislation for converging media, or traditional approaches (broadcasting vs press vs internet), or horizontally applicable legislation Safer Internet Forum “Child Safety and Mobile Phones” 14 June 2005 Luxembourg

  4. Child Safety and Mobile Phones Alexander Scheuer 2. Approaches towards regulating content on/via mobiles 2.1 Content on/for mobiles Arguments: • Technologically neutral approach: content matters! • Not comparable to TV: technology matters! • Most similar to Internet: mode of usage matters! 2.2 Content via mobiles Arguments: • Regulation as for the webpages should apply • Division of Responsibility: - Internet service provider or mobile operator? - content service provider? - intermediaries? - Parents? 2.3 Regulating at all? • To date little/no activity by the state • Industry-action on voluntary (?) basis dominant Safer Internet Forum “Child Safety and Mobile Phones” 14 June 2005 Luxembourg

  5. Child Safety and Mobile Phones Alexander Scheuer 3. Aims and principles of co-regulation 3.1 Aims • Safeguarding public policy objectives • Finding the right balance between state legislation/regulation and responsibility of providers • More flexibility, taking advantage of skills within the industry (and other stakeholders) 3.2 Principles • State sets (general) legal framework • State maintains “fallback” competencies • Non-state bodies have some/sufficient room for manoeuvre, in particular through adopting rules, handling cases and (possibly) applying sanctions (effective enforcement) • Non-state bodies are recognised by industry 3.3 Research Ongoing study “Co-regulatory measures in the media” by HBI and EMR for DG Information Society and Media • Interim Report published (europa .../comm/avpolicy) • 2nd Workshop in autumn/winter 2005: presentation of Draft Final Report Safer Internet Forum “Child Safety and Mobile Phones” 14 June 2005 Luxembourg

  6. Child Safety and Mobile Phones Alexander Scheuer 3. Aims and principles of co-regulation (cont.) 3.4. Protection of Minors and Mobile Media • General: • Building on existing tools • ‘Trans-control’ • Specific: • Rating • Content description/Labeling • Technical protective measures • Watershed ? • Enhancing parental control Safer Internet Forum “Child Safety and Mobile Phones” 14 June 2005 Luxembourg

  7. Child Safety and Mobile Phones Alexander Scheuer 4. Some examples 4.1 Italy • Code of conduct for the offer of surcharged services and the protection of minors • Assisted by AGCOM deliberation: duty to provide information to customers 4.2 UK • IMCB - Mobile Classification Body • UK Code of Practice for self-regulation of new forms of content on mobiles • Specific content on/for mobile devices: classification • Content accessed via mobiles: provision of filtering 4.3 Ireland • Registration of 3G mobile phones • Content labeling and filtering Safer Internet Forum “Child Safety and Mobile Phones” 14 June 2005 Luxembourg

  8. Child Safety and Mobile Phones Alexander Scheuer Conclusion • Protection of minors necessary, also for European and national (constitutional) law reasons: positive obligation for the EC/member states • New environment • for broadcasters/content service providers because of ia different business models • for mobile operators due to traditionally different experiences with regulation • for the different players when interaction is needed • for regulators (both state and non-state) in view of new challenges • for all in terms of cooperation on different national and international levels • Strive to find the right ‘mix’ of ensuring compliance with public policy objectives and the necessary degree of regulation in order to achieve a level playing field and to enable a healthy growth of new services! Safer Internet Forum “Child Safety and Mobile Phones” 14 June 2005 Luxembourg

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