International Approaches to Regulation of Internet-related Platforms (NOMS)

1. International Approaches to Regulation of Internet-related Platforms (NOMS) Andrej Školkay Simona Lučkaničová Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

2. Definition of New Online Media Services no scientific or EU-wide legal definition of NOMS or network media in general NOR any specific or exclusive regulation of all NOMS provided in any EU country Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

3. confusion on what to include or consider as New Media - especially which NOMS should be regulated Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

4. Jakubowicz = 3 ‘notions’ of media All media are new-media-to-be, Forms of media created by new actors Citizen journalism or user-generated content. Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

5. CoE = 6 criteriaNOMS should… intent to act as media gave the purpose and underlying objectives of media be subject to editorial control; have professional standards seek outreach and dissemination follow public expectations Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

6. International norms and policy suggestions for the regulation of Internet-based NMSs Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

7. International nature of the NOMS Council of Europe UNESCO OSCE Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

8. EU’s Focus Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

9. EU - the Communication on Illegal and Harmful Content on the Internet (1996) - the Green Paper on the Protection of Minors and Human Dignity in Audiovisual and Information Services (1996) - a public consultation on "Content Online" (2006) - policy paper on creative content online (2008) - "reflectionon a Digital Single Market for Creative Content Online (2009-2010) - the Directive for Audiovisual Media Services (Directive 2010/13/EU) Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

10. The Digital Agenda for Europe (DAE) a consultation on 'The open internet and net neutrality in Europe', 2011 2011 the Industry Committee of the EP unanimously adopted a Resolution on net neutrality EU Media Futures Forum Final report 2012 Public consultation on the changing media landscape and borderless internet in particular on market conditions, interoperability and infrastructure, and implications for EU rules in the summer of 2013 EU Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

11. “Currently, the existence of divergences between national rules can lead to distortions in the framework of cross‐border media activities, especially in the online world. It would be particularly important to adopt minimum harmonisation rules covering cross ‐ border media activities on areas such as libel laws or data protection.” the Report by EU High Level Group on Media Freedom and Pluralism, 2013

12. International law Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

13. No regulation Self- Regulation Co- Regulation Statutory Regulation Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

14. No Regulation Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

15. The Internet itself will almost always respond more quickly and effectively to threats or changes in the virtual landscape than a government can Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

16. Especially strong resistance towards any form of NOMSs regulation Bulgaria Estonia Romania Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

17. Self Regulation Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

18. The professionals volunteer to monitor their own adherence to professional-ethical norms/standards Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

19. Institutional self-regulation media owners and editors place strict internal regulations on NOMSs thus reduce the journalists’ autonomy result = anonymous/ pseudonym blogs Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

20. No transnational body which would serve as self-regulatory body for journalists and the media. Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

21. Self-regulation = weaker regulatory model The general conditions under which both self regulation and co-regulation can work well, are: • depth of concern for reputation among regulated businesses; • relevance of flexibility in regulatory detail; • the existence of sufficient bureaucratic capacity • autonomy on the part of non-governmental regulators; • the degree of transparency in regulatory process; • the seriousness of accountability they MUST BE MET cumulatively Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

22. Weaknesses of self-regulatory mechanisms • Sometimes they can be more restrictive than it is necessary for free discussion • Their enforcement is questionable even in traditional media • An ethical-professional self-regulatory model based on national norms can be difficult to use in other countries Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

23. Although self-regulatory actions of Internet Service Providers (ISPs) encouraged by governments are more flexible and less burdensome than statutory regulation, they commonly lack the procedural fairness and protection of fundamental rights that are encouraged by independent judicial and parliamentary scrutiny. Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

24. regulatory actions of ISPs (encouraged by governments) - more flexible and less burdensome than statutory regulation BUT- lack the procedural and protection of fundamental rights

25. Co- Regulation Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

26. A regulatory model where government and media industry work together to develop and enforce public goals Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

27. CoE- Freedom of expression = of any type Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

28. CoE suggested… The need to develop policy and regulatory frameworks for the new media Public authorities should not, through general blocking or filtering measures, deny access by the public to information Filtering by IPSs should therefore only take place if: a) it concerns specific and clearly identifiable content, B) a competent national authority has taken a decision on its illegality c) the decision can be reviewed by an independent and impartial tribunal or regulatory body Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

29. UNESCO UNESCO calls for co-regulation in the connection to access to content (ISPs): • intermediaries should only implement restrictions to these rights after judicial intervention; • are transparent to the user involved about measures taken, and where applicable to the wider public; • provide, if possible, forewarning to users before the implementation of restrictive measures; • minimize the impact of restrictions strictly to the content involved • there must be effective remedies for affected users, including the possibility of appeal through the procedures provided by the intermediary and by a competent judicial authority Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

30. Statutory- Regulation Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

31. Statutory regulation entails any type of regulation implemented by law. However, it is not the same as state regulation, which includes not only the law but the performance of regulatory activities by government bodies. Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

32. Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

33. ECtHR states … the right to receive information under Article 10 prohibits a government from restricting a person from receiving information that others may wish or may be willing to impart to him. the government has an obligation not to impede the flow of information, especially where the press’s ability to act as the “public watchdog” is at stake. Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

34. Case studies: Tarsaság a Szabadságjogokert v. Hungary Khurshid Mustafa and Tarzibachi v. Sweden In summary, the ECtHR requires open and free access to information, especially related to issues of public interest and governmental information, but also related to private cultural issues and entertainment Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

35. To sum up the ECtHR considers the impact of a medium and/or the information in question and leaves scope for cultural differences in morality. However, it remains an open question if a blog or online newspaper has less, or more, impact than traditional media. Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

36. UNESCO UNESCOcalls for equal statutory rights for online journalists, where they operate to similar standards as journalists. Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship

37. In conclusion content regulation must be more liberal with regard to NOMSs. While freedom to receive and disseminate information and opinion via NOMSs is influenced by the political, legal and cultural situation in a country, limitations must usually be less restrictive than in the field of the traditional media. So far only pan-European (ECtHR) guideline are in place for the many countries that have yet to adopt specific national regulation relating to NOMSs. Leonardo da Vinci Project 2012-2014: New Media Literacy for Media Professionals Partners: SKAMBA (SK), Media21Foundation (BG), FOPSIM (MT) and Videovest (RO). This presentation was prepared by SKAMBA and is free to use under condition of acknowledging autorship