CyberLaw Blog

Archive for the ‘Content Regulation’ Category

Organization for Security and Co-operation in Europe, The Representative on Freedom of the Media (November 2010): Preliminary Report: Study of legal provisions and practices related to freedom of expression, the free flow of information and media pluralism on the Internet in the OSCE participating States.

This preliminary report has been commissioned by the Office of the OSCE Representative on Freedom of the Media and prepared by Dr. Yaman Akdeniz, Associate Professor of Law, Faculty of Law, Istanbul Bilgi University, Turkey.

It presents the first stage of research into the first comprehensive study of legal provisions and practices related to freedom of expression, the free flow of information and media pluralism on the Internet in the OSCE participating States. This preliminary report was prepared in view of the OSCE review conference and OSCE Astana Summit 2010. The final study is expected to be concluded in January 2011 and will be published in both, English and Russian language.

Executive Summary
Today, many OSCE participating States are reacting to the availability and dissemination of certain types of (illegal or unwanted) content through the Internet by trying to regulate or control its dissemination. There is particularly major concern about the availability of terrorist propaganda, racist content, sexually explicit content including child pornography, as well as content defined as hate speech on the Internet.

This OSCE-wide Internet content regulation study involves a comprehensive overview of existing international legal provisions and standards relating to media freedom and freedom of expression on the Internet, and the study will assess whether and how these are incorporated into national legislation, and applied by the OSCE participating States.

Furthermore, the final study will assess the compliance of applicable national Internet legislation and practices with existing OSCE media freedom commitments, Article 10 of the European Convention on Human Rights (where applicable) and other relevant international standards (UN, CoE, etc.). For this purpose the study will involve the compilation of a comprehensive OSCE-wide legal matrix of all legal provisions related to freedom of the media, the free flow of information and media pluralism on the Internet. A survey questionnaire was prepared during the summer of 2010 and distributed to all OSCE participating States on 23 September 2010. Responses to the questionnaire were expected by 15 November, 2010. Depending on timely submissions, the study is expected to be concluded in January 2011.

This preliminary report aims to lay out the first findings of the OSCE Internet Regulation Study based 1) on the review and presentation of major international legal provisions related to the subject; 2) on the examination and assessment of the efficiency, the advantages and disadvantages of various international and national content regulation measures – particularly vis-à-vis fundamental rights of free expression and media freedom; and 3) by taking into account international as well as national academic and policy discussions on the matter. This report also includes preliminary conclusions which will be further developed based on the responses to be received from the OSCE participating States to the questionnaire.

This report argues that access-blocking measures show their inadequacy as an efficient and proportionate method to combat illegal Internet content, and raises concern about the possibility of using blocking measures or upstream filtering tools at state level to silence politically motivated speech on the Internet. The report shows that international organizations such as the Council of Europe and the European Union have recognized the inefficiency of blocking for fighting serious crimes. Furthermore, the report warns that blocking access to any Web 2.0 based applications and services such as YouTube, WordPress, Facebook, and Twitter, to mention a few, may have extreme side effects and strong implications on political expression.

Regarding the protection of children from accessing online content deemed to be harmful, the report states that participating States should encourage the application of end-user based filtering software on home computers, and in schools if their use is deemed necessary. However, the deployment of state level upstream filtering systems should be avoided at all costs.

In concluding, this preliminary report calls for the OSCE participating States to respect OSCE commitments and other international human rights principles when developing their Internet content related policies and regulations. The states’ response should be proportional, correspond to a “pressing social need”, and be in line with the requirements of democracy with regards to content based restrictions. Internet access should be regarded as a fundamental human right, and network neutrality should not only be respected but upheld by the OSCE participating States.

The Preliminary Report is available as a PDF file.

CN – Website porn tip-offs surge as China offers cash rewards to informers: “(Xinhua)
Tip-offs on Internet and mobile WAP sites containing pornographic contents have surged in China as authorities announced to give each qualified informer with up to 10,000 yuan (1,465 U.S. dollars) in reward. Since the announcement, the China Internet Illegal Information Reporting Center had received more than 13,000 online tip-offs and more than 500 phone calls, 10 times the usual daily number. The center, together with ministries and the National Office against Pornographic and Illegal Publication, issued a circular encouraging the public to report on websites and mobile WAPsites that contain obscene information or put on illegal advertisements of sex products. China has launched several rounds of crackdowns on online pornography. In mid-November, the crackdown was extended to WAP sites that can be accessed by mobile handsets.

“

(Via QuickLinks Update.)

CA – Canadian Human Rights Tribunal Rules Internet Hate Provision Unconstitutional: “(Michael Geist)
The Canadian Human Rights Tribunal has ruled that the Internet hate provision found in the Human Rights Act is unconstitutional. The Tribunal ruled that the restriction on speech imposed by the provision is not a reasonable limit under Section 1 of the Charter of Rights and Freedoms.

“

(Via QuickLinks Update.)

British users most likely to flag offensive material, says YouTube: “British YouTube users are amongst the most sensitive in the world, executives
at the site have claimed.”

(Via Tech and Web from Times Online.)

Britain’s digital future unveiled: broadband for all and a crackdown on internet pirates

Internet users who illegally share copyrighted material such as music and films face prosecution under government proposals which will require service providers to spy on surfers.

The communications minister Lord Stephen Carter also called yesterday for every home to have access to a broadband service by 2012, either through a mobile phone connection or phone line that is fast enough to watch the BBC iPlayer.

‘There is no sector with the possible exception of energy that the rest of the economy relies upon more than this one,’ Carter said as he published his interim Digital Britain report. ‘The digital economy is the driving force of much of what we do and probably even more of what we will go on to do.’

In its 22 proposals, Carter’s report spans the communications landscape from the future of digital radio and local newspapers to the possible merger of Channel 4 with the commercial arm of the BBC or a private company such as Channel Five.

It also recommends the creation of a rights agency, funded by the ISPs and the media industry, that would set out a strategy for defeating illegal internet file-sharers, including the use of technologies such as digital watermarking of copyrighted content.

Since last summer the ISPs have been sending out warning letters to persistent illegal file sharers under a pilot scheme brokered by the government, but ministers believe more needs to be done to stem the tide of internet piracy and protect creative industries. A recent study by the University of Hertfordshire showed that only 10% of young people are deterred from file-sharing by a fear of being caught.

Legislation will be introduced, after the summer, that will standardise the current notification process and force the ISPs to collect information about ’serious repeat offenders’. The companies will then be able to prosecute offenders in court.

The rights agency will decide what level of illegal activity is required before an internet user can be spied upon. Carter, who will thrash out the full details of the agency with the industry before producing his final report in June, has ruled out making sharing of copyrighted material a criminal offence.

‘I don’t think this is as undoable as people have suggested,’ he said of a crackdown on file-sharers. ‘I don’t think anyone thinks that you are ever going to get this to zero but the question is can you get it from an epidemic to manageable proportions.’

Last year a leaked letter from Lady Vadera, the business minister, made it clear that the notification process should help to ’significantly reduce’ illegal filesharing in two to three years. ‘I would regard a reduction as ’significant’ if it had reduced the number by well over 50%, and we hope in the region of 70%-80%,’ she wrote.

Carter’s report also makes it plain that a long-term solution also involves the creation of ‘innovative legitimate services to meet consumer demand’.

Feargal Sharkey, the former Undertones frontman who now leads industry body UK Music, welcomed the fact that Carter’s report ‘recognises the scale of the challenges faced by the music and other creative industries in regards to unlawful file sharing. However, we do not believe that the form of intervention proposed – suing consumers – is the best way forward’.

Carter’s plans for universal broadband at about 2Mb per second also came under attack as being too timid. ‘Given that the national average access speed is 3.6Mbps, isn’t the scale of the government’s ambitions pitifully low,’ said Jeremy Hunt, the shadow culture secretary.

Independent analysts were also surprised by Carter’s plans. ‘We were very surprised that the government is only advocating a broadband network speed of 2Mb per second by 2012,’ said Richard Heap, head of telecoms, at BDO Stoy Hayward. ‘Given that a number of other ISPs offer speeds of up to 50Mb per second, this is akin to a snail’s pace and lacks ambition.’

Carter, however, said that many of the 1.75m rural homes that do not have broadband may get it through new wireless networks rather than a traditional phone line and it is harder to set a minimum speed requirement because of the way mobile phone networks operate at peak times.

‘At the moment there is no universal service obligation for minimum broadband,’ he pointed out. ‘We are saying there should be.’

Main points

Broadband for all Carter wants high-speed internet access for every home, over a fixed-line network or wireless connection, by 2012. The minimum speed would be 2MB, enough to download a film overnight or watch the London Olympics on BBC i-player. Telecoms firms will be legally required to build and fund a broadband network, though they could receive some public money.

Piracy crackdown Illegal downloads cost the entertainment industry millions of pounds. New laws will force broadband suppliers to hand over their customers’ details to music and film companies, making it easier for them to sue persistent offenders.

Channel 4’s future A second public service broadcaster will be created with Channel 4 at its heart, possibly by merging it with parts of the BBC’s commercial arm, BBC Worldwide. It will be required to show local and international news, documentaries and films – but it is still not clear if it will receive public money.

Content Carter accepted the findings of the Bryon review, which said a ratings system based on age guidelines should be introduced to make it easier to police the internet. It could mean that internet giants such as YouTube would be required to carry warnings so parents can block access to unsuitable material.

Radio revolution Digital radio as a technology is struggling to grow, but Carter rejected calls to switch off the analogue signal to encourage take-up. The FM services which have national reach will run alongside new digital stations until digital covers 90% of the UK or accounts for 50% of all radio listening.

Local news Carter asked the Office of Fair Trading to look at whether ownership rules should change to allow regional press and commercial radio to merge. Economies of scale would help meet the cost of covering local news, which is highly valued by the public

(Via Latest news, sport, business, comment and reviews from the Guardian | guardian.co.uk.)

I am a confirmed speaker at the EU Fundamental Rights Agency’s first Fundamental Rights Conference entitled Freedom of expression, a cornerstone of democracy – listening and communicating in a diverse Europe. I will deliver a discussion paper entitled To Block or Not to Block: European Approaches to Content Regulation, and Implications for Freedom of Expression during the Working Group on Freedom of Expression and the Development of New Media. I am hoping to make that paper available before the Conference. [Yaman Akdeniz]

FRA Fundamental Rights Conference in Paris (France), 08-09 December 2008

The Fundamental Rights Agency is launching on 8-9 December 2008 its first Fundamental Rights Conference in Paris. The event examines key issues and challenges related to freedom of expression. Entitled ‘Freedom of expression, a cornerstone of democracy – listening and communicating in a diverse Europe’, the conference aims to contribute to policy and action within the European Union and to help shape the evolving space for communication among Europeans.

200-250 participants from the 27 Member States will attend the event – including representatives from the European Union institutions, international organisations, national governments, media, internet experts, civil society and human rights bodies.

The conference coincides with the 60th anniversary of the Universal Declaration of Human Rights and is organised in cooperation with the French Ministry of Justice as part of the programme of events under the French Presidency of the EU.

Freedom of expression

‘Without freedom of expression it is difficult to imagine the progress achieved in developing and scrutinising norms and standards which form the basis of our democratic society’, said FRA Director Morten Kjaerum ahead of the event. ‘The flipside is that this very freedom can be used as a pretext to stoke up hatred, incite hate crimes, support discriminatory practices which exclude members of our society and in effect undermine the freedom itself and democratic society. To me the challenge is to stimulate a vibrant discussion on how to protect people against abuses of freedom of expression and at the same time ensure that this freedom remains one of the pillars upon which our societies are built.’

The conference puts the stress on key challenges facing the Union in the field of fundamental rights. It will address freedom of expression in relation to hate speech and discrimination, the impact and development of new media and the internet, the debate around limits and challenges to freedom of expression, and its role to support social inclusion, cohesion and diversity.

Conference speakers include:

* Rachida Dati, Minister of Justice and Keeper of the Seals, France
* Jacques Barrot, Vice-President of the European Commission, Commissioner for Justice, Freedom and Security
* Florence Aubenas, journalist at Nouvel Observateur
* Anastasia Crickley, Chair of the Management Board of the European Union Agency for Fundamental Rights
* Janez Lenarèiè, Director of the OSCE Office for Democratic Institutions and Human Rights
* Andrew Puddephat, Director of Global Partners and Associates
* and many others.

The opening session on 8 December (9:30 – 11:00 a.m., Hotel Hilton, Avenue Suffren 18, Paris Cedex 15) and the closing plenary debate on 9 December (11:45 -13:00) are open to the media. A press conference will be held at the same venue on 8 December at 11:00 a.m., with French Minister of Justice Rachida Dati, Commission Vice-President Jacques Barrot, and the Agency’s Director Morten Kjaerum. For accreditation, please write to media@fra.europa.eu

YouTube pulls Columbine videos: “YouTube removes a selection of videos glorifying the Columbine school killers, following a BBC investigation.”

(Via BBC News.)

Web providers to be named and shamed over offensive content

Politicians are ready to introduce league tables naming and shaming the speed with which internet service providers take down offensive material.

The culture minister, Barbara Follett, and her Tory shadow, Ed Vaizey, have backed the idea that web providers must be embarrassed into dealing with violent, sexually explicit web content.

Follett said she wants to see the pre-screening of material on sites such as YouTube, as occurs at present on MySpace. She admitted there was growing chaos out there on the internet, and order needed to be brought.

She has also admitted barriers aimed at preventing children from accessing over-age material on the internet are not just porous but leak like a sieve. ‘People can get straight through it, or straight by it.’

Follett warned: ‘We must teach children of the dangers of the internet. It is sad to make children more scared than interested, but fortunately the internet is so interesting that children tend to overcome their fear.’

Discussing the internet and video games at a Westminster debate and facing suggestions that the industry is lax about controlling content, Follett said: ‘We agree information about take-down times and levels of search need to be much clearer.’ Asked if she supported league tables of take-down times by internet service providers, she said ‘name and shame can sometimes can work very well indeed.’

Follett said: ‘Many people have said that the internet is like the wild west in the gold rush and that sooner or later it will be regulated. What we need is for it to be regulated sooner rather than later.

‘We need the service providers to come forward and show that they are the sort of responsible organisations whose services we can trust to our children.’

She added: ‘We must ensure that search engines have a clear link to child safety information and safe search settings on the front page of their website.’

She also said she saw ’some value in some form of age identity card for the internet. It is useful when it comes to alcohol and cigarettes and it is certainly useful when it comes to buying video games and other material on the internet.’

She added parents needed ‘control software to communicate automatically with websites’ age verification systems to prevent children from signing up to sites with false dates of birth.’

In theory social networking sites are not supposed to be accessed by anyone under 13, but this guideline is totally ignored. She said she was interested in some form of ‘age identification card’, or requiring banks to specify on credit card statements that the card had been used to access internet sites or games, so parents could be warned of their child’s activities.

She also said she backed pre-screening of user-generated internet content saying she was glad this was being carried out by MySpace. ‘It is that kind of responsible action that we are looking for, as it means people can trust a company.’ Ministers and politicians have been locked in battle with Google, the owners of YouTube, who claim that there is too much material going onto its site for it to be pre-screened.

The proposal for a ‘take-down’ league table is backed by Vaizey. He said: ‘The government is in a position to put out the information, and it is up to the internet service providers to react to it. If they are happy to be 55th in a league table of take-down times so be it.’

Overall, Follett’s remarks suggest she will be more interventionist than some other ministers, although she has stressed she favours the internet and largely thinks self-regulation is best option.

She also insisted there was not yet compellingly persuasive evidence of a link between watching violent video games and subsequent acts of violence.

Ministers have just set up a new child internet safety council following the review conducted for the Department of Children, Schools and Families by Dr Tanya Byron, the psychologist.

(Via Latest news, sport, business, comment and reviews from the Guardian | guardian.co.uk.)

ISP boss pledges to undermine Great Aussie Firewall: “

Stupid plan is stupid

The Australian technology industry is starting to fight back against the government plan to force all ISPs to filter everyone’s internet access.…

“

(Via The Register – Public Sector.)

Good article.

Techdirt: Technology Moral Panics: But Think Of The Children!