International Approaches to Regulation of Internet-related Platforms (NOMS) Andrej Školkay Simona Lučkaničová Leonardo da Vinci Project : 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

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 : 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

confusion on what to include or consider as New Media - especially which NOMS should be regulated Leonardo da Vinci Project : 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

Jakubowicz = 3 ‘notions’ of media a)All media are new-media-to-be, b)Forms of media created by new actors c)Citizen journalism or user-generated content. Leonardo da Vinci Project : 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

CoE = 6 criteria NOMS should… 1)intent to act as media 2)gave the purpose and underlying objectives of media 3)be subject to editorial control; 4)have professional standards 5)seek outreach and dissemination 6)follow public expectations Leonardo da Vinci Project : 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

International norms and policy suggestions for the regulation of Internet-based NMSs Leonardo da Vinci Project : 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

International nature of the NOMS Council of Europe UNESCO OSCE Leonardo da Vinci Project : 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

EU’s Focus Leonardo da Vinci Project : 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

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) - "reflection on a Digital Single Market for Creative Content Online ( ) - the Directive for Audiovisual Media Services (Directive 2010/13/EU) Leonardo da Vinci Project : 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

EU The Digital Agenda for Europe (DAE) a consultation on 'The open internet and net neutrality in Europe', 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 Leonardo da Vinci Project : 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

the Report by EU High Level Group on Media Freedom and Pluralism, 2013 “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.”

International law Leonardo da Vinci Project : 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

No regulation Self- Regulation Co- Regulation Statutory Regulation Leonardo da Vinci Project : 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

No Regulation Leonardo da Vinci Project : 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

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 : 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

Especially strong resistance towards any form of NOMSs regulation Bulgaria Estonia Romania Leonardo da Vinci Project : 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

Self Regulation Leonardo da Vinci Project : 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

The professionals volunteer to monitor their own adherence to professional- ethical norms/standards Leonardo da Vinci Project : 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

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 : 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

No transnational body which would serve as self- regulatory body for journalists and the media. Leonardo da Vinci Project : 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

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 : 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

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 : 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

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 : 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

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

Co- Regulation Leonardo da Vinci Project : 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

A regulatory model where government and media industry work together to develop and enforce public goals Leonardo da Vinci Project : 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

CoE- Freedom of expression = of any type Leonardo da Vinci Project : 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

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 : 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

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 : 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

Statutory- Regulation Leonardo da Vinci Project : 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

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 : 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

Leonardo da Vinci Project : 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

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 : 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

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 : 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

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 : 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

UNESCO UNESCO calls for equal statutory rights for online journalists, where they operate to similar standards as journalists. Leonardo da Vinci Project : 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

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 : 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