1. Public Affairs Update (Part 1)
Malcolm Hutty
LINX103 – 19th Nov 2018

2. Ofcom addresses harmful online content
“Regulation has responded to the need to protect people from harm – first in broadcast media, and now increasingly online”
“Our regulation balances people’s evolving needs and expectations of protection with their rights freely to share and receive ideas and information”
“There may be merit in regulation that focuses on the effectiveness and timeliness with which platforms take action to address harmful content”
LINX103 – 19th Nov 2018

3. High-level principles for online regulation
Protection and assurance
“A key principle of broadcasting regulation that could have wider application is the achievement of appropriate levels of protection and assurance against harmful content and conduct”
Upholding freedom of expression
“Our experience in regulating broadcasting shows that while balancing audience protection and freedom of expression is not straightforward, it can be done in a way that is transparent, principles based and fair”
LINX103 – 19th Nov 2018

4. High-level principles for online regulation
Adaptability over time
“What has worked in a broadcasting context is having a set of objectives laid down by Parliament in statute, underpinned by detailed regulatory guidance designed to evolve over time”
Transparency
“In broadcasting, transparency is greatly facilitated by the fact that, as a matter of law, broadcasters and on-demand providers must respond to requests for information from a regulator”
LINX103 – 19th Nov 2018

5. High-level principles for online regulation
Enforcement
“Effective enforcement could be achieved through meaningful financial penalties – for example the GDPR allows for penalties of up to 4% of global turnover (or €20m if greater) for the most serious breaches – or by directing a service to introduce new protections for users”
Independence
“Independent governance and decision-making within the broadcasting regime has helped build credibility and public trust”
LINX103 – 19th Nov 2018

6. Online standards objectives
“Our research suggests a number of priorities for online standards setting:”
Protection of minors
Report: “37% of internet users are concerned about children seeing unsuitable content online”
Small print: only 15% unprompted
Illegal content
Report: “37% are concerned about the promotion of terrorism online”
Small print: only 12% unprompted
LINX103 – 19th Nov 2018

7. Online standards objectives
Harmful content
Report: “More than one in four (27%) are concerned about violent content or harmful and dangerous content”
Small print: only 9% unprompted
Illegal or harmful interactions
Report: “Nearly two in five internet users (39%) are concerned about bullying, harassment or trolling online”
Small print: only 15% unprompted
LINX103 – 19th Nov 2018

8. E-evidence Protection for SMEs?
Trustworthiness of all 27/28 legal systems?
No requirement for double criminality; significant variance in what qualifies
Six-hour turnaround requires 24/7 NOC
Poorly defined categories
Metadata both transaction and access
Verification / authentication
LINX103 – 19th Nov 2018

9. Regulation on Terrorist Content Online
Includes “notice and stay down”
Refers to “proactive measures”
“Duty of care”
LINX103 – 19th Nov 2018

10. European Parliament approves Copyright Directive
Now goes into “Trialogue”
Article 11: “Press publication right” a.k.a. “link tax”
Article 13: ”Use of protected content by information society services”
a.k.a. “meme ban”
Makes platforms a “communication to the public”
LINX103 – 19th Nov 2018

11. Article 11: the “link tax”
Press publications “may obtain fair and proportionate remuneration for the digital use of their press publications by information society service providers”
Platforms won’t have to pay if they’re sharing “mere hyperlinks which are accompanied by individual words”
Exemption for “legitimate private and non-commercial use of press publications by individual users”
LINX103 – 19th Nov 2018

12. Article 13: the “meme ban”
Makes platforms responsible for “best efforts” to prevent infringement
Removes E-Commerce Directive hosting provider protection
“Online content sharing service providers and right holders shall cooperate in good faith in order to ensure that unauthorised protected works or other subject matter are not available on their services” 
Reference to “proportionate content recognition technologies” in earlier version has been removed
New exception says “special account shall be taken of fundamental rights, the use of exceptions and limitations as well as ensuring that the burden on SMEs remains appropriate and that automated blocking of content is avoided”
LINX103 – 19th Nov 2018

13. ICANN Independent Review Process
Key question over deadline for filing complaints
Core issue is when clock starts on deadline
Either when someone suffers harm
Or when ICANN Board takes action
If not based on date of harm, deadline may have expired before anyone gets chance to bring complaint
E.g. when implementation is delayed
Letter from gNSO constituencies (BC, IPC, ISPCP, NCSG) to Board objecting to premature cut-off
Board imposed cut-off on “interim” basis

14. Average Score (1= Poor 10=Outstanding)
Overall, how satisfied are you with the approach LINX takes to Public Affairs?
Average Score (1= Poor 10=Outstanding)
LINX Membership Survey 2018

15. LINX Membership Survey 2018
Public Affairs Overall Performance
LINX Membership Survey 2018

16. LINX Membership Survey 2018
Are you satisfied with the range of issues LINX takes up with policy makers on behalf of our members?
LINX Membership Survey 2018

17. LINX Membership Survey 2018
Are you satisfied with LINX's thoroughness in raising points of detail with policy makers?
LINX Membership Survey 2018

18. LINX Membership Survey 2018
Are you satisfied with LINX's lobbying style?
LINX Membership Survey 2018

19. LINX Membership Survey 2018
Are you satisfied LINX is speaking to the right people in your organisation when
consulting members' opinions on public policy issues?
LINX Membership Survey 2018

20. LINX Membership Survey 2018
Express any opinions about LINX
public affairs/internet policy issues?
LINX Membership Survey 2018