No. 2, 11
Editor:
Anna Celsing
Rue Cherpion 46
B-1390 Grez Doiceau
Belgium
+32 10 84 15 33
anna.celsing@skynet.be

Publisher:
Ulla Carlsson
NORDICOM
University of Gothenburg
Box 713
SE-405 30 Göteborg
Sweden



Copyright / IPR Enforcement
New EU Strategy for Intellectual Property Rights
Proposal on “orphan works”
IPR Enforcement: Much Focus on Role of Intermediaries
Report on Private Copying Levies

Privacy and Data Protection
Many Europeans Concerned about Internet Privacy
More Effective Data Protection Rules?
Support for Exemptions for Journalistic Purposes
Concern about Cloud Computing
Conferences on Data Protection Issues
Revision of European Convention Under Way

Audiovisual
Consultation on Film Support
Commission Seeks Views on Distribution of AV Online
Focus on Digitisation of European Cinemas

Media - general
New Gatekeepers – New Media Policy?
Report on Media Literacy Policy

Internet / Telecoms
Much Talk about Internet Freedom
Internet Governance Not Just a Task for Stakeholders?
New Telecom Rules: Legal Action against Slow Member States

Protection of Minors
Safety Online: Self-Regulation Enough?
EU Kids Online Conference



Copyright / IPR Enforcement

New EU Strategy for Intellectual Property Rights
[Copyright / IPR Enforcement]


The existing mix of European and national rules on intellectual property rights (IPR) needs to be modernised, explained the European Commission at the end of May when adopting a new comprehensive strategy to revamp the legal framework.

"There will be no investment in innovation if rights are not protected. On the other hand, consumers and users need to have access to cultural content, for example online music, for new business models and cultural diversity to thrive. Our aim today is to get the balance between these two objectives right for IPR across the board,” said Internal Market Commissioner Michel Barnier.

On the same day the Commission adopted a proposal to create an easier licensing system for so-called "orphan works" that will allow many cultural works to be accessible online (see seperate article below). It also tabled a regulation aiming to reinforce the European Observatory on Counterfeiting and Piracy.

This autumn the EU Commission will submit a proposal to create a legal framework for multiterritorial collective management of copyright, in particular in the music sector, and kick-start a stakeholder agreement on private coping levies by appointing a high level independent mediator to explore possible approaches to harmonising the methodology used to impose levies etc.

In the document the Commission also discusses a more far-reaching overhaul of copyright at European level involving the creation of a European Copyright Code.

Such a code could encompass “a comprehensive codification of the present body of EU copyright directives in order to harmonise and consolidate the entitlements provided by copyright and related rights at EU level” and would “provide an opportunity to examine whether the current exceptions and limitations to copyright granted under the 2001/29/EC Directive need to be updated or harmonised at EU level”.

The Commission will also examine the feasibility of creating an optional "unitary" copyright title and its potential impact for the single market, right holders and consumers.

Copyright issues related to user-generated content is another topic discussed in the document. “Users who integrate copyright-protected materials in their own creations which are uploaded on the internet must have recourse to a simple and efficient permissions system”, says the EU Commission which will explore the issue further in order to “strike a balance between the rights of content creators and the need to take account of new forms of expression.” More info and links

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Proposal on “orphan works”
[Copyright / IPR Enforcement]


The European Commission has adopted a proposal for a Directive to establish common rules on the digitisation and online display of so-called 'orphan works'. The aim is to create a legal framework so that libraries, educational establishmens, museums, archives etc. can provide the public with cross-border online access to orphan works with no prior authorization without the risk of infringing copyright.

The proposal rests on three pillars. First, it contains rules on how to identify orphan works. It provides that the user has to conduct a diligent search to find the copyright holder.

Secondly, it establishes that if the diligent search does not yield the identity or location of the copyright holder, the work shall be recognised as an orphan work. This status shall then, by virtue of mutual recognition, be valid across the European Union.

Thirdly, it establishes the uses that can be made of the orphan works and the conditions for such uses depending on their nature. Read more

The proposal will now be debated and amended by the Council and the European Parliament, where it could be concluded in one or two readings.


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IPR Enforcement: Much Focus on Role of Intermediaries
[Copyright / IPR Enforcement]


In recent months policymakers have focused a great deal on copyright infringement and the enforcement of intellectual property rights (IPR). A policy tool increasingly being considered is recruiting internet service providers to help clamp down on illegal online activity, a development much criticized by various stakeholders and consumer organisations.

In its recently published document outlining a new IPR strategy, the European Commission announces a revision of the IPR Enforcement Directive (2004/48/EC) - often called IPRED - in Spring 2012. ”Any amendments should have as their objective tackling the infringements at their source and, to that end, foster cooperation of intermediaries, such as internet service providers,” says the Commission.

It adds, however, that the Commission will ensure that such amendments “respect all fundamental rights recognised by the EU Charter of Fundamental Rights, in particular also the rights to private life, protection of personal data, freedom of expression and information and to an effective remedy.”

These assurances have not set everyone's mind at rest. ”We are collectively concerned about the Commission’s plan to increase the role of Internet Services providers (ISPs) in preventing illegal download... Such action would shift additional responsibility and liabilities to ISPs as well as negatively impact the privacy of communications for European consumers, contrary to the current European legal framework”, reads a joint statement by Europe’s leading ICT and communications organisations.

Various advocacy groups are critical too. ”It is important to use legislation, where this is proven necessary, rather than outsourcing the powers of the state to private entities...The trend towards entrusting regulation of freedom of communication to internet intermediaries is undemocratic and dangerous and must be opposed by legislators”, stressed Joe McNamee from European Digital Rights at a hearing on copyright issues in the European Parliament in June.

Similar views are expressed in a widely quoted report by the United Nation's Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue.

Among the issues discussed in the report is the liability of internet service providers and other intermediaries. The Special Rapporteur emphasizes that censorship measures “should never be delegated to private entities”, and that intermediaries should not be held liable for refusing to take action that infringes individuals’ human rights.

ISPs not wanting to police the Internet often refer to the EU e-Commerce directive, according to which ”mere conduits” are not liable for the information transmitted. Now ISPs are concerned that changes to the IPRED directive may introduce substantial modification of the liability regime provided for in the e-Commerce directive.

This issue was brought up in a recent consultation launched by the EU Commission on the IPRED directive and how it could be improved. In its synthesis of the comments received the the Commission reports that the majority of rightholders and collecting societies demanded a greater involvement of internet service providers and other intermediaries.

But as for the liability of intermediaries ”the vast majority of the stakeholders in favour of amending the IPR Enforcement Directive emphasized the need to keep the current liability-regime established by the E-Commerce Directive,” writes the Commission.

At a public hearing on IPR enforcement in June several speakers commented on the interaction between data protection, e-commerce and copyright. “Problems arise due to divergent interpretations between the Member States of the E-commerce Directive, the Data Protection Directive and the Copyright Directive. This lack of legal certainty for consumers, rightholders and others has been created by EU law and therefore has to be resolved at EU level,” said one of the speakers (see the Commission's report of the hearing)


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Report on Private Copying Levies
[Copyright / IPR Enforcement]


Those interested in the topical issue of private copyring levies will no doubt have use for a recently published, comprehensive account of the current issues and future thinking concerning private copying levies in Europe.

The report entitled Who pays for private copying? was released in June by the European Audiovisual Observatory in Strasbourg.

The report’s lead article provides a short history of private copying levies and a description of the legal status quo. It then goes on to look at a groundbreaking case in copy legislation – the Padawan case of 2010 in which the European Court of Justice maintained that “the indiscriminate application of the private copying levy to all typres of digital reproduction equipment […] does not comply with […] the InfoSoc Directive”.

In addition the report focuses on legal issues raised by the introduction of a file-sharing levy, a measure proposed in several European countries. It also provides recent country by country articles on private copying levies in a number of states.


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Privacy and Data Protection

Many Europeans Concerned about Internet Privacy
[Privacy and Data Protection]


Three out of four Europeans accept that revealing personal data is part of everyday life, but they are also worried about how companies – including search engines and social networks – use their information, shows a new Eurobarometer survey on attitudes towards data protection and electronic identity, released by the European Commission in June.

People's most frequent concerns are about fraud when shopping online (mentioned by 55%), information being used without their knowledge on social networking sites (44%), and data being shared by companies without their agreement (43%).

70% said they were concerned about how companies use this data and they think that they have only partial, if any, control of their own data. 74% want to give their specific consent before their data is collected and processed on the Internet.

58% of Internet users read privacy statements online, but not everyone understand them. Overall, 62% of users either do not understand, do not read, cannot find, or ignore such privacy statements. Read more

The survey results come as the Eurpean Commission prepares to reform EU data protection
rules (see below).


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More Effective Data Protection Rules?
[Privacy and Data Protection]


In late autumn the European Commission is expected to present its proposals for a comprehensive review of the EU legal framework for data protection. Its main instrument – the 1995 Data Protection Directive (95/46/EC) – now requires some maintenance, explains the European Data Protection Supervisor (EDPS) Peter Hustinx in an article published in July in which he outlines what may be expected.

There will be a strong emphasis on a more comprehensive approach, covering all policy fields, including areas such as police and justice, but no major changes seem to be envisioned. “Instead much attention will be given to making data protection more effective in practice with more emphasis on implementation and enforcement of data protection principles”, writes the EDPS.

More effective data protection also requires a strengthening of the three main roles in data protection: those of the data subject, the responsible organisation and the supervisory authority. Data controllers should, for example, be mandated to take all necessary measures to ensure that data protection rules are complied with.

“This is the "principle of accountability" that would require data controllers to be able to demonstrate that they have taken all appropriate measures to ensure compliance”, explains Mr. Hustinx.

Controllers should also be able to demonstrate that appropriate measures have been taken to ensure that privacy requirements have been met in the design of their systems. This is the principle of "privacy by design".

At the International Data Protection Conference in Budapest in June the EDPS also stressed that it is important to clearly define the external scope of EU data protection law. “The concept that EU law should also apply where EU consumers are “targeted” - or more in general where services are provided to EU consumers – seems to attract more and more support”.


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Support for Exemptions for Journalistic Purposes
[Privacy and Data Protection]


Better data protection seems very important to the European Parliament too. In July Parliament adopted a resolution in which it “strongly welcomes” the EU Commission's report "A comprehensive approach on personal data protection in the European Union" and supports its focus on strengthening existing arrangements. In some respects Parliament appears to want to go further than the Commission.

Some of the items on the MEPs' wish-list may delight the media industry, others maybe not.

Industry representatives in Brussels have often voiced their concern that Article 9 of the current data protection directive - which obliges Member States to provide for exemptions from data protection rules when personal data are used solely for journalistic purposes or the purpose of artistic or literary expression – could be weakened or disappear in the revision of the directive.

Their lobbying efforts seem to have born fruit. For in its resolution Parliament not only underlines the importance of this article and calls on the Commission to ensure that these exemptions be maintained, it even insists that “every effort is made to evaluate the need for developing these exceptions further in the light of any new provisions in order to protect freedom of the press”.

Media companies, however, may be less pleased about other clauses in the resolution, such as the one expressing Parliament's concern about online behavioural targeting and its insistance that the Commission include provisions on profiling in the revised directive.

MEPs also explicitly urge “advertising-space agencies and publishers to clearly inform internet users in advance about the collection of any data relating to them. Read more

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Concern about Cloud Computing
[Privacy and Data Protection]


Neelie Kroes, the EU Commissioner in charge of the Digital Agenda, seems very keen to promote cloud computing (which enables companies, public administrations and individuals, using networks such as the internet, to access their data and software on computers located somewhere else). The European Parliament, however, is concerned about the risks this development may pose with regard to privacy and data protection.

"I am excited about the potential benefits of cloud computing to cut costs, improve services and open up new business opportunities”, said Commissioner Kroes in May when launching a public consultation on the issue.

The Commission believes that cloud computing has the potential to develop into a major new service industry, presenting great opportunities for European telecoms and technology companies. ”Cloud services are expected to generate revenues of almost €35 billion in Europe by 2014”, it points out in a press release.

The European Commission does not seem unaware of the possible risks of cloud computing. Questions about data protection and liability were included in the public consultation (now closed).

The European Parliament brings up the issue in its resolution on personal data protection adopted in July.

Noting that the development and broader use of cloud computing raises new challenges in terms of privacy and protection of personal data, Parliament says that it must be ensured that “data subjects know where their data are stored, who has access to their data, who decides on the use to which the personal data will be put, and what kind of back-up and recovery processes are in place”.

Parliament therefore calls on the Commission to ”take due account of data protection issues related to cloud computing when revising Directive 95/46/EC (the Data Protection directive), and to ensure that data protection rules apply to all interested parties, including telecom operators and non telecom operators.”

The European Commission is to present a cloud computing strategy in 2012.


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Conferences on Data Protection Issues
[Privacy and Data Protection]


On 21 September the Polish Presidency of the EU will hold an international conference on personal data protection in Warsawa. Here experts will exchange views and opinions on current privacy and personal data protection issues, especially with regard to current work on the new EU legal framework in this field.

The conference will be attended by representatives of the European data protection authorities and the EU institutions as well as of states and data protection authorities outside the European Union.

Later this year, on 6 December, the 2nd Annual European Data Protection and Privacy Conference will be held in Brussels. Timed to take place after the release of the European Commission's proposals for the revision of the data protection directive, the conference will bring together key policymakers and stakeholders from across Europe for a discussion on current issues of data protection and privacy.

What will the effect of the new privacy rules be on the online lives of EU citizens? Where does the balance lie between security and privacy rights? What shape for globalised data protection and privacy laws in the 21st century? are some of questions to be discussed.

Among those to give speeches are Viviane Reding, the EU Commissioner responsible for the revision of the data protection directive, the European Data Protection Supervisor Peter Hustinx, as well as key Members of the European Parliament. Read more

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Revision of European Convention Under Way
[Privacy and Data Protection]


Data protection rules are currently being revised in the Council of Europe too. In January the Council launched a consultation on its Data Protection Convention (usually referred to as Convention 108 ) which has long served as the backbone of international law in over 40 European countries.

The results of the consultation process clearly indicate, with governments, data protection authorities, private sector, professional associations and civil society all concurring, that the essential features of Convention 108 should be retained. Consistency with EU law is another
message that clearly emerges from the consultations,” reported the Council's Head of Human Rights Development Department Jörg Polakiewicz at the International Data Protection Conference in Budapest in June.

The Council of Europe's Parliamentary Assembly will adopt a report on “Protection of privacy and personal data on the Internet and online media” at its October plenary session. Parliamentary delegations from OECD member countries will also participate, said Mr. Polakiewicz.

Furthermore, consultations on the future of Convention 108 will take place at international meetings such as the Internet Governance Forum in Nairobi on 27-30 September and the 33rd International Conference of Data Protection and Privacy Commissioners in Mexico on 31 October - 4 November.


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Audiovisual

Consultation on Film Support
[Audiovisual]


In June the European Commission launched a public consultation as the first step in a review of the criteria used to apply EU state aid rules to Member States' financial support for making and distributing films. The current Cinema Communication is 10 years old.

The Commission invites interested parties to submit their comments by 30 September 2011. An issues paper has been published in which the EU Commission identifies areas for reflection.

“Does a subsidy race to attract major US productions undermine the effectiveness of aid to support smaller European films? Does the scope of our rules need to go beyond encouraging the production of more films? And is support needed to encourage filmmakers to explore the possibilities of the digital revolution? Only when we have a clearer picture of issues like these can we begin to develop appropriate state aid rules," explained Joaquin Almunia, the Commissioner in charge of competition policy.

The consultation follows the extension of the existing state aid assessment criteria in January 2009 (IP/09/138) until 31 December 2012.

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Commission Seeks Views on Distribution of AV Online
[Audiovisual]


In July the European Commission published a Green Paper on the online disitribution of audiovisual works intended to serve as the basis for a debate on whether and how the regulatory framework needs to be adapted to allow European industry to develop new business models, creators to find new distribution channels and European consumers to have better access to content throughout Europe.

The Commission invites all interested parties to comment on the ideas raised in this Green Paper. Deadline: 18 November 2011.

"The results of this consultation will provide a significant contribution to the initiatives I am preparing, including a legislative proposal on collective copyright licensing, an examination of the framework set by the 2001 Information Society Directive, and a review of the Intellectual Property Enforcement Directive”, said EU Internal Market Commissioner Michel Barnier.

The Green Paper looks at a broad range of issues, not least those related to copyright.

Do the technology-specific provisions of the Satellite and Cable Directive need to be reviewed to develop a framework for cross-border retransmission of audiovisual media services that is technology neutral with regard to delivery platform? What are your views on the possible advantages and disadvantages of harmonizing copyright in the EU? are some of the questions raised by the EU Commission.

It also asks if additional measures should be taken at EU level to ensure the adequate remuneration of authors and performers in relation to online use of works and performances for which they hold rights.

Furthermore, the Green Paper discusses certain special uses of audiovisual works such as the public policy missions of film heritage institutions and access to cultural material by persons with disabilities.


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Focus on Digitisation of European Cinemas
[Audiovisual]


The European Parliament and the Polish EU Presidency, too, are working on audiovisual issues.

In July the Culture Committee of the European Parliament held a public hearing on EU audiovisual policy in the digital era followed by a presentation of a draft report on European cinema in the digital era written by MEP Piotr Borys.

Much of this report discusses digitisation issues. It calls on the Member States and the EC to “support the full digitisation of EU cinemas and to establish European and national programmes to support the transition to digital technologies”.

In order to ease the digitisation process, “flexible and diversified financing, both public and private, should be made available at local, regional, national and European level” and funding of digitisation projects and training initiatives through European Structural Funds should be increased as part of the new financial perspectives 2014 – 2020.

The report stresses the importance of the MEDIA Programme in the digitisation of cinemas and calls for increased funds in the next generation of the programme to tackle the challenges brought about by digital technologies.

The current Polish EU Presidency has declared that its basic priority in the field of audiovisual policy is the issue of digitisation and the sharing and protection of the cultural heritage, particularly of audiovisual resources. The Presidency will also initiate discussions on the need to advance the process of digitisation of European cinemas.


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Media - general

New Gatekeepers – New Media Policy?
[Media - general]


Today search engines have become the Internet's gatekeepers and much market power is concentrated in the hands of one company, Google.

Among those concerned about this development is the European Commission. In November 2010 the Commission decided to open an antitrust investigation into allegations that Google has abused a dominant position in online search in violation of EU rules, following complaints from other search service providers.

In recent months the Commission has received a number of new complaints, which could broaden the EU watchdog's ongoing probe and add to pressure on Google to strike a settlement.

The search giant seems well aware of the anti-Google sentiment that is growing as a result of its increasing gatekeeping power and dominance of the internet search business. Even before the EU anti-trust investigation was announced the company was building up its lobbying operation in Brussels and launched various initiatives in Europe to embellish its image, reports the International Herald Tribune.

In March 2010, for example, Google created a forum in Berlin that gathers opinion leaders from German academia, Internet advocacy groups and business to debate legal issues affecting the digital economy.

The issue of media concentration and the effects it could have has long been discussed by policymakers. Now it may be time to define a new notion of media, a topic already under discussion in the Council of Europe in Strasbourg.

The Council's member states should “remain attentive to addressing situations of strong concentration in the media ecosystem which might result in the misuse of an actor’s ability to shape or influence public opinion or people’s choices with potentially adverse consequences in respect of governance and, more particularly, political pluralism and democratic processes, especially as new types of services, applications or platforms gain relevance in these respects “ (my highlight), says a Draft Recommendation on a new notion of media.

“Intermediaries and auxiliaries in the media ecosystem ... often play an essential role, which can give them considerable power as regards outreach and control or oversight over content. As a result, intermediaries and auxiliaries can easily assume an active role in mass communication editorial processes”, it is pointed out.


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Report on Media Literacy Policy
[Media - general]


What is being actively done to promote media literacy so that we all have access to and keep pace with technological developments? is the topic of a report on media literacy in Europe recently released by the European Audiovisual Observatory.

The report focuses on the legal aspects of the question, inter alia, the normative approaches of the European Union and the Council of Europe.

The author of the leading article observes that strategies to promote media literacy have been favoured in terms of media user protection rather than stricter, media oriented legislation, writes the author of the leading article. “The onus for the prevention of harm is shifted […] from public institutions to the private sphere.”

It is important to take into account the national and cultural characteristics of each country when aiming at a consistent media literacy policy in Europe, says the author.

He concludes that media literacy policies have so far targeted children and the public at large and that other targeted groups such as the elderly, disabled and socially/economically disadvantaged could equally benefit from the application of these policies.

The report also contains short, country by country, articles on current media legislation which is having a positive effect on media literacy, as well as a more detailed description of media literacy policy in the Netherlands which has brought about positive change over the last three years.


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Internet / Telecoms

Much Talk about Internet Freedom
[Internet / Telecoms]


The importance of promoting and protecting freedom on the Internet is a recurrent theme in various solemn declarations made in recent months. Judging by a recent OSCE study however real action may also be needed.

In a resolution adopted in May the European Parliament “condems the fact that repressive regimes increasingly censor and monitor the Internet, and urges the Commission and the Member States to promote Internet freedom globally”.

Two weeks later a G8 Summit held in France adopted a declaration including 19 articles regarding the Internet. A quote from one of them: “Freedom of opinion, expression, information, assembly and association must be safeguarded on the Internet as elsewhere. Arbitrary or indiscriminate censorship or restrictions on access to the Internet are inconsistent with States' international obligations and are clearly unacceptable.”

Soon thereafter an OECD High Level Meeting on the Internet Economy was held in Paris. Speaking about “Internet essentials” EU Commissioner for the Digital Agenda Neelie Kroes declared:

“Let's make the Internet pro-democracy. By itself, the Internet cannot "produce" democracy. Indeed in the absence of clear "rules of the game" it can become a mockery of democratic values, a place where those who survive and are heard are only the most powerful, the loudest, the most technologically savvy.”

In fact, internet freedom is rather limited in Europe, as in many other parts of the world.

“Legislation in many countries does not recognize that freedom of expression and freedom of the media equally apply to Internet as a modern means of exercising these rights and in some of our states, ‘extremism’, terrorist propaganda, harmful content and hate speech are vaguely defined and may be widely interpreted to ban speech types that Internet users may not deem illegal,” said the OSCE Representative on Freedom of the Media Dunja Mijatović in July when presenting a report of a study on regulations affecting new media in the OSCE region today.

The study measures the level of Internet content regulation in the OSCE area (which includes among its 56 participating states many countries in Europe) and assesses national laws in the light of OSCE commitments and international standards of free expression and access to information.


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Internet Governance Not Just a Task for Stakeholders?
[Internet / Telecoms]


In recent years there has been much praise for the increased involvement of so-called stakeholders in policy matters, not least with regard to Internet governance. But lately there have been reminders that governments and states should have an important role too.

“We support the multi-stakeholder model of Internet governance”, says the declaration adopted at the G8 Summit at the end of May, but adds: ”Governments have a key role to play in this model”.

At the European Dialogue on Internet Governance (EuroDIG) in Belgrade a few days later Neelie Kroes, the EU Commissioner responsible for the Digital Agenda, brought up the issue again. “The multi-stakeholder model is the right way forward for Internet governance... At the same time, we must be careful that this initiative respects the general public interest parameters identified by other actors, not least governments”.

And she goes on: “Indeed, Internet users have a legitimate expectation that their governments participate in Internet governance processes to protect and promote their interests”. She stresses, however, that she is “not suggesting that some alternative to the multistakeholder model of Internet Governance is needed, just that it needs to be amended to function better and take into account the voice of Governments.”


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New Telecom Rules: Legal Action against Slow Member States
[Internet / Telecoms]


In July the European Commission started legal action against twenty EU member states which had not yet notified measures to implement the new EU telecoms rules into national law (deadline 25 May 2011). This remarkably swift reaction was perhaps partly motivated by a wish to avoid “unnecessary” new rules on protection of privacy and net neutrality.

Two months after the deadline only seven EU countries – among them the three Nordic member states - had notified the Commission that they have implemented the new EU telecom rules in full.

The Commission often refers to the new telecom rules when called upon to improve the protection of privacy on the internet. “The new rules clarify that telecoms operators and internet service providers must take strong security measures to protect the names, email addresses and bank account information of their customers”, pointed out the Commission in a memo in May for example.

In April the EU Commission released a report on net neutrality that underlines the right of citizens and businesses to have easy access to an open and neutral internet. But for the time being there is no need to propose any specific rules on this subject; let's first see how the new EU telecoms rules will work, says the Commission.

The new rules include certain provisions relevant to net neutrality, for example on service transparency. Customers are entitled to make informed choices about their internet provider on the basis of clear and accurate information about possible restrictions on access to particular services, actual connection speeds and possible limits on internet speeds.


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Protection of Minors

Safety Online: Self-Regulation Enough?
[Protection of Minors]


A majority of the 14 social networking sites tested on behalf of the European Commission give minors age-appropriate safety information, respond to requests for help and prevent minors' profiles from being searched via external search engines.

But only two social networking sites have default settings to make minors' profiles accessible only to their approved list of contacts and only 4 sites ensure that minors can be contacted by default by friends only. This is not enough, says Neelie Kroes, the EU Commissioner responsible for the Digital Agenda.

“I am disappointed that most social networking sites are failing to ensure that minors' profiles are accessible only to their approved contacts by default. I will be urging them to make a clear commitment to remedy this in a revised version of the self-regulatory framework we are currently discussing, said the Commissioner in June when presenting a report on the implementation of the “ Safer Social Networking Principles for the EU”, a self-regulatory agreement brokered by the Commission in 2009 to keep children safe online. Read more

The European Parliament has made similar suggestions. In a recent resolution on personal data protection it points to ”the need to provide for specific forms of protection for vulnerable persons, especially children, for instance by requiring a high level of data protection to be used as the default setting and by taking appropriate specific measures to protect their personal data”.

Parliament, however, seems more keen on traditional regulatory measures than the Commission. It ”stresses the importance of data protection legislation acknowledging the need to specifically protect children and minors”.

Particular attention should be given to “provisions on the collection and further processing of children's data, the reinforcement of the purpose limitation principle in relation to children's data and to how children's consent is sought, and on protection against behavioural advertising,” says the European Parliament.


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EU Kids Online Conference
[Protection of Minors]


On 22-23 September an international conference on “Children, risk and safety online: Research and policy challenges in comparative perspective” will be held at the London School of Economics for researchers, policy makers, industry, educators, NGOs and government .

The conference will ask questions such as: Are all children benefiting from the internet and if not, why not? How can parents and policy makers balance online opportunities and risks for children? How can governments, educators, NGOs and industry better support children online?

The conference will showcase final results and recommendations regarding online activities, risks and safety, based on a survey of 25,000 European children conducted by the EU Kids Online network of more than 100 researchers in 25 countries and funded by the European Commission's Safer Internet Programme.


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About the newsletter

European Media Policy is a newsletter from NORDICOM providing an up-date on policy developments at the European level. We concentrate on news from the European Union – current issues and trends in media policy, new proposals for legislation, debates in the European Parliament, recently taken or impending policy decisions and reactions among those concerned, new support programmes and EU studies in the field etc. There will also be some coverage of developments in the Council of Europe.

The newsletter will normally be published three times per year. The December issue will provide an overview of the main events of the year and comment on media policy trends.