http://cmpf.eui.eu/events/combating-hate-speech.aspx
Giovanni Sartor
EUI - European University Institute of Florence
CIRSFID - Faculty of law, University of Bologna
March 26, 2012
Managing the Risks of User-Generated Content Maanit Zemel
This presentation provides an overview of the legal and reputation risks that website operators and intermediaries face when hosting User-Generated Content (UGC) in Canada and the U.S.
Alberto Bellan - The AGCOM Regulation in ItalyEleonora Rosati
The document summarizes the AGCOM Regulation in Italy, which establishes an administrative procedure for addressing online copyright infringement. AGCOM, as the Italian communications authority, will oversee a notice-and-takedown process targeting hosting and access providers. Rightsholders can file notices requesting removal of infringing digital content. Providers are given short timeframes to comply with removal orders or face substantial fines. The process aims to quickly and efficiently enforce copyright online, but has been criticized for potentially disproportionate penalties and impact on small startups.
The document summarizes various legal issues that can arise from social media use including defamation, privacy, copyright, and trademarks. It discusses the elements of defamation claims and available defenses. It also outlines principles around misuse of private information, balancing privacy rights with freedom of expression. The document then discusses copyright basics and infringement issues as well as an overview of trademark law. It concludes by addressing specific online legal issues like takedown notices, territorial jurisdiction concerns, and strategies for responding to takedown requests.
Legal, Ethical and Contractual constraints in the Media IndustryMattwattsmedia
A constraint is any limitation or restriction that prevents something from happening. In media, there are many legal constraints like regulations and laws. Employment legislation refers to laws that protect employee and employer rights and health and safety. Employee rights depend on statutory legal rights and contractual rights agreed upon with their employer. Employers are legally responsible for employee health and safety and must carry employers' liability insurance.
Prof. Dr. Peggy Valcke (KU Leuven, ICRI - IBBT)
Media Pluralism and Diversity &
Countering Hate Speech in Europe
Centre for Media Pluralism and Media Freedom; DEMOS
Institute; Open Society Foundations; UNESCO
European University Institute, 27 March 2012
Update and pilot implementation of the media pluralism monitor (MPM2014): Conclusions and recommendations for future implementations
Principles of simplification
http://monitor.cmpf.eui.eu/
This document discusses the pilot implementation of the Media Pluralism Monitor (MPM) in 2013-2014. It summarizes the goals of simplifying and updating the MPM, testing it in selected EU member states, and improving it based on the testing. It describes conducting the pilot in 9 countries through a network of local institutions. The results were used to refine the MPM for further testing in 2015 across more countries.
Managing the Risks of User-Generated Content Maanit Zemel
This presentation provides an overview of the legal and reputation risks that website operators and intermediaries face when hosting User-Generated Content (UGC) in Canada and the U.S.
Alberto Bellan - The AGCOM Regulation in ItalyEleonora Rosati
The document summarizes the AGCOM Regulation in Italy, which establishes an administrative procedure for addressing online copyright infringement. AGCOM, as the Italian communications authority, will oversee a notice-and-takedown process targeting hosting and access providers. Rightsholders can file notices requesting removal of infringing digital content. Providers are given short timeframes to comply with removal orders or face substantial fines. The process aims to quickly and efficiently enforce copyright online, but has been criticized for potentially disproportionate penalties and impact on small startups.
The document summarizes various legal issues that can arise from social media use including defamation, privacy, copyright, and trademarks. It discusses the elements of defamation claims and available defenses. It also outlines principles around misuse of private information, balancing privacy rights with freedom of expression. The document then discusses copyright basics and infringement issues as well as an overview of trademark law. It concludes by addressing specific online legal issues like takedown notices, territorial jurisdiction concerns, and strategies for responding to takedown requests.
Legal, Ethical and Contractual constraints in the Media IndustryMattwattsmedia
A constraint is any limitation or restriction that prevents something from happening. In media, there are many legal constraints like regulations and laws. Employment legislation refers to laws that protect employee and employer rights and health and safety. Employee rights depend on statutory legal rights and contractual rights agreed upon with their employer. Employers are legally responsible for employee health and safety and must carry employers' liability insurance.
Prof. Dr. Peggy Valcke (KU Leuven, ICRI - IBBT)
Media Pluralism and Diversity &
Countering Hate Speech in Europe
Centre for Media Pluralism and Media Freedom; DEMOS
Institute; Open Society Foundations; UNESCO
European University Institute, 27 March 2012
Update and pilot implementation of the media pluralism monitor (MPM2014): Conclusions and recommendations for future implementations
Principles of simplification
http://monitor.cmpf.eui.eu/
This document discusses the pilot implementation of the Media Pluralism Monitor (MPM) in 2013-2014. It summarizes the goals of simplifying and updating the MPM, testing it in selected EU member states, and improving it based on the testing. It describes conducting the pilot in 9 countries through a network of local institutions. The results were used to refine the MPM for further testing in 2015 across more countries.
European Union Competencies in Respect of Media Pluralism & Media Freedom
CMPF Summer School 2013 for Journalists and Media Practitioners
http://cmpf.eui.eu/training/summer-school-2013.aspx
Dr Sally Young
Associate Professor and Reader,
School of Social and Political Sciences,
The University of Melbourne
s.young@unimelb.edu.au
For an international audience, Australia is a case-study of what can go wrong in media policy-making and why media ownership concentration – including in the newspaper industry - still matters despite the rise of the internet and online news outlets.
more info:
http://cmpf.eui.eu/seminars/australia-media-ownership.aspx
The document summarizes the roles and powers of the three main EU institutions: the European Parliament, European Commission, and Council of the EU. The European Parliament represents EU citizens and has legislative and budgetary powers. The European Commission initiates legislation and implements policies and the budget. The Council of the EU represents member states and also adopts legislation and budgets.
Journalists today are faced with an overwhelming abundance of data – from large collections of leaked documents, to public databases about lobbying or government spending, to ‘big data’ from social networks such as Twitter and Facebook. To stay relevant to society journalists are learning to process this data and separate signal from noise in order to provide valuable insights to their readers. This talk will address questions like: What is the potential of data journalism? Why is it relevant to society? And how can you get started?
This document discusses principles of ethical journalism. It summarizes the mission of the Ethical Journalism Network coalition which aims to promote ethical standards and self-regulation. It outlines principles for ethical reporting including truth, independence, impartiality and accountability. It also provides tips for election coverage, emphasizing building public trust, quality journalism, including audience voice, and newsroom leadership. The document advocates for internal media codes and external self-regulatory structures to promote ethical standards.
The document provides an overview of the Media Pluralism Monitor pilot test implementation that will take place in 2013-2014. It will assess media pluralism in 9 EU countries and aims to simplify the monitor, update it for internet and social media, and create the conditions for full implementation across the EU. The pilot will test the monitor's 166 indicators across 6 risk domains to diagnose risks to media pluralism and test operationalizing the monitor in selected countries with support from local experts.
1) Wikileaks publishes classified documents from anonymous sources to reveal suppressed information, but nations argue this can threaten national security by exposing intelligence operations or strategic data.
2) There is debate around whether Wikileaks' releases serve the public interest or if they can legitimately withhold some information like defense plans or intelligence methods to protect national security.
3) International laws and ethics principles aim to balance security and transparency, but Wikileaks escapes jurisdiction and its releases are limited only by technological not ethical constraints, raising questions about developing global media standards.
Reporters Tool Kit for covering the European Union: an essential primer on EU structures and bodies that helps reporters navigate the maze of the EU organizational infrastructure, tips on cultivating EU-level stories journalistic coverage of EU, coverage of stories in other EU countries/cross-country journalistic cooperation.
Delfi AS, an online news portal in Estonia, published an article about a company destroying an ice road. The article attracted 185 comments, about 20 of which contained threats and offensive language directed at the company's board member. Over a month later, the board member requested the comments be removed and sought damages for reputational harm. This raised the issue of whether Delfi, as the online platform, or the individual users who posted the comments could be held liable. The case implicates the liability of internet intermediaries under the EU E-Commerce Directive and raises debates around balancing freedom of expression online and limiting hate speech.
International Press Institute (IPI) Senior Press Freedom Adviser Steven M. Ellis will present information related to the IPI’s current project “Strengthening Journalists’ Rights, Protections and Skills: Understanding Defamation Laws versus Press Freedom”. The project seeks to examine the effects that defamation, insult and blasphemy laws in the 28 EU member countries and five candidate countries have on the practices of journalism and the exercise of press freedom.
IPI will soon be issuing a study detailing defamation law in EU member and candidate states, examining the extent to which these laws comport with international standards and offering recommendations for potential changes. Ellis will explain to participants the purpose, history and methodology behind the forthcoming study and share details regarding planned follow-up workshops and trainings. Using specific examples from relevant countries, Ellis will also detail potential pitfalls that journalists face under national criminal and civil laws on defamation, insult and blasphemy. Participants will be given examples of types of conduct that may lead to liability, potential defences to liability, potential consequences that a finding of civil or criminal liability may carry and examples of recent legal developments. Finally, he will provide a broad overview of relevant international free expression standards in order to foster awareness among journalists of their rights in cases where national laws have not yet caught up to those standards.
The document discusses a case study on using Twitter to disseminate the results of the 2015 Media Pluralism Monitor. It describes sorting 350 relevant contacts by country or area, tweeting them targeted messages about checking the Monitor's results. It also discusses using images in tweets to boost engagement and retweets, and analyzing website visits and newsletter signups from the outreach efforts. The goal was to effectively communicate research findings about media freedom risks across Europe.
This document provides an overview of new trends in investigative journalism, as presented in a lecture by Philip Di Salvo. It discusses how the field of investigative journalism is changing in the digital age, with opportunities arising from access to new data sources, the ability to crowdsource information, and platforms for secure leaking of documents. Key concepts examined include data journalism, crowdsourcing investigations, and the rise of digital whistleblowing sites. Several case studies of innovative investigative journalism organizations and projects are also summarized.
This document summarizes a presentation on comparing public spheres. It discusses different models of public spheres, challenges in comparing public spheres across countries, and findings from analyses of several issues in European public spheres. Key findings include that debates are often framed in national rather than European terms, there are both pan-European and nationally-focused public spheres, and media play both dependent and independent roles in shaping public debates. The document outlines areas for further research on the rise of populism and roles of traditional and new media.
This document discusses media markets and the internet. It describes media markets as two-sided markets with network externalities. The internet value chain is explained, along with competitive structures in web markets and characteristics like direct, cross-side, and indirect network effects that can lead to winner-take-all outcomes. Online advertising markets are summarized, including concentrations in search and mobile. Traditional and new sources of online information are compared, and business models for online news are outlined.
The EUI seminar focus on the legal framework in Europe regarding whistle-blowing, leaking confidential information, “illegal” newsgathering and protection of journalistic sources. In its Recommendation 1916 (2010) on the protection of whistle-blowers, on 29 April 2010, the Parliamentary Assembly of the Council of Europe, referring to its Resolution 1729 (2010) on the protection of whistle-blowers, has stressed the importance of whistle-blowing as a tool to increase accountability and strengthen the fight against corruption and mismanagement.
http://cmpf.eui.eu/seminars/whistle-blowing.aspx
This session will look at challenges related to free speech online. We will address restrictions to freedom of expression from technological challenges (filters, surveillance techniques, blocking access to websites) to the introduction of new laws that curb digital freedom. We will also cover the increasing trend of takedown requests, the phenomenon of privatisation of censorship as well as threats, intimidation and violence against citizen journalists and bloggers. Through detailed case studies, participants will have the opportunity to explore the various implications of online censorship for media freedom. Case studies will include examples from countries such as Azerbaijan, Turkey, Belarus, India and Brazil.
The document discusses investigative journalism and media freedom under the European Convention on Human Rights. It provides background on a case involving two Danish journalists who were convicted of acquiring and transporting illegal fireworks without permission while making a documentary. The European Court of Human Rights found that fining the journalists did not violate their freedom of expression rights under the Convention. The document then examines issues related to investigative journalism, limits on breaching the law, protection of sources, and other cases related to media freedom.
This document discusses the political role of journalists in different media systems. It argues against the view that there is a universal model of journalism, and that the dominant liberal model is facing a crisis. Instead, it suggests that the relationship between politics and news media varies significantly across countries and regions due to factors like media market structure, the role of the state, and the strength of political parties and other groups. The document examines journalism in new democracies, Asia, the Arab world, and post-communist countries, finding models of intense partisanship, state interference, and close ties between politicians, business, and media.
The sociology of mass media: Representations of gender on the mediabrunogiegerich
The document discusses representations of gender in mass media and their reflection of patriarchal norms. It describes how media historically portrayed men as breadwinners and heads of household while women were depicted as domestic, maternal, and subordinate. Studies found women underrepresented in achievements and more likely to be sexualized. Magazines in particular were found to promote rigid gender ideals and focus on women's appearance, care for family, and relationship to men.
This document introduces Marxist media theory and provides an analysis of the TV show "The Apprentice" using Marxist concepts. It discusses how Marxist theory views power and the economy being held by a minority elite class who use media and other institutions to maintain the status quo. It analyzes how "The Apprentice" reinforces the power of the capitalist elite and constructs values that support the system through the tasks and judgments of contestants. The document argues media can create "false consciousness" by presenting certain ideologies as truths to benefit the capitalist power structure.
The power point presentation of the lecture held by Professor Giovanni Maria Riccio on "Social Networks and Civil Liability" at the International Summer School on Cyber Law which took place in Moscow June 30 - July 4, 2014.
The document discusses key elements of whistleblower protection including definitions, reporting topics, and measures to protect whistleblowers. Nearly 75% of countries reviewed by the UN are recommended to strengthen protections. The UN Convention Against Corruption includes protections for witnesses and those who report corruption. There is no universal definition of whistleblowing, but most laws focus on reports of illegal, dangerous, or unethical acts from current or former employees. Anonymity, confidentiality, reporting channels, and the concept of "good faith" reporting are among the measures discussed.
European Union Competencies in Respect of Media Pluralism & Media Freedom
CMPF Summer School 2013 for Journalists and Media Practitioners
http://cmpf.eui.eu/training/summer-school-2013.aspx
Dr Sally Young
Associate Professor and Reader,
School of Social and Political Sciences,
The University of Melbourne
s.young@unimelb.edu.au
For an international audience, Australia is a case-study of what can go wrong in media policy-making and why media ownership concentration – including in the newspaper industry - still matters despite the rise of the internet and online news outlets.
more info:
http://cmpf.eui.eu/seminars/australia-media-ownership.aspx
The document summarizes the roles and powers of the three main EU institutions: the European Parliament, European Commission, and Council of the EU. The European Parliament represents EU citizens and has legislative and budgetary powers. The European Commission initiates legislation and implements policies and the budget. The Council of the EU represents member states and also adopts legislation and budgets.
Journalists today are faced with an overwhelming abundance of data – from large collections of leaked documents, to public databases about lobbying or government spending, to ‘big data’ from social networks such as Twitter and Facebook. To stay relevant to society journalists are learning to process this data and separate signal from noise in order to provide valuable insights to their readers. This talk will address questions like: What is the potential of data journalism? Why is it relevant to society? And how can you get started?
This document discusses principles of ethical journalism. It summarizes the mission of the Ethical Journalism Network coalition which aims to promote ethical standards and self-regulation. It outlines principles for ethical reporting including truth, independence, impartiality and accountability. It also provides tips for election coverage, emphasizing building public trust, quality journalism, including audience voice, and newsroom leadership. The document advocates for internal media codes and external self-regulatory structures to promote ethical standards.
The document provides an overview of the Media Pluralism Monitor pilot test implementation that will take place in 2013-2014. It will assess media pluralism in 9 EU countries and aims to simplify the monitor, update it for internet and social media, and create the conditions for full implementation across the EU. The pilot will test the monitor's 166 indicators across 6 risk domains to diagnose risks to media pluralism and test operationalizing the monitor in selected countries with support from local experts.
1) Wikileaks publishes classified documents from anonymous sources to reveal suppressed information, but nations argue this can threaten national security by exposing intelligence operations or strategic data.
2) There is debate around whether Wikileaks' releases serve the public interest or if they can legitimately withhold some information like defense plans or intelligence methods to protect national security.
3) International laws and ethics principles aim to balance security and transparency, but Wikileaks escapes jurisdiction and its releases are limited only by technological not ethical constraints, raising questions about developing global media standards.
Reporters Tool Kit for covering the European Union: an essential primer on EU structures and bodies that helps reporters navigate the maze of the EU organizational infrastructure, tips on cultivating EU-level stories journalistic coverage of EU, coverage of stories in other EU countries/cross-country journalistic cooperation.
Delfi AS, an online news portal in Estonia, published an article about a company destroying an ice road. The article attracted 185 comments, about 20 of which contained threats and offensive language directed at the company's board member. Over a month later, the board member requested the comments be removed and sought damages for reputational harm. This raised the issue of whether Delfi, as the online platform, or the individual users who posted the comments could be held liable. The case implicates the liability of internet intermediaries under the EU E-Commerce Directive and raises debates around balancing freedom of expression online and limiting hate speech.
International Press Institute (IPI) Senior Press Freedom Adviser Steven M. Ellis will present information related to the IPI’s current project “Strengthening Journalists’ Rights, Protections and Skills: Understanding Defamation Laws versus Press Freedom”. The project seeks to examine the effects that defamation, insult and blasphemy laws in the 28 EU member countries and five candidate countries have on the practices of journalism and the exercise of press freedom.
IPI will soon be issuing a study detailing defamation law in EU member and candidate states, examining the extent to which these laws comport with international standards and offering recommendations for potential changes. Ellis will explain to participants the purpose, history and methodology behind the forthcoming study and share details regarding planned follow-up workshops and trainings. Using specific examples from relevant countries, Ellis will also detail potential pitfalls that journalists face under national criminal and civil laws on defamation, insult and blasphemy. Participants will be given examples of types of conduct that may lead to liability, potential defences to liability, potential consequences that a finding of civil or criminal liability may carry and examples of recent legal developments. Finally, he will provide a broad overview of relevant international free expression standards in order to foster awareness among journalists of their rights in cases where national laws have not yet caught up to those standards.
The document discusses a case study on using Twitter to disseminate the results of the 2015 Media Pluralism Monitor. It describes sorting 350 relevant contacts by country or area, tweeting them targeted messages about checking the Monitor's results. It also discusses using images in tweets to boost engagement and retweets, and analyzing website visits and newsletter signups from the outreach efforts. The goal was to effectively communicate research findings about media freedom risks across Europe.
This document provides an overview of new trends in investigative journalism, as presented in a lecture by Philip Di Salvo. It discusses how the field of investigative journalism is changing in the digital age, with opportunities arising from access to new data sources, the ability to crowdsource information, and platforms for secure leaking of documents. Key concepts examined include data journalism, crowdsourcing investigations, and the rise of digital whistleblowing sites. Several case studies of innovative investigative journalism organizations and projects are also summarized.
This document summarizes a presentation on comparing public spheres. It discusses different models of public spheres, challenges in comparing public spheres across countries, and findings from analyses of several issues in European public spheres. Key findings include that debates are often framed in national rather than European terms, there are both pan-European and nationally-focused public spheres, and media play both dependent and independent roles in shaping public debates. The document outlines areas for further research on the rise of populism and roles of traditional and new media.
This document discusses media markets and the internet. It describes media markets as two-sided markets with network externalities. The internet value chain is explained, along with competitive structures in web markets and characteristics like direct, cross-side, and indirect network effects that can lead to winner-take-all outcomes. Online advertising markets are summarized, including concentrations in search and mobile. Traditional and new sources of online information are compared, and business models for online news are outlined.
The EUI seminar focus on the legal framework in Europe regarding whistle-blowing, leaking confidential information, “illegal” newsgathering and protection of journalistic sources. In its Recommendation 1916 (2010) on the protection of whistle-blowers, on 29 April 2010, the Parliamentary Assembly of the Council of Europe, referring to its Resolution 1729 (2010) on the protection of whistle-blowers, has stressed the importance of whistle-blowing as a tool to increase accountability and strengthen the fight against corruption and mismanagement.
http://cmpf.eui.eu/seminars/whistle-blowing.aspx
This session will look at challenges related to free speech online. We will address restrictions to freedom of expression from technological challenges (filters, surveillance techniques, blocking access to websites) to the introduction of new laws that curb digital freedom. We will also cover the increasing trend of takedown requests, the phenomenon of privatisation of censorship as well as threats, intimidation and violence against citizen journalists and bloggers. Through detailed case studies, participants will have the opportunity to explore the various implications of online censorship for media freedom. Case studies will include examples from countries such as Azerbaijan, Turkey, Belarus, India and Brazil.
The document discusses investigative journalism and media freedom under the European Convention on Human Rights. It provides background on a case involving two Danish journalists who were convicted of acquiring and transporting illegal fireworks without permission while making a documentary. The European Court of Human Rights found that fining the journalists did not violate their freedom of expression rights under the Convention. The document then examines issues related to investigative journalism, limits on breaching the law, protection of sources, and other cases related to media freedom.
This document discusses the political role of journalists in different media systems. It argues against the view that there is a universal model of journalism, and that the dominant liberal model is facing a crisis. Instead, it suggests that the relationship between politics and news media varies significantly across countries and regions due to factors like media market structure, the role of the state, and the strength of political parties and other groups. The document examines journalism in new democracies, Asia, the Arab world, and post-communist countries, finding models of intense partisanship, state interference, and close ties between politicians, business, and media.
The sociology of mass media: Representations of gender on the mediabrunogiegerich
The document discusses representations of gender in mass media and their reflection of patriarchal norms. It describes how media historically portrayed men as breadwinners and heads of household while women were depicted as domestic, maternal, and subordinate. Studies found women underrepresented in achievements and more likely to be sexualized. Magazines in particular were found to promote rigid gender ideals and focus on women's appearance, care for family, and relationship to men.
This document introduces Marxist media theory and provides an analysis of the TV show "The Apprentice" using Marxist concepts. It discusses how Marxist theory views power and the economy being held by a minority elite class who use media and other institutions to maintain the status quo. It analyzes how "The Apprentice" reinforces the power of the capitalist elite and constructs values that support the system through the tasks and judgments of contestants. The document argues media can create "false consciousness" by presenting certain ideologies as truths to benefit the capitalist power structure.
The power point presentation of the lecture held by Professor Giovanni Maria Riccio on "Social Networks and Civil Liability" at the International Summer School on Cyber Law which took place in Moscow June 30 - July 4, 2014.
The document discusses key elements of whistleblower protection including definitions, reporting topics, and measures to protect whistleblowers. Nearly 75% of countries reviewed by the UN are recommended to strengthen protections. The UN Convention Against Corruption includes protections for witnesses and those who report corruption. There is no universal definition of whistleblowing, but most laws focus on reports of illegal, dangerous, or unethical acts from current or former employees. Anonymity, confidentiality, reporting channels, and the concept of "good faith" reporting are among the measures discussed.
This document discusses the evolving role of intermediaries on the internet and challenges of regulating their liability for user-generated content. It provides examples of early court cases that established intermediary liability principles and summarizes safe harbor provisions and other legislation that have sought to limit intermediary liability by implementing notice-and-takedown regimes and graduated response policies for copyright infringement. It also discusses ongoing legal cases and policy debates around intermediary liability and how countries are approaching regulation.
This summarises my full report on the role and responsibilities of online intermediaries re copyright infringement, June 2011. The conclusion is that the rush to graduated response solutions is premature given their drawbacks and that legal attention should first go to creating better legal frameworks for facilitating legal online content delivery.
12.NP: Anti-terrorism measures - Censoring the web, making us less secureKirsten Fiedler
The document outlines the history of anti-terrorism measures taken by the EU since 2001. It then discusses the proposed Anti-Terrorism Directive, including concerns about its vague definitions, blocking and censorship of websites, weakening of encryption standards, and criminalization of attacks on information systems. It notes debates in the EU Council and Parliament regarding these issues. In conclusion, it suggests actions citizens can take to voice their concerns about the directive's impact on privacy, security and civil liberties.
This document summarizes key legal issues related to using social media. It discusses potential liability for defamation, copyright infringement, privacy breaches, and more. It provides an overview of relevant laws and outlines strategies for companies to mitigate risks, including developing social media policies and educating employees on compliance. Prudent risk management is advised, such as taking down unlawful content, obtaining legal advice, and purchasing media liability insurance.
French Legislative Proposal on the Duty of Care of Parent CompaniesIsabelle Attallah
Master Thesis in Corporate Social Responsibility
French Legislative Proposal on the Duty of Care for Parent Companies: Towards an Expansion of Corporate Accountability for Human Rights?
March 5, 2013 Webinar - ISP Liability in Europe and in the USCobaltSophie
This document discusses developments in Europe and the US regarding ISP liability for copyright and trademark infringement by third parties. It provides an overview of:
1) The key regulations governing online service provider (OSP) liability in the EU and US, including the DMCA and EU E-Commerce Directive, which establish similar frameworks of limited liability for OSPs.
2) How US and EU courts have interpreted these frameworks differently, with the EU taking a broader view of concepts like knowledge standard and response obligations.
3) Best practices for rightsholders and platforms to address this globally, including considering the broader EU standards given its role as a common market.
Leaving the European Safe Harbor... sailing towards algorithmic content regul...LawScienceTech
Talk on 19.3.2019 at the University of Oslo on the EU's push for algorithmic content regulation related to: copyright, all forms of illegal content, and terrorist content.
You Tweeted WHAT?!: Legal Risks of Social MediaSMB Seattle
What liabilities do companies face when using social media platforms?
Kraig Baker, Chair of the Technology, e-Business and Digital Media Practice at Davis Wright Tremaine LLP delivers an enlightening and timely discussion to SMB Seattle about legal issues surrounding the corporate use of social media.
This document summarizes a report by the UN Special Rapporteur on the right to freedom of opinion and expression regarding targeted digital surveillance. The report finds that targeted surveillance of journalists, activists and critics by governments has led to human rights violations like arbitrary detention and even extrajudicial killings. It proposes regulations for the private surveillance industry to help protect human rights and calls for a moratorium on the global sale of surveillance tools until proper safeguards are in place.
Brief history of how consensus on limited liabiliaty for online intermediaries was reached c 2000; and political and economic forces now dismantling it, leading to a need for new globalised guidelines to safeguard humn rights and ensure cross border consistency in this area..
The document discusses the policy issues around holding internet service providers (ISPs) liable for content on the internet before 2000. Two models emerged - the EC Directive on Electronic Commerce 2002 which exempted ISPs from liability, and the US Digital Millennium Copyright Act which gave immunity for copyright issues. Both divided liability based on the function of mere conduit, caching, and hosting, with limited liability and a "notice and take down" system for hosted content. Now states want ISPs to play a more active role through filtering and monitoring for issues like copyright, child pornography, and malware, which raises human rights concerns around censorship, privacy, and scope creep.
Note: This presentation does not reflect the views of my employer or those of any other entity. This presentation was created in collaboration with classmates at the Annenberg Oxford Summer Institute on Global Media and Technology Policy. This group activity reflects my personal input and perspectives only. - Heather Blanchard
Legal Liability under the
Digital Millennium Copyright Act and the Communications Decency Act by Daliah Saper, Saper Law Offices, LLC. www.saperlaw.com
Ведущий: Альфонсо де Грегорио
Докладчик расскажет о рынке эксплойтов, его участниках, о деятельности брокера уязвимостей нулевого дня, а также осветит связанные с этим аспекты деловой этики.
Modern antitrust engenders a possible conflict between public and private enforcement due to the central role of Leniency Programs. Damage actions may reduce the attractiveness of Leniency Programs for cartel participants if their cooperation with the competition authority increases the chance that the cartel’s victims will bring a successful suit. A long legal debate culminated in a EU directive, adopted in November 2014, which seeks a balance between public and private enforcement. It protects the efectiveness of a Leniency Program by preventing the use of leniency statements in subsequent actions for damages and by limiting the liability of the immunity recipient to its direct and indirect purchasers. Our analysis shows such compromise is not required: limiting the cartel victims’ ability to recover their loss is not necessary to preserve the eectiveness of a Leniency Program and may be counterproductive. We show that damage actions will actually improve its eectiveness, through a legal regime in which the civil liability of the immunity recipient is minimized (as in Hungary) and full access to all evidence collected by the competition authority, including leniency statements, is granted to claimants (as in the US).
Check the latest research publications and presentations on our website http://www.hhs.se/site
This document summarizes key legal risks and issues related to user-generated content on websites and provides practical steps to mitigate risks. The main legal areas of risk identified are: (1) privacy laws regarding personal information; (2) copyright issues regarding ownership and liability for user uploaded content; and (3) defamation laws regarding liability for user posted content. The document recommends steps like having clear terms of use, disclaimers of liability, content monitoring and removal policies, and education of users to help manage these legal risks.
Similar to Intermediaries’ liability for hate speech (20)
Presentation by Christian D'Cunha at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
This document provides an overview of polls and discusses several key concepts related to interpreting and reporting on polls. It notes that polling error can be expected to be around 2-2.2 percentage points on average and discusses how to identify reliable polls based on factors like the source, sample size, and methodology. It also explains important polling concepts like margins of error, confidence intervals, and how a poll of polls can provide a more accurate picture than any single poll.
Presentation by Luc Steinberg at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Ula Furgal at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Samantha Bradshaw at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Anna Herold at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Bernd Holznagel at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Damian Tambini at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Federica Casarosa at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Gabriela Jacomella at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Wessel Reijers at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
A presentation by Pier Luigi Parcu on Artificial Intelligence, elections, media pluralism and media freedom at the European Artificial Intelligence Observatory April 2, 2019
This document discusses media pluralism in Central and Eastern Europe based on a presentation by Dr. Václav Štětka. It finds that many countries in the region have seen declines in media freedom and pluralism in recent years. Common issues include high concentration of media ownership, lack of transparency, political influence over public media, and threats to editorial independence. Countries like Poland, Hungary and the Czech Republic are highlighted as having particularly concerning trends, such as political takeovers of public media and attempts to control independent outlets. Overall, illiberal populism is seen as a threat to journalists and trust in news media in the region. The document calls for the EU to do more to protect media pluralism and independence.
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1) Economic consolidation in the digital advertising market poses a threat to media plurality as a small number of large tech companies like Google and Facebook dominate online advertising revenue.
2) Technological changes introduced by digital platforms could threaten quality of information by reducing the diversity of news sources and enabling the spread of disinformation.
3) The MPM 2020 project aims to update the existing Media Pluralism Monitor to better assess new digital-age risks to media plurality from factors like social media microtargeting, algorithmic news personalization, and filter bubbles.
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Presentation from Lubos Kuklis of ERGA (European Regulators Group for Audiovisual Media Services).
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How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
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This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
Reimagining Your Library Space: How to Increase the Vibes in Your Library No ...Diana Rendina
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Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
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Chapter 4
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Chapter 5
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Chapter 6
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Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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1. Intermediaries’ liability for hate speech
Giovanni Sartor
EUI - European University Institute of Florence
CIRSFID - Faculty of law, University of Bologna
March 26, 2012
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 1 / 15
2. The user-generated internet
Internet users write the web, by inputting materials in various containers:
web sites (web pages)
blogs
on-line repositories of texts (scribd), photos (flickr), movies
(youTube), music, etc.
social network
on line forums, comments to other people’s blogs, etc.
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 2 / 15
3. Making the provider liable
Should providers be liable (for torts and/or crimes: copyright, libel,
defamation, hate crimes, child pornography, etc.) when:
hosting material such that its posting is illegal (to the detriment of
privacy, copyright, equality-dignity, etc.)
taking down material such that its posting is legal (to the detriment of
freedom of speech, political or economic freedoms, etc.)
Problem: should there be immunity when uploading/keeping illegal
material; and/or taking down legal material?
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 3 / 15
4. The basic legal discipline
Host providers are immune from civil and criminal responsibility for illegal
user-generate content:
in the US according to two instrument:
the DMCA (digital millennium copyright act), which provides immunity
from copyright violations
the CDA (communications decency act) which provides broader
immunity from other kinds of illegal content
in Europe according to the E-Commerce Directive, which addresses all
kinds of illegal content
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 4 / 15
5. Should the provider be responsible? Yes
Since, at least with regard to civil liability
the provider is profiting from access to the hosted information
(fairness)
the provider is identifiable and has the resources for covering
compensation (compensation, risk sharing)
the provider can and should be incentivised to prevent damage by
removing or filtering illegal information (prevention/efficiency)
Current immunities should be eliminated. They are subventions to
providers, which are no longer needed now that (some) providers enjoy
huge economic success
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 5 / 15
6. Should the provider be responsible? No
Since,
the provider has not created the content
making the provider liable will impose costs on the provider and put at
risk the current business model (free access)
the provider will likely exceed in censorship: if it were considered to be
liable it will remove all content having even a small chance of being a
source of liability (freedom of expression)
Immunities should be preserved and strengthened. The provider only has a
small benefit from the presence of particular materials on its platform, a
much larger benefit goes to the uploader and to society: incentive to take
down outweighs incentive to preserve even when social interest requires
preserving.
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 6 / 15
7. First model. Notice and take down: DCMA 512
Immunity for hosting- No liability for the provider that complies with notice
and take down. The procedure:
right holder sends notice of infringing material to the ISP’s agent
provider takes down and informs customer
if customer sends counter-notice, then provider informs right-holder
if right-holder does not bring lawsuit, provider puts back material
Immunity for removing. Provider immune if content:
claimed to be infringing
appearing to be infringing
Plusses: Passive role for provider, involvement of the uploder
Minuses: Noticed provider tend to take down any material, to avoid liability
(but uploader has chance to respond).
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 7 / 15
8. Second model. Absolute immunity: CDA, section 230
Full immunity for hosting:
providers are not responsible for hosting illegal material (except
copyright)
limited possibility of injunctions against providers
Immunity for removing:
immunity for screening objectionable content
immunity for deleting such content
Are providers allowed to engage in censorship, to maintain civility? Yes if in
good faith.
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 8 / 15
9. Third model: immunity when not knowing. EU e-commerce
directive
Provider not liable for hosting illegal content if:
has no actual knowledge of illegal material (and for damages has no
knowledge of facts from which the illegal information is apparent), or
upon obtaining such knowledge or awareness, acts expeditiously to
remove or to disable access to the information
Member states may not impose general obligations on providers
to monitor the information
to actively to seek facts or circumstances indicating illegal activity
No clear indication of immunity for removing content
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 9 / 15
10. Problem. What is knowledge of illegality?
Knowledge of the illegality of hosted material x involves 2 aspects:
1 factual knowledge: material x is hosted on the provider’s server
2 legal knowledge: material x is illegal
Some issues
What is knowledge of illegality: true belief (the knower views the
contrary as impossible or absurd)?
Should the provider actively engage in getting legal knowledge?
What should it do with regard to the vast area of penumbra (or
rather, the gradual dimming) between the light of legality and the
darkness of illegality?
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 10 / 15
11. Fourth model: The administrative model
A public authority gives presumptive indications on what to take down:
law enforcement authority (injunctions)
independent authority (Hadopi-FR, Italian AGCOM, for copyright,
data protection supervisors, etc.)
public administrations
Plusses: filter on unreasonable requests
Minuses: difficulty in challenging the authority’s decision, possibly no
involvement of uploader
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 11 / 15
12. The 2010 draft Council recommendation for Public-Private
Partnership to Counter the Dissemination of Illegal Content
Combination of models 1, 3 and 4:
binding legal request from law enforcement authority → obligation to
take down
notification from citizen → obligation to take down if content is
clearly illegal
notification from law enforcement authorities or authorised complaint
hotline → obligation to take down unless content is considered to be
legal, in this case notify authority
Issues:
no right of the up loaders to counterclaim (they are excluded from the
process)
no clarity on immunity for taking down legal material (providers can
free themselves of any responsibility through contracts with users)
incentive to censorship (it is always the safer choice)
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 12 / 15
13. Legality-illegality in the recommendation
IPSs should categorise materials they are notified about into there classes:
Certainly legal →Obligation to take it down if binding request by
authority, obligation to take down or permissible to take down if
notified by citizens or authorised complain lines
Possibly legal and possibly illegal → Obligation to take it down if
binding request by authority or authorised complain lines. Permissible
if notified by citizens.
Certainly illegal → Obligation to take it down whenever notified
How to check whether content falls within what category?
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 13 / 15
14. Conclusions
Providers cannot and should not have the obligation to prevent on-line
hate speech (no preventive filter on speech). A good thing, possibly:
hate comes to the light, and society can express its judgment on it
and take appropriate decisions. Right to respond for victims?
Providers may be compelled to take down hate materials, but
respecting the adversarial principle (unless material is anonymous),
possibly on the basis of a presumptive authoritative assessment, but
judges should have the last word.
Providers should not be obliged to assess the legality of materials, but
they should be permitted to take down in good faith inappropriate
materials, depending on the kind of platform (considering how easily
users can avoid exposure).
Uploaders should be given a role and enabled to express their opinion.
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 14 / 15
15. This is the end!
Thanks for your attention!
giovanni.sartor@eui.eu
G. Sartor (EUI-CIRSFID) Intermediaries’ liability for hate speech 15 / 15