Presentation at the conference Freedom and privacy on the Internet (FPI), 2012, Skopje, Macedonia

1. Content Regulation and
Censorship – What is the
Difference?
Snezana Trpevska, senior lecturer
School of Journalism and Public Relations
Skopje, 22 May 2012
www.metamorphosis.org.mk/fpi #fpi12

2. What is regulation?
Formal and compulsory rules about the
structure, conduct or content of the media
• Radio and television are traditionally subject to
strongest content regulation
• Print media content is not formally regulated, but
they are subject to other laws (libel/defamation,
privacy, copyright etc.)
• Internet content is subject to smallest regulation
(AVM or TV-like services)
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3. What is self-regulation?
Informal and voluntary adopted rules at industry
or individual media level
• Goals, guidelines or principles, rather than fixed or
compulsory standards
• Mostly present in the print media sector (codes of
conduct, press councils, media ombudsmen etc.)
• It is most convenient form of regulation of the
Internet sector
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4. Content regulation of traditional
media
Only television and radio are regulated with
broadcast legislation
• First Broadcasting Law in 1997
• New Broadcasting Law in 2005
• New law is drafted to align with AVMS Directive
• Code of Conduct of AJM and Council of Honor
• AJM Initiative for self-regulation
• Provisions of other laws (libel/defamation,
copyright, data protection, hate speech,
pornography etc.)
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5. Independence of the regulator
Status & Powers
Accountability &
transparency
Financial
Autonomy
Knowledge Autonomy of
decision makers
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6. Regulating Internet Content?
Widespread availability of various ‘harmful’ content
on Internet raised concerns in many countries
• New legal provisions are introduced in response to
dissemination of illegal or ‘unwanted’ content.
• Of particular concern is:
terrorist propaganda, racist content, hate speech,
sexually explicit content, child pornography,
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7. Internet specific features
However, specific features of the Internet require
different approaches to its regulation
• Internet combines the traits of the traditional media,
and poses problems for regulation.
• The “sovereignty” of content control is diminished.
• Internet’s nature as private, public and commercial
sphere
• Globalization of information, user-driven content and
creation of global public sphere
www.metamorphosis.org.mk/fpi #fpi12

8. Illegal and harmful content
Content considered as harmful does not always fall
within the boundaries of illegality.
• Illegal content is criminalized by national laws
• Harmful content is considered offensive or
objectionable, but is not considered criminal
• States differ in terms of categorizing content as illegal
or “harmful” – harmonization is complicated
• European Commission emphasized this fundamental
difference and called for very different legal and
technological responses
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9. Content subject to regulation
EU document "Illegal and harmful content on the
Internet“ (1996):
• national security (instructions on bomb-making, illegal drug production,
terrorist activities);
• protection of minors (abusive forms of marketing, violence, pornography);
• protection of human dignity (incitement to racial hatred or racial
discrimination);
• economic security (fraud, instructions on pirating credit cards);
• information security (malicious hacking);
• protection of privacy (unauthorized communication of personal data,
electronic harassment);
• protection of reputation (libel, unlawful comparative advertising);
• intellectual property (unauthorized distribution of copyrighted works,
software or music)
www.metamorphosis.org.mk/fpi #fpi12

10. Legal provisions – comparative review
OSCE study: Freedom of expression on the Internet
(2010)
• Racist content , xenophobia and hate speech - 45 countries (80.4%)
• Denial, gross minimisation, approval or justification of genocide or
crimes against humanity - 23 countries (41.1%)
• Incitement to terrorism, terrorist propaganda and/or terrorist use of the
Internet - 40 countries (71.4%)
• Child pornography – 43 countries (76.8%)
• Internet piracy - 44 countries (78.6%)
• Libel and defamation - 36 countries (64.3%)
• “extremism” or “extreme speech” - 20 countries (35.7%)
• distribution of “harmful content” - 19 countries (33.9%)
Available at: http://www.osce.org/fom/80723
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11. Challenges to freedom of expression
• Content regulation developed for traditional media cannot
simply be applied to the Internet
• increased legislation of online content has led to restrictions
on the free flow of information and the right to freely impart
and receive information
• Definitional problems regarding speech-based restrictions:
extremism, terrorist propaganda, harmful or racist content,
and hate speech
• Defamation has yet to be decriminalized
• “three-strikes” legal measures to combat Internet piracy
• Independence of regulators (both for media and data
protection)
www.metamorphosis.org.mk/fpi #fpi12