Safer Internet Forum

Child Safety and Mobile Phones14 June 2005 LuxembourgInstitut fr Europisches Medienrecht Institut du Droit Europen des Mdias Institute of European Media Law Saarbrcken / BrsselAlexander Scheuer

Child Safety and Mobile PhonesSafer Internet Forum

Child Safety and Mobile Phones14 June 2005 Luxembourg

Agenda1. Legal background2. Approaches towards regulating content on/via mobiles3. Aims and principles of co-regulation4. Some examples

Preliminary remarks Protection of minors - here: against harmful content content vs. marketing harmful vs. illegal Focus on (audio-)visual content (incl. websites), not on games, etc.

Alexander Scheuer

Child Safety and Mobile PhonesSafer Internet Forum

Child Safety and Mobile Phones14 June 2005 Luxembourg1. Legal background1.1 EC level Transport of signals considered as electronic communications service Infrastructure available for delivery to mobile devices are electronic communications networks Content issues not dealt with under Communications Package of 2002 TwF Directive applicable? - similar considerations as for web-casting/streaming of TV programmes Otherwise: information society service (eCommerce Directive) or else (eg radio - unregulated)Recommendation 98/560/EC and 2005/... (?)

1.2 National level Generally, no specific legislation in place Either existing legislation for converging media, or traditional approaches (broadcasting vs press vs internet), or horizontally applicable legislationAlexander Scheuer

Child Safety and Mobile PhonesSafer Internet Forum

Child Safety and Mobile Phones14 June 2005 Luxembourg2. Approaches towards regulating content on/via mobiles2.1 Content on/for mobilesArguments: Technologically neutral approach: content matters! Not comparable to TV: technology matters! Most similar to Internet: mode of usage matters!

2.2 Content via mobilesArguments: Regulation as for the webpages should apply Division of Responsibility: - Internet service provider or mobile operator?- content service provider?- intermediaries? - Parents?

2.3 Regulating at all? To date little/no activity by the state Industry-action on voluntary (?) basis dominantAlexander Scheuer

Child Safety and Mobile PhonesSafer Internet Forum

Child Safety and Mobile Phones14 June 2005 Luxembourg3. Aims and principles of co-regulation3.1 Aims Safeguarding public policy objectives Finding the right balance between state legislation/regulation and responsibility of providers More flexibility, taking advantage of skills within the industry (and other stakeholders)

3.2 Principles State sets (general) legal framework State maintains fallback competencies Non-state bodies have some/sufficient room for manoeuvre, in particular through adopting rules, handling cases and (possibly) applying sanctions (effective enforcement) Non-state bodies are recognised by industry

3.3 ResearchOngoing study Co-regulatory measures in the media by HBI and EMR for DG Information Society and Media Interim Report published (europa .../comm/avpolicy) 2nd Workshop in autumn/winter 2005: presentation of Draft Final Report

Alexander Scheuer

Child Safety and Mobile PhonesSafer Internet Forum

Child Safety and Mobile Phones14 June 2005 Luxembourg3. Aims and principles of co-regulation (cont.)

3.4. Protection of Minors and Mobile Media General: Building on existing tools Trans-control Specific: Rating Content description/Labeling Technical protective measures Watershed ? Enhancing parental control

Alexander Scheuer

Child Safety and Mobile PhonesSafer Internet Forum

Child Safety and Mobile Phones14 June 2005 Luxembourg4. Some examples

4.1 Italy Code of conduct for the offer of surcharged services and the protection of minors Assisted by AGCOM deliberation: duty to provide information to customers

4.2 UK IMCB - Mobile Classification Body UK Code of Practice for self-regulation of new forms of content on mobiles Specific content on/for mobile devices: classification Content accessed via mobiles: provision of filtering

4.3 Ireland Registration of 3G mobile phones Content labeling and filtering

Alexander Scheuer

Child Safety and Mobile PhonesSafer Internet Forum

Child Safety and Mobile Phones14 June 2005 LuxembourgConclusion Protection of minors necessary, also for European and national (constitutional) law reasons: positive obligation for the EC/member states New environment for broadcasters/content service providers because of ia different business models for mobile operators due to traditionally different experiences with regulation for the different players when interaction is needed for regulators (both state and non-state) in view of new challenges for all in terms of cooperation on different national and international levels Strive to find the right mix of ensuring compliance with public policy objectives and the necessary degree of regulation in order to achieve a level playing field and to enable a healthy growth of new services!Alexander Scheuer