2004 Yearbook of the OSCE Representative on Freedom of the Media

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• Most Internet legislation is aim ed at the World Wide Web (WWW). Aw areness should be raised about the negative im pact this can have on different Internet-related com m unication system s such as chat environm ents, file transfer protocol servers (ftp) or peer-topeer netw orks, Usenet discussion groups, audio and video stream s (including live sound and im age transm issions), and finally the ubiquitous e-m ail com m unications. WWW content represents only a fraction of the w hole of the Internet and different levels of privacy for different form s of com m unications m ust be observed. A provider m ust not be held responsible for the m ere conduit or hosting of content. • Search engines em body the core concept of the Internet: global accessibility and connectivity of content. Filtering or lim iting their content searches w ould betray their basic m ission w hich is to deliver com prehensive and reliable results. Autom ated search engines should not filter, and m ust not be held responsible for the content of the results they produce.

B. Self-regulatio n, Co -regulatio n, State Regulatio n Regulation • Regulation of the Internet should be lim ited to fields w here it is unavoidable. Preferably the Internet should be seen as a space that w orks best autonom ously and w ithout any intervention. If regulation appears unavoidable, it should be applied according to the principle of subsidiarity, m eaning that regulation should be as close to the source of trouble as possible – close both in term s of geography and com petence. Within regulatory and co-regulatory bodies, transparency, accountability and the right to appeal should be observed to at least the sam e degree as in classic m edia. • Procedures and patterns of behaviour have evolved among users of the Internet. “Netiquette” w as the first informal code of conduct that w as not developed by law makers or industry representatives but users w ho w anted to utilize the Net for themselves in a civilized w ay. This logic should be extended and made popular among all Internet users. It should also serve as a blueprint for other forms of regulation. • When structures or institutions for Internet regulation are being designed they should follow the m ulti-stakeholder approach of governance that includes “governors” from different segm ents of PRO JECTS 2004

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