Centre for
Criminal Justice Studies, Law Faculty,
University of Leeds, Leeds LS2 9JT, UK.
URL: http://www.cyber-rights.org
Fax: +44 (0) 113 2335056
A speech for the "Filters, PICS, the Internet and the First Amendment" Conference organised by Freedom Forum
Tuesday, June 9, 9 a.m. - 11:30 a.m. EDT
Copyright © 1998-2001 Yaman Akdeniz
After much recent publicity concerning the availability of materials on the Internet that are offensive to many people (e.g. racist and Nazi propaganda, bomb making instructions, and sexually explicit content), and the difficulties created by the enforceability of national laws, Internet content rating systems and filtering software are developing, with broad support by the government agencies, by the Internet industry and by the European Union. These new technologies are introduced and presented as a means to avoid heavy handed public regulation of Internet content by governments but there are many problems, however, associated with rating and filtering systems as will be explained in this paper.
The paper will include a description and a critique of the development of these systems within both national and international level. These will include the current initiatives within both United Kingdom and the European Union. The rating systems and filtering software are defective and in most cases they are used for the exclusion of socially useful web sites and information. The general excuse remains as the protection of children from harmful content and also the duty of the industry to give more choices to the consumers.
The paper will conclude that with rating systems and the moral panic surrounding Internet content, the Internet could be transformed into a “family friendly” medium, no more adventurous than the likes of the BBC. Thus, a situation of “Disney Dilemma” will be witnessed, where only anodyne Internet content, probably generated by international media corporations, will be allowed to circulate. The chance to create a virtual market-place of ideas, including the challenging and offensive, will be lost.
Akdeniz, Y., "Governance of Pornography and Child Pornography on the Global Internet: A Multi-Layered Approach," in Edwards, L and Waelde, C eds, Law and the Internet: Regulating Cyberspace, Hart Publishing, 1997, pp 223-241. See http://www.leeds.ac.uk/law/pgs/yaman/governan.htm.
Akdeniz, Y., "The European Union and illegal and harmful content on the Internet," (1998) Journal of Civil Liberties 3(1), March, 31-36.
Akdeniz, Y., "Child Pornography on the Internet," [1998] New Law Journal 148 (6833), 451-452.
Akdeniz, Y., "To Link or Not to Link: Problems with World Wide Web Links on the Internet," (1997) Int. Review of Law, Computers and Technology 11 (2), pp 281-298.
Walker, C., & Akdeniz, Y., "The Governance of the Internet in Europe with Special Reference to Illegal and Harmful Content," paper to be presented at the Inet98 Conference, Geneva, Switzerland, July 1998. See http://www.isoc.org/inet98/.
Cyber-Rights & Cyber-Liberties (UK) Report, "Who Watches the Watchmen: Internet Content Rating Systems, and Privatised Censorship," November 1997, http://www.leeds.ac.uk/law/pgs/yaman/watchmen.htm.
Internet Watch Foundation consultation document - "Rating and Filtering Internet Content - A United Kingdom Perspective," at http://www.internetwatch.org.uk/rating.html.
European Commission Communication paper, "Illegal and Harmful Content on the Internet," Com (96) 487, Brussels, 16 October 1996. An on-line copy is available at http://www2.echo.lu/legal/en/internet/content/content.html.
European Commission Green Paper on "Protection of Minors and Human Dignity in Audovisual and Information Services," Brussels, 16 October 1996. An on-line copy is available at http://www2.echo.lu/legal/en/internet/content/content.html.
European Commission Communication, "Action Plan on promoting safe use of the Internet," 26 November 1997, at http://www2.echo.lu/legal/en/internet/actplan.html.
European Commission Communication on "International Charter: The need for strengthened international co-ordination," COM (98) 50, February 1998, at http://www.ispo.cec.be/eif/policy/com9850en.html.
Global Information Networks, Ministerial Conference, Bonn 6-8 July, 1997, http://www2.echo.lu/bonn/conference.html.
Interim report on Initiatives in EU Member States with respect to Combating Illegal and harmful content on the Internet, Version 7 (June 4, 1997), http://www2.echo.lu/legal/en/internet/wp2en.html.