The debate is ongoing in the U.S. over how and to what extent the rules that apply to traditional print and broadcast media should apply to new broadband networks. The questions were answered, at least in part, for network owners and webhosters when Section 230 of the CDMA was enacted in the '90's and they were given common carrier immunity in most cases. Attempts to apply other regulations on broadband networks have been slowed by the inapplicability of the resource "scarcity" rationale that underlies much of the (non-pornography-related) regulation of traditional electronic media and the correspondingly stronger First Amendment interests. As a result, the rules and the potential liability of the new media - individuals and entities that distribute their product/content over networks that they neither own nor lease - are now being hammered out largely in piecemeal litigation.
The EU seems to be taking a different tack. Several publications had articles last week about the negative reaction of Internet and content companies to the proposed new EU regulations. The EU would apply to the new broadband media most of the restrictions that apply to the "old media," including those limiting hate speech, advertising, and the type of material shown to children.
Technology Review had a good summary of the reaction:
Media and technology companies are warning that proposed European Union broadcasting rules would restrict the growth of emerging media formats such as video broadcasts on the Internet and mobile phones.
On Tuesday, an alliance of British-based companies -- including ITV PLC, Yahoo Inc., Vodafone Group PLC, Intel Corp. and Cisco Systems Inc.'s UK subsidiary -- said a European Commission proposal to impose rules for traditional broadcasters on new media providers could have ''unintended consequences'' and hurt investment.
The European Commission wants to create a level playing field by making TV and TV-like services -- such as broadcasts over high speed broadband and third-generation mobile phones -- follow the same set of rules. Those rules include limits on hate speech, advertising and the kind of content that can be broadcast to children. . . .
The EU proposal could ultimately mean less investment for an area that has enormous growth potential -- leading to fewer companies, less innovation and higher prices, the group said in a statement.''Many services unconnected to scheduled broadcast television will be unintentionally caught,'' it said.
''Citizen media such as blogs, video-casts and the like are one of the most exciting developments enabled by new technology. This phenomenon has the potential to create new businesses ... but this proposed regulation severely risks stunting its growth,'' it said.
EU officials were not immediately available Tuesday to respond to the criticism, but the European Commission has insisted that it has no plans to regulate the Internet.
The European Internet Services Providers Association also is concerned about the ''lack of clarity'' in the EU draft law and is unsure what kind of technologies would be governed by the stricter rules, said Richard Nash, the association's secretary general. . . .
* * *
It's not clear whether the proposed EU law will go into effect. It must be approved by the European Parliament and 25 EU governments.
Comments