TAILIEUCHUNG - Freedom of Expression on the Internet - A study of legal provisions and practices related to freedom of expression, the free flow of information and media pluralism on the Internet in OSCE participating States

Whenever new communications and media platforms have been introduced, their innovation and application was met with scepticism, fear or outright banning by the ruling parties and authorities who feared the unknown medium, and its capacity to oust them from power. Therefore, new (mass) media historically face suspicion, and are liable to excessive regulation as they spark fear of potential detrimental effects on society, security and political power structures. This has proven true in the publication and transmission of certain types of content from the printing press through the advent of radio, television and satellite transmissions, as well as other forms. | osce Organization for Security and Co-operation in Europe The Office of the Representative on Freedom of the Media Dunja Mijatovic Report Freedom of Expression on the Internet A study of legal provisions and practices related to freedom of expression the free flow of information and media pluralism on the Internet in OSCE participating States The report has been commissioned by the Office of the OSCE Representative on Freedom of the Media. It was prepared by Professor Yaman Akdeniz Faculty of Law Istanbul Bilgi University Turkey. This report presents the conclusions of the first comprehensive research on Internet content regulation in the OSCE region. A preliminary report was prepared and published in view of the OSCE review conference and OSCE Astana Summit 2010. The information contained in this report is based on data received from OSCE participating States as well as bona fide sources in response to a questionnaire sent out on 23 September 2010. Yaman Akdeniz recent publications include Internet Child Pornography and the Law National and International Responses London Ashgate 2008 ISBN 0 7546 2297 5 Racism on the Internet Council of Europe Publishing 2010 ISBN 978-92-871-6634-0 . For further information about his work see http about . Akdeniz can be contacted at . 2 TABLE OF CONTENTS Introduction 4 OSCE commitments 7 METHODOLOGY 8 A. Internet Access 10 B. Internet Content regulation 13 C. Blocking Filtering and Content removal 22 D. licensing and Liability related issues and Hotlines to report Illegal content 28 E. conclusions and recommendations 33 overview of laws and practices on internet content regulation in the OSCE AREA 37 A. Internet access 37 Internet Access - A Fundamental Human Right 37 Legal provisions which could restrict users access to the Internet 38 Legal provisions guaranteeing or regulating Net Neutrality 40 Conclusion to Part A 47 B. Internet content regulation 48 Legal provisions outlawing racist .

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