the end of freedom_Školkay_newmedialit_bratislava, slovakia

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The End of Freedom on the Internet?

Leonardo da Vinci Project 2012-2014:New Media Literacy for Media ProfessionalsPartners: SKAMBA (SK), Media21Foundation

(BG), FOPSIM (MT) and Videovest (RO).This presentation was prepared by SKAMBA and is free to

use under condition of acknowledging authorship

Dr. Andrej Školkay

Former SLO Prime Minister Janez Janša and „Finnish

Slander“

A bribery in a 2006 arms deal to select Finnish contractor Patria for the supply of armoured vehicles for the Slovenian army:2 years, 2013-2014







Ljubljana's district court ordered Dec. 13 2011 Finnish television YLE and its journalist Magnus Berglund to pay Jansa 15,000 euros ($19,800) in compensation for damages for libel from YLE over a report it made in 2008 implicating him in a bribery case.

A former Slovenian police commissioner, Bojan Potocnik, who claimed in an interview with Berglund that Jansa had received bribes from a defense firm, was made to pay him 6,500 euros in damages. Both YLE and Potocnik will also have to publicly withdraw their claims on Slovenian and Finnish national television, the court decided.

Former SLO Prime Minister Janša and „Finnish Slander“

While the court said that YLE reporter Magnus Berglund had sufficient grounds to believe that Janša took bribes, Berglund should have given Janša a chance to tell his side of the story. That said, the court did not take a stand on whether Janša was guilty of bribe-taking.

BUT.......

1. No Regulation

2. Self-Regulation

3. Co-Regulation (a special case ISPs)

4. Statutory Regulation

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NO REGULATION

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Between 2010 and 2013 alone, the CoE

adopted 17 declarations and/or recommendations with respect to

Internet-based media services

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SELF-REGULATION

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Individualised institutional

self-regulation

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no transnational body which would could serve as a self-

regulatory body for journalists and the media at the international or even

European level

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the CoE 2001 continued in calling for self-regulation of `cyber-content,,

but in 2011/2012 it recognised that this may be a problematic approach.

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CO-REGULATION

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Seems to be a preferred option for the CoE and also the EU, yet this option is

more developed for ISPs than for NOMS in general.

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STATUTORY REGULATION

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it is questionable whether any EU-wide self- and co-regulation will meet criteria of representativeness of the parties involved, of added value for the general interest and swift and flexible regulation

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The ECtHR: the free expression principles

apply differently to different types of media and that the nature and extent of permissible restrictions depends on the nature of the medium. In particular, “the potential impact of the medium concerned is an important factor”

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the case Editorial Board of Pravoye

Delo and Shtekel v. Ukraine

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In the EU:self-regulation or co-regulation will not be applicable where fundamental rights or important political options are at stake or in situations where the rules must be applied in a uniform fashion in all MS

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Perrin v. the United Kingdom

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DELFI AS v. ESTONIA

Joined Cases C‑ 509/09 and C‑ 161/10

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The B children (SK-UK Case, 2012-2013)

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The B children (SK-UK Case, 2012-2013)

Message: URGENT IMPORTANT

Ifyou disobey this order you may be found guilty of contempt of court and may be sent

to prison or be fined or have your assets seized. You should read the order carefully. You are advised to consult a solicitor as soon as possible. You

have the right to ask the Court to varyor discharge the order.

We would be most grateful if, as partof this process,

you could immediately alert all media in Slovakia or Slovakian media known to you in London of the existence of this order.

requesting the assistance of the Slovak State in preventing any breach of this order.




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.

REPORTING RESTRICTING ORDERFRIDAY 9TH NOVEMBER 2OI2

IN THE COURT OF APPEAL

1. DurationSubject to arly different order being made in the meantime, this order

shall have effect until 6 May 2013 or until they earlier cease to be subject to the jurisdiction of this court.

2. Who is boundThis Order binds all persons and all companies …. who know' that the

Order has been made.

3. Publishing rectrictionsThis Order prohibits the publishing or broadcasting in any newspaper,

magazine, public computer network, intenet website, sound or television broadcast or cable or satellite programme service

the name and curent or future address of:-




NOMS are becoming subject to more frequent and more precise statutory regulation,

but this regulation can be expected to be graduated (as suggested by CoE) and less strict (in line with ECtHR rulings) than that for the

traditional media

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the end of freedom_Školkay_newmedialit_bratislava, slovakia

Presentations & Public Speaking

skamba sk

media professionals

new media literacy fo

vinci project

media21foundation bg

fopsim mt

internetbased media

self regulation