Opinion of the Economic and Social Committee on the 'Proposal for a Council Recommendation concerning the protection of minors and human dignity in audiovisual and information services` (98/C 214/07)

On 16 December 1997 the Council decided to consult the Economic and Social Committee, under Article 130 (paragraph 3) of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 1 April 1998. The rapporteur was Dame Jocelyn Barrow.

At its 354th plenary session (meeting of 29 April 1998) the Economic and Social Committee adopted the following opinion by 114 votes to one with two abstentions.

1. Introduction

The Green Paper on the Protection of Minors and Human Dignity in audio-visual and information services () was a response to requests from the European Parliament and European Council for an in-depth examination of European public policy issues relating to the development of audio-visual and information services (referred to in this paper as the 'new services`). The Green Paper examined the issues facing the new services in ensuring the adequate protection of minors and human dignity as those services rapidly evolve from traditional closed systems broadcasting to the open system on-line services and the hybrid systems such as web-casting. The Green Paper highlighted the fact that the very nature of the new services is raising issues which are often not just national or even European but global. The Green Paper analysed the situation as a whole and looked at the role of all players in the new services, from governments and service providers to the individual user, whilst paying particular attention to initiatives at a European level. It described the evolution of the new services and analysed the existing legislation, regulation and policy at national, European and international level. It also looked at the various medium to long-term options available in addressing the issues raised by the new services, from regulation and self-regulation of the new services through to awareness and education, and the development and implementation of devices such as filtering and rating systems.

1.1. The consultation process which followed the publication of the Green Paper highlighted a number of important issues regarding the protection of minors and human dignity in the new services.

1.2. The overriding message from the consultation process is that if the new services are to develop to their full potential it is imperative to create a climate of trust; such a climate will only exist if the protection of minors and human dignity can be secured.

2. The Commission's proposal for a Council Recommendation

2.1. The proposed Council Recommendation suggests that Member States:

2.1.1. encourage relevant parties' involvement in national measures for the protection of minors and human dignity and contribute to the establishment of a European assessment method;

2.1.2. promote the establishment of a national framework of self-regulation by operators of the new services. Self-regulation should be based on:

- full participation of all relevant parties;

- code(s) of conduct covering protection of minors, protection of human dignity and procedures in the event of violation of these codes;

- cooperation of national bodies at a European level;

- evaluation of self-regulation frameworks;

2.1.3. supplement existing regulatory frameworks by encouraging broadcasters/operators to use new methods for protecting minors (e.g. V-chips and PINs ();

2.1.4. implement measures to identify, prosecute and punish offenders and develop cooperation between the police and the judiciary;

2.1.5. promote measures to enable minors to use the new services responsibly and improve awareness and introduce quality content for minors.

2.2. The Council calls on relevant parties to:

- set up structures representing all relevant parties at a national level in order to participate in the cooperation and coordination at a European and international level;

- follow up code(s) of conduct;

- develop new means of protecting minors and informing users;

- develop positive measures for minors;

- evaluate and follow-up on initiatives taken at national level.

2.3. The Council calls on the Commission to:

- network relevant national parties which are responsible for the self-regulation framework sharing experiences and information at a European level;

- encourage cooperation between police and judiciary at European level;

- promote international cooperation;

- develop procedures for evaluating measures taken to protect minors.

3. Specific comments

3.1. The Economic and Social Committee recognizes that the development of the new services is essential for Europe in a number of significant areas. The Committee believes that any policy for the development of the new services should be underpinned by the protection of certain basic principles including the protection of minors and human dignity. Indeed, the Committee believes that these new services can only achieve their full potential in a climate of trust, and that such a climate can only be achieved by securing the protection of minors and human dignity.

3.1.1. To this end, access to and classification of content on the new services is crucial. It is essential to differentiate between content which is illegal and content which is harmful, as they pose different issues of principle and therefore different legal and technological approaches must be taken.

3.1.2. Illegal content can be identified easily and dealt with under existing laws and regulations. However, the question of how to define harmful content is one which must be considered further. Any system for protecting minors needs to ensure that minors do not have access to content which could be harmful to their physical or mental development, whilst at the same time allowing adults access to such content.

3.1.3. The definition of illegal content and harmful content may vary from country to country; while certain content may be illegal in certain countries, the same content may be legal in other countries. This means there may be practical difficulties in enforcing regulations from country to country. In addition, the definition of harmful content is influenced by what may offend certain values and beliefs and often depends on cultural differences.

3.1.4. It is becoming increasingly apparent that because of the lack of protection for minors from illegal and harmful content, parents are reluctant to allow their children access to the new services. One practical solution to deal with this issue would be to ensure that the quality of content available on the new services is subject to certain minimum standards and that content specifically aimed at minors is subject to more stringent regulations than that applicable to other content.

3.2. Regulatory principles

3.2.1. Any form of regulation, whether formal regulation or self-regulation, should be sensitive, proportionate and non-discriminatory. Over-regulation will stifle the growth of the new services and the benefits which could be obtained on a national, European and international level.

3.2.2. Self-regulation will encourage the development of the new services by providing a flexible means of adapting to the increasing globalization and rapid development of the new services.

3.2.3. Maximum use of existing regulations, policies and procedures should be made in those cases where they can be adopted seamlessly for the new services.

3.2.4. Procedures should be implemented to ensure regular evaluation of self-regulatory policies and procedures at a national, European and international level.

3.2.5. Regulation should be 'technology-neutral`: as few as possible new regulations, policies and procedures should be specific to the new services.

3.2.6. Alternatives to regulation, such as education, awareness-raising initiatives and labelling, should be encouraged.

3.2.7. Licensing of ISPs (Internet Service Providers) and organizational content providers would allow regulators to attach conditions and sanctions to licences which could then be invoked if illegal or harmful content was made available to minors.

3.2.8. Regulation must impinge as little as possible on fundamental principles of privacy and freedom of expression.

3.2.9. Specific penalties should be introduced for violation of regulations and codes of conduct.

3.2.10. Regulatory bodies and other relevant bodies whose remit is the new services should be well publicized at a national, European and international level.

3.3. Content liability

3.3.1. Content providers should be prima facie responsible for content. Service providers should not be responsible for content.

3.3.2. A kind of 'Euro PICS` () should be developed and adopted as a Europe-wide standard tool for the development of a rating system and software for filtering content. 'Euro PICS` should then be integrated into PICS. Until such time as 'Euro PICS` is developed, PICS should be adopted as the global standard, as this will provide control over access to content.

3.3.3. There should be further research into the development of a limited number of globally accepted rating systems and filtering software which would address the global content issues together with the use of warning pages, visual and sound signals for 'harmful` content.

3.3.4. The Commission and established international organizations should co-ordinate relevant parties to discuss content issues, rating systems and filtering software.

3.3.5. Third-party labelling of content should be encouraged as an additional option.

3.3.6. Self-regulation of content and parental responsibility should be the primary methods of control over access to content.

3.3.7. Quality of content is to be ensured by establishing minimum standards, which in turn should be enforced by the regulatory bodies.

3.3.8. As has been mentioned earlier, a distinction must be drawn between illegal and harmful content, as these two types of content require different approaches. Globally accepted minimum criteria should be adopted; individual states should then be able to adopt more stringent criteria, if desired.

3.4. Organizations

3.4.1. European presence in global new services Associations is disproportionately lower than that of North America. These Associations play a pivotal role in addressing new services, issues, policies, processes and procedures. Active European presence is fundamental to ensure a sound, stable and sustainable international forum.

3.4.2. There is a greater need for participation by European industry in global associations in order to retain awareness of the issues affecting the new services, ensure development on an internationally equitable basis and provide a vehicle to address specific European requirements (e.g. cultural and linguistic differences).

3.4.3. It would be useful for European interests if there was a co-ordinated approach at an international level to the issues surrounding the new services. There should also be European bodies to co-ordinate any approach on a European level.

3.5. Education

3.5.1. As the future opportunities and career prospects of today's minors will be heavily influenced by the new services, it is crucial for minors to be able to integrate the use of the new services into their education process.

3.5.2. Education in respect of content and the acceptability of content should be encouraged for adults and educators.

3.5.3. Regional and national training centres and educational institutions should be established to develop training in this context for parents and educators. Educational policies concerning the new services should encourage the interconnection of national and regional schools' networks.

3.5.4. New educational learning strategies and teaching methods specifically aimed at the new services should be introduced.

3.5.5. There should be increased public sector assistance of the education community in the implementation of these new educational strategies. Measures should be introduced to allow parents to take advantage of education strategies and thereby help their children.

3.5.6. Educational research, policies and strategies should be European, even international in approach, to ensure full inter-operability and open standards insofar as they relate to the new services in education.

3.5.7. Reference should be made to the US four-point plan to clean-up the Internet (a parental guide to the Internet, a public awareness campaign, a zero tolerance policy for certain offenders and 'hot-lines`) and the German model, where recent legislation provides for the appointment of 'youth protection` officers (see Appendix I).

3.5.8. Procedures should be developed for the dissemination of 'good practice` on the use of the new services at a European level.

3.6. Grants

3.6.1. There should be a European-wide initiative to provide grants to encourage the development of education and awareness both on a national and European level.

3.7. Cooperation and coordination

3.7.1. As the new services are global in nature, any approach requires not only a common European approach (so that European issues can be presented in a coherent way) but also an international approach. This will require cooperation and coordination at both a European and international level. The acceptance, effectiveness and therefore success of any new service will be underpinned by the cooperation and coordination of all parties.

3.7.2. Cooperation and coordination at a European and international level must be facilitated by the networking of relevant national bodies responsible for the new services on all levels e.g. government, self-regulatory bodies, consumer groups.

3.7.3. Basic code(s) of conduct should be drawn up both at a European and international level, to be adopted and implemented by users, content providers, service providers and regulatory bodies.

3.7.4. European presence in global new services Associations is disproportionately lower than that of North America. These Associations play a pivotal role in addressing new services. It is essential for there to be a greater European participation in these international organizations so that Europe can participate on an internationally equitable basis and cater for specific European issues.

4. Conclusions

4.1. The Committee believes that the new services offer significant benefits on a national, European and international level but that the appropriate regulatory framework, policies and procedures need to be implemented if those benefits are to be realized fully. The Committee further believes that the Commission's proposal for a Council Recommendation - when coupled with its general principles, its proposals on the co-ordination of national responses and on the cooperation and pooling of experience at a European and international level - provides an appropriate regulatory framework.

In conclusion the Committee:

4.1.1. seeks an international approach to finding solutions to the issues facing the new services;

4.1.2. seeks a harmonized approach to regulation;

4.1.3. encourages the use of rating systems and filtering software;

4.1.4. recommends educational and awareness-raising initiatives;

4.1.5. encourages self-regulation where appropriate;

4.1.6. seeks clarification on responsibility for content and the distinction between illegal and harmful content;

4.1.7. seeks increased cooperation and coordination between national, European and international organizations on all aspects of the new services;

4.1.8. proposes the establishment of a European (or even internationally accepted) framework of codes of conduct, guidelines and grass-roots measures such as 'hot-lines` and youth protection officers;

4.1.9. proposes that all measures, policies and initiatives introduced in relation to the new services ensure the use of the new services is encouraged, so that the number of users will increase.

Brussels, 29 April 1998.

The President of the Economic and Social Committee

Tom JENKINS

() COM(96) 483 final.

() PIN = personal identification number.

() PICS = Platform for Internet Content Selection.