WRITTEN QUESTION E-3070/97 by Amedeo Amadeo (NI) to the Commission (2 October 1997)

Subject: Protection of minors in audiovisual services

The Commission has published a Green Paper on the protection of minors and human dignity in audiovisual and information services (COM(96) 483 final).

As far as the protection of minors and human dignity is concerned, the legal and regulatory framework governing illegal and harmful material provided by new media services, which is published and distributed through 'closed' systems such as VOD (video on demand), should include the principles currently governing laws and regulations on existing media such as television, or should be largely based on them.

Will the Commission take steps to ensure that illegal and harmful content made available by new media services and published and distributed via 'open' systems such as the Internet is subject to specific laws, regulations and penalties?

Joint answer to Written Questions E-3068/97, E-3069/97, E-3070/97 and E-3071/97 given by Mr Oreja on behalf of the Commission (13 November 1997)

Following consultations on the Green Paper ' Protection of minors and human dignity in audiovisual and information services', a broad consensus was reached on the fact that strictly speaking there is no legal vacuum with regard to the protection of minors and human dignity, including on-line and off-line services. In accordance with the principle of territorial sovereignty, the law applies on the national territory and the principles applicable to off-line services are applicable to on-line services. The main problem is posed by the difficulty in applying often general principles; clarification and adjustment are frequently necessary.

It emerged from consultations on the Green Paper ((SEC(97) 1203. )) that Coordination of national responses to common objectives to be attained by the Member States, industry and the parties involved and the Community would strengthen the effectiveness of national measures. The Commission also bears in mind the action taken on the Green Paper by the other institutions and on the communication on illegal and harmful content on the Internet ((COM(96) 487 final. )), namely the Council resolution of 17 February 1997, the Parliament resolution of 24 April 1997 and the two reports by the Internet working party presented to the Council on 28 November 1996 and 27 June 1997.

In order to create a climate of confidence for operators and users, a communication on the follow-up to the Green Paper accompanied by a proposal for a Council recommendation on the protection of minors and human dignity in audiovisual and information services is being drafted. The aim of the common minimum guidelines for on-line services will be to develop coherent national self-regulatory frameworks. A drive towards cooperation will be encouraged at European level, thereby making it possible to find solutions and develop common tools. Such cooperation will also lead to greater international coopration.

Effective protection of minors in on-line audiovisual and information services revolves around four axes: informing users of inherent risks and existing means of protection; adopting sound practices with regard to the presentation of harmful material to minors which implies using, for example, protective means such as a warning page, descriptive labelling or classification of material and a system for checking the age of the users; support for parental control by providing easy-to-use flexible services or mechanisms (filtering software installed by the users or filtering options activated by the operators in order to give access only to specific sites identified beforehand) and centralised handling of complaints. This matter will be dealt with in the proposal for a recommendation which is being adopted by the Commission.

While the free provision of broadcasting services is guaranteed under Directive 97/36/ EC of the European Parliament and the Council of 30 June 1997 amending Council Directive 98/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities ((OJ L 202, 30.7.1997. )), known as the 'Television without frontiers' Directive, cross-border movement of other types of audiovisual and information services falls within the legal framework of the EC Treaty itself, and is covered by the principle of freedom to provide services. (Article 59). However, the Member States can take non-discriminatory measures, on grounds of the general interest, provided that such measures are strictly commensurate with the objectives in view and that no other less restrictive measure exist.

As part of the implementation of the proposal for a Council recommendation on the protection of minors and human dignity in audiovisual and information services, the planned cooperation systems will make it possible to combat material which is manifestly illegal in all the Member States (assaults on human dignity such as child pornography). It can be reasonably expected that the establishment of a cooperation system will, in time, encourage the development of appropriate procedures to deal with cases where material is legal in one Member State and illegal in another.