Proposal for a Council Decision adopting a Multiannual Community Action Plan on promoting safe use of the Internet
Date: 1997-11-26
Institutions: European Commission
Subjects: action programme, computer network, consumer protection, data protection, information network

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.11.1997 
COM(97) 582  final 

97/0337 (CNS) 

COMMUNICATION FROM THE COMMISSION 

TO THE COUNCIL, THE EUROPEAN PARLIAMENT, 
THE ECONOMIC AND SOCIAL COMMITTEE 
AND THE COMMITTEE  OF THE REGIONS 

Action Plan on promoting safe use of the Internet 

Proposal  for a 

COUNCIL DECISION 

adopting a Multiannual Community Action Plan on promoting safe use of the Internet 

(presented  by the Commission) 

Communication  from the Commission to the European 
Parliament, the Council, the Economic and Social  Committee 
and the Committee of the Regions 

Action Plan on promoting safe use of the Internet 

l. 

INTRODUCTION 

Driven  by  its  meteoric  growth,  the  Internet  is  currently  revolutionising  a  number  of  economic 
sectors.  Simultaneously,  the  Internet  has also become  a powerful  element  in  social,  educational  and 
cultural  fields  -  empowering  citizens  and  educators,  lowering  the  barriers  to  the  creation  and  the 
distribution of content,  offering  universal access to ever richer sources of digital  information. 

Reflecting these opportunities, the vast majority  of Internet content is for purposes of information  for 
totally  legitimate  business  or  private  usage.  However,  the  Internet  also  carries  a  limited  amount  of 
potentially  harmful  or  illegal  content  or  can  be  used  as  a  vehicle  for  criminal  activities.  While  the 
benefits  of the Internet  far  outweigh  its potential  drawbacks, these aspects  can not  be ignored.  They 
are pressing  issues  of public,  political,  commercial  and  legal  interest.  If left  unanswered,  they  could 
become the object  of strong  resistance to  Internet  use, thus hampering  a development  which has the 
promise  of  extensive  and  varied  benefits  to  all  sectors  of society.  Reflecting  those  concerns,  recent 
political discussions in the European Union have stressed the need for action and concrete solutions. 

The  Action  Plan  proposed  in  this  communication  is  an  important  element  to  combat  illegal  and 
harmful  content  on the  Internet.  To  be effective  it will be closely  co-ordinated  with  other  initiatives 
in  the  area  of  illegal  and  harmful  content.  It  builds  a  bridge  to  the  growing  co-operation  between 
police  and judicial  authorities  under  the  third  pillar.  More  generally,  it  complements  and  reinforces 
the actions in the relevant  domains, undertaken or in preparation in the Member  States. 

The  Plan  deals  with  illegal  and  harmful  content.  Illegal  content  is  sometimes  thought  to  be 
synonymous  with  child  pornography.  However,  illegal content  comprises  more;  it  relates  to  a  wide 
variety of issues: 

national  security  (instructions on bomb-making, illegal drug production, terrorist  activities); 
protection  of minors (abusive forms of marketing, violence, pornography); 
protection  of human dignity  (incitement to racial hatred or racial discrimination); 
economic  security  (fraud,  instructions on pirating credit cards); 
information  security (malicious hacking); 
protection  of privacy  (unauthorised  communication  of personal data, electronic harassment); 
protection  of reputation  (libel, unlawful  comparative advertising); 
intellectual property  (unauthorised  distribution of copyrighted works, e.g.  software  or music). 

Harmful  content  means  both  content  which  is  allowed  but  whose  distribution  is  restricted  (adults 
only,  for  instance)  and  content  which  may  offend  certain  users,  although  its  publication  is  not 
restricted because of the principle of freedom of expression. 

7 

The intense activity of the European institutions in this area since  19961, the political direction given 
by the European Parliament2  and the Council3,  the Ministerial  Declaration  resulting from the Bonn 
Conference  and the developments in Member States show that Europe has in many respects been a 
pioneer in addressing the  issues  and proposing  solutions based  on industry  self-regulation,  filtering 
and  rating,  and  increasing  user  confidence  through  awareness.  The  Commission  aims to  meet  the 
challenges posed in two ways: through a proposal  for a Council Recommendation  on Protection  of 
Minors and Human Dignity and through the present Action Plan, which is the result of the intensive 
consultations with all concerned carried out as part of this process. 

The  fight  against  illegal  content  needs  industry  co-operation  in  restricting  circulation  and  a  fully 
functioning  system  of  self-regulation  aiming at  a high level  of protection,  which  must go  hand-in-
hand  with  effective  law-enforcement  by the  Member  States  and  third  countries.  Harmful  content 
needs to be treated differently from illegal content, and here industry also has a leading role to play in 
ensuring that users have available to them, and are aware of,  the necessary tools. 

The  Commission  has  identified  areas  where  concrete  measures  are  needed  and where  Community 
resources  should  be  made  available  in  order  to  encourage  an  environment  favourable  to  the 
development of the Internet industry: 

•  promotion  of self-regulation  and creation  of content-monitoring  schemes  including  an European 
network of hot-lines4 to achieve a high level of protection (especially dealing with content such as 
child pornography, racism or antisemitism) 

•  demonstration and application of effective filtering services and compatible rating systems, which 

take account of cultural and linguistic diversity 

•  promotion of awareness actions  directed  at users,  in particular children,  parents and teachers, to 

allow them to use Internet resources provided by industry safely and with confidence. 

To be effective  these measures must be carried out in the framework of a multi-annual  Action Plan 
for the following reasons: 

•  It gives a clear signal to industry and users in the EU that the way to achieve safe use of Internet 

is active co-operation between them with support from governments. 

1 

see overview in annexe 2 

European  Parliament  Resolution  of  24  April  1997 on  the  Commission  communication  on  illegal  and  harmful 
content on the Internet, European Parliament Resolution of 24 October  1997 on the Commission Green Paper on 
the protection of minors and human dignity in audiovisual and information services (COM(96) 483) 

Resolution of the Council of the European Union and the Representatives of the Member  States meeting within 
the Council OJ No. C70, 6.3.1997, p. 1  http://www.echo.lu/legal/en/internet/resol.html 

A hot-line is a centre which allows users to report content which they come across in the course of their use of the 
Internet and which they consider to be illegal.  Action will be taken according to the report.  Reporting to a hot 
line must be made easy to the user if the service is to be effective. 

•  It mobilises a European-wide process of co-operation  and co-ordination  to  address these issues 

through concrete actions and projects. 

•  It offers  a firm basis on which to plan both immediate actions and  actions  which  will continue 

over a longer period. 

•  It includes a certain flexibility to deal with new challenges which can be expected  in view of the 

speed of technological progress and market developments in the Internet. 

•  It  ensures  the  continued  involvement  of  the  Member  States  in  and  the  consultation  of  the 

European Parliament on the measures proposed. 

2. 

THE POLITICAL CONSENSUS FOR ACTION 

In the past eighteen months, extensive work has been carried out, both at the level of the EU and in 
the Member  States.  In  addition,  various  international  fora  have  discussed  and  debated  the  issues 
raised. An overview of this work is contained in Annexe 2. 

2.1.  The approach to be taken 

The work  already  achieved  within  the  EU,  based  on  the  Communication  on  illegal  and  harmful 
content  and  on the  Green Paper on Protection  of Minors and Human Dignity,  has led  to  a broad 
agreement between European Parliament, Council and Member States on the approach to be taken. 
Illegal  content  must  be  distinguished from harmful  content.  The  two  categories  require  different 
measures to deal with them. 

• 

• 

Illegal content must be dealt with at source by law-enforcement  agencies, and their activities are 
covered  by the rules of national  law and  agreements  of judicial  co-operation.  The  industry can 
however  give  important  help  in  reducing  circulation  of  illegal  content  (especially  dealing  with 
content  such  as  child  pornography,  racism  and  antisemitism)  through  properly-functioning 
systems  of  self-regulation  (such  as  codes  of  conduct  and  establishment  of  hot-lines)  in 
compliance with and supported by the legal system and with the support of consumers. 

In tackling harmful  content, the priority actions should be enabling  users to deal with  harmful 
content  through  the  development  of  technological  solutions  (filtering  and  content  rating 
systems), to increase parental awareness, and to developing self-regulation  which can provide 
an adequate framework, in particular for the protection of minors. 

2.2. 

Support from European Parliament, Council and European governments 

Strong support has been expressed for this approach at the level of the European Parliament and of 
the Council and Member  States, as well as in the wider European  context  of the Bonn  declaration 
agreed to by Ministers from 29 European countries. 

2.2.1.  Self-regulation 

The European Parliament  has stated the need for  self-regulation  and urged  Member  States and the 
Commission  to  promote  co-operation  among  industry  (access  and  service  providers),  political 
decision-makers and users' associations.5 

The Council  requested Member  States to  encourage  and facilitate  self-regulatory  systems including 
representative bodies for Internet service providers and users, effective codes of conduct and hot-line 
reporting mechanisms available to the public. The Commission was requested to foster co-ordination 
at  Community  level  of  self-regulatory  and  representative  bodies  and  promote  and  facilitate  the 
exchange of information on best practice in this area.6 

In the Bonn Declaration,  ministers stressed the role which the private  sector can play in protecting 
the  interests  of  consumers  and  in  promoting  and  respecting  ethical  standards,  through  properly-
functioning systems of self-regulation in compliance with and supported by the legal system. 

2.2.2.  Filtering and rating 

The Parliament  has recommended  that filtering and  screening  devices  should  be  extensively  tested 
with participation of the European Union to establish their effectiveness,  accessibility and cost.7 

The Council  encouraged the provision to users of filtering mechanisms and the  setting up of rating 
systems and requested the Commission to foster research into technical issues, in particular  filtering, 
rating, tracing and privacy-enhancing, taking into account Europe's cultural and linguistic diversity. 

In the  Bonn  Declaration,  ministers  encouraged  industry  to  implement  open,  platform-independent 
content rating systems,  and to  propose  rating services which meet the  needs  of different  users and 
take account of Europe's cultural and linguistic diversity. 

2.2.3.  Awareness 

The  Parliament  called  for  the  implementation  of  a  European  campaign  and  an  information  and 
awareness  action  programme,  to  be  funded  by  the  EU  budget,  to  inform  parents  and  all  people 
dealing with children on the best way to protect minors against exposure to harmful content.8 

The  Internet  Working  Party,  composed  of  representatives  of  Member  States,  industry  and users, 
stated that awareness  activities  should be encouraged  so that users understand the  opportunities as 
well  as  the  drawbacks  of  the  Internet.  Parents  and  educators,  in  particular,  should  be  sufficiently 
informed  so  as  to  be  able  to  take  full  advantage  of  parental  control  software  and  rating  systems. 
Industry,  self-regulatory  bodies  and  user  groups  could  collaborate  in  providing  suitable  material, 
including explanations, illustrations and animation. This should be made available on the Internet and 

5  European Parliament Resolution 24 April, recital P, points 23,29, 35 
6  Council Resolution  17 February 1997 
7  EP resolution 24 October 1997, point 17 
8  EP resolution 24 October 1997, point 23 

to other media who  should  be encouraged  to produce articles or programmes aimed at the target 
groups of parents, educators and young Internet users. 

2.3. 

Initiatives by Member States 

Practical  steps  taken  recently  by  individual  Member  States  in both  areas  are  summarised  in  the 
second Working Party report. They cover inter alia: legislation, self-regulation,  hot-line initiatives 
and technical solutions. 

The report demonstrates clearly both that action is possible and that further  action is still necessary, 
since some Member States have made considerable progress on the actions described, others are at a 
stage of discussions between those concerned and others have yet to begin. 

For instance, at the closing date for the report (30 June 1997), it appears that hotlines had been set 
up in Austria, Belgium, the Netherlands and the UK.  Since then, a hot line has been established in 
Germany. Self regulatory bodies are in existence in Belgium, Germany and the UK. Discussions are 
at an advanced stage in France, Greece and Italy, and working parties have been formed in Denmark, 
Finland, Ireland and Sweden. 

The  report  also  compared  the  situation  in  Member  States  with  that  in  the  US,  which  is  now 
following a similar approach to that decided earlier by the EU. Following the Supreme Court ruling 
on the  relevant  parts  of the  Communications  Decency  Act, President  Clinton  and  Vice-President 
Gore organised  and participated  in a meeting in July  1997 where industry leaders and associations 
agreed to take steps to promote filtering and rating and awareness actions. Implementation of these 
steps will be discussed at an important industry summit in early December 1997. 

The report  states further  that  most Member States advocate an active and catalytic role of the 
Commission,  in  view  of  the  international  character  and  the  complexity  of  the  challenges 
encountered.  Such an active role should be aimed at ensuring co-ordination and convergence of 
measures between Member  States, for  instance with respect to the scope and content  of codes of 
conduct  drafted,  thereby  avoiding  distortion  of  competition  and  legal  insecurity  and 
stimulating co-operation in a number of areas. 

The report also stresses the need to actively support the demonstration and application of technical 
solutions like advanced  rating and filtering systems and to alert and inform  educators, parents and 
other users about the possibilities to combat harmful content. 

Recognising the speed  of developments and the novelty of any of the issues concerned, the report 
puts  also  emphasis  on  the  need  for  cross-border  co-operation,  exchange  of  experience  and 
development of best practices. 

In the area of illegal content, closer co-operation between industry and law enforcement  authorities 
is recommended. 

3. 

THE ACTION PLAN 

The  proposed  Action  Plan  is  specifically  aimed  at  actions  where financial support  from  the 
Community is necessary. 

It builds on the political consensus that has emerged in the past eighteen months and on the  findings 
of the Internet Working Party. It aims to: 

•  incite the actors (industry, users) to develop and implement adequate systems of self regulation; 

•  pump prime developments by supporting demonstrations and stimulating application of technical 

solutions; 

•  alert and inform parents and teachers, in particular through their relevant associations; 

•  foster co-operation and exchange of experiences and best practices; 

•  promote co-ordination across Europe and between actors concerned; 

•  ensure compatibility between the approach taken in Europe and elsewhere. 

The  Commission  has  recently  also  adopted  a  proposal  to  the  Council  to  adopt  a  Council 
Recommendation on the Protection of Minors and Human Dignity. It is important to stress that 
these two documents, while self-standing, are fully complementary, since the Recommendation is of 
a legal nature and aims to promote common guidelines for the implementation, at national level, of a 
framework  for  self-regulation  to  protect  minors and human dignity in audiovisual  and  information 
services,  and  the  Action  Plan  in  providing  financial  support  will  provide  impetus  for  market 
adoption. 

The  Action  Plan  will  be  implemented  in  close  co-ordination  with  the  proposed  Council 
Recommendation and the promotion of common guidelines for the implementation, at national level, 
of a self-regulation framework for the protection of minors and human dignity in audiovisual and on 
line information services. 

The Action Plan is also complementary to other actions under way. Co-ordination will in particular 
be ensured with the INFO 2000 programme, whose awareness actions are aimed at industry both as 
a content provider and as a user of multimedia and information  services, including but not limited to 
use of the Internet. Care will be taken to use the experience gained in the context of the action plan 
"Learning in the information  society", which is specifically  aimed at the use of Internet  as an aid to 
teaching. 

The Action Plan comprises four Action lines: 

3.1.  Action line 1 - Creating a safe environment 

The first Action  line  is  designed  to  restrict  the  circulation  of  illegal  and  harmful  content  and  to 
encourage the development of self-regulation by the industry aiming at a high level of protection and 
addressing questions of traceability. 

To this end it foresees specific support for  content-monitoring schemes such as a European network 
of hot-lines, the development  of common approaches across Europe and the exchange and transfer 
of expertise and best  practices, in particular to Member States where Internet  developments are in 
the initial stages. 

To  encourage  self-regulation  by  the  industry  and  the  development  of  codes  of  conduct,  as  also 
foreseen  in the  Council  Recommendation  on Protection  of Minors  and  Human  Dignity,  common 

guidelines will be established  and their application encouraged.  Steps will be taken for  exchange of 
information, both electronically and by regular meetings, between self-regulatory bodies and industry 
on  operation  of  codes  of  conduct  and  best  practice,  dealing  with  both  the  issues  of  illegal  and 
harmful  content,  in  full  consultation  with  national  authorities  and  representatives  of  users  and 
consumers. Measures will be taken to carefully monitor progress. 

3.2.  Action line 2 - Developing of filtering and rating systems 

Technical solutions to avoid harmful content reaching persons for whom it is not suitable or who do 
not  wish  to  receive  it,  such  as filtering and  rating  systems,  are  becoming  gradually  available. 
However, their level of sophistication is still low an they are not very suitable to deal with European 
cultural and linguistic diversity. Consequently, their uptake by European content providers and users 
remains low. 

To demonstrate their potential and encourage active involvement of European content providers and 
users,  a number  of joint  projects  will be started,  bringing together  various players  in the  Internet 
industry (content providers, software industry, service providers), users such as parents and teachers 
and  consumers'  associations.  The  results  of  these  projects  will  be  widely  disseminated  and  best 
practices  for  content  providers  and  users  elaborated.  These  projects  will  also  "be  an  important 
element in the awareness actions foreseen under Action line 3. 

In view of the global character of the Internet it is important that European solutions are compatible 
with systems applied elsewhere. Co-ordination with international initiatives will need to take place 

3.3.  Action line 3 - Encouraging awareness actions 

Awareness  about  the  potential  of  the  Internet  and,  particularly  for  certain  target  groups,  its 
drawbacks,  is  in  Europe  still  relatively  low.  Awareness  actions  to  promote  the  safe  use  of  the 
Internet and targeted  to  specific groups such as parents, teachers and children, can help overcome 
this,  for  instance  by  using  multiplier  organisations  such  as  consumer  bodies  and  other  relevant 
associations. Awareness is also the necessary complement of action lines 1  and 2, since the actions of 
industry to implement self-regulation and filtering and rating will only bear fruit if users and potential 
users are aware of them. 

The awareness  actions  are intended  to  stimulate use in the home and  schools  of Internet  services 
provided  by industry  by reducing the  cause for  concern that  may be felt  by  parents  and  teachers 
about the availability of illegal and harmful  content.  In conjunction  with the other action lines, this 
will allow the industry to be able to function in a secure environment. 

The awareness initiatives foreseen  under this Action line will be carried  out  in two  steps. The  first 
step will prepare the ground. It will encompass identification  of the most appropriate channels, the 
preparation  of basic material, and adaptation to linguistic and cultural specificities  etc. The second 
step  will  be  implementation  of  large-scale  awareness  actions  across  Europe.  The  demonstration 
projects under Action line 2.1 will make an important contribution to the content  of the awarençss 
actions.  Community  action  will  act  to  prime the  pump  of national  measures  and  provide  for  co 
ordination and exchange of experience. 

Actions, foreseen  under  this  Action  line  will  be  carried  out  in  co-ordination  with  comparable 
initiatives underway or planned in some Member States. Where no initiatives have been started yet, 
the work can help define and initiate actions, through transfer of information and expertise. 

3.4.  Action line 4 - Support  measures 

Contrary to what sometimes is suggested, the Internet does not exist in a legal vacuum. However, its 
unique characteristics  and in particular its global  nature pose  questions  such  as applicable  law and 
liability for criminal offences.  These issues are discussed and debated in many fora. Case law is being 
developed  in  many  countries.  These  developments  require  close  monitoring  and  continuous 
assessment.  It must  also be  ensured  that  the European  initiatives  taken under the  Action  plan are 
adequately co-ordinated with similar initiatives elsewhere. 

The measures foreseen under Action line 4 will address these issues, ensure coherence of the plan as 
a whole, and evaluate its impact. 

4. 

CONCLUSION 

Safe  use  of  the  Internet  has  been  recognised  by  the  Internet  industry  and  by  policymakers  as  a 
prerequisite to full  development  of its potential.  The Action Plan, together with the proposal  for a 
Council Recommendation on Protection of Minors and Human Dignity, will promote this safe use by 
encouraging a favourable environment for the Internet industry and by assisting this industry to take 
practical steps necessary to achieve this. 

It is encouraging to  see that the  approach to  promote  safe  use of the Internet,  as proposed  by the 
European Commission and supported in the Council  and Parliament in the past year, has generated 
extensive interest in other parts of the world and is increasingly being followed internationally. 

The Commission  therefore  submits the  attached  proposal  for  a Council  Decision  to  the  European 
Parliament, the Council, the Economic and Social Committee and the Committee of the Regions. 

SUMMARY OF ACTION LINES - ACTION PLAN ON PROMOTING SAFE USE OF THE INTERNET 

Annexe 1 

TITLE 

DESCRIPTION 

JUSTIFICATION 

ACTORS * 

1.  Creating a safe  environment 

1.1 Create a European 
network of hot 
lines 

Call for proposals for participating 
organisations (20-25) to 

restrict circulation of illegal material 

•  establish a European network of hot 
lines, and links between this network 
and hotlines in third countries, 

improve co-operation between industry and law-enforcement 
authorities 

•  develop common approaches 

ensure Europe-wide coverage and co-operation 

•  stimulate transfer of know-how and 

best practice 

increase effectiveness through exchange of information and 
experience 

1.2 Encourage self-
regulation and 
codes of conduct 

Calls for tender to assist  self-regulatory 
bodies to 

•  develop guidelines at European level 

for codes of conduct 

•  build consensus for their application 

•  support their implementation 

•  monitor progress 

aiming at a high level of protection and 
addressing traceability 

Council Recommendation on Protection of Minors and 
Human Dignity 

* a) actors who will play the main role in launching the action  b) and c) actors who will be consulted or involved 

a) industry: 
access and 
service 
providers, 
télécoms 
operators, 
national hot 
line operators 

b) national law-
enforcement 
authorities 

a) industry: 
self-regulatory 
bodies, access 
and service 
providers 

b) consumer 
associations 

c) government 

SUMMARY OF ACTION LINES - ACTION PLAN ON PROMOTING SAFE USE OF THE INTERNET 

Annexe 1 

TITLE 

DESCRIPTION 

JUSTIFICATION 

ACTORS * 

2 Developing filtering  and rating systems 

2.1 Demonstrate 

•  Call for proposals for projects to 

potential of filtering 
and rating 

demonstrate: 

-  validation of rating systems in relation 

to European content providers 

- 

integration of rating into the content 
creation process 

-  -  benefits of these technical solutions 

ensure that filtering and rating is implemented and 
provides workable options in practice for users, parents 
and teachers 

a) software houses, 
content providers, 
access providers, 

practical application of filtering and rating by European 
content providers and users has not yet reached critical 
mass 

stimulate use of rating by content providers 

b) specialists in child 
protection, consumer 
issues, civil liberties 

•  Call for proposals for demonstration of 

third party rating systems 

need to meet specific  requirements of business, 
institutional or educational users or end users 

c) WWW standards 
bodies 

•  Call for tender for evaluation of 
demonstration projects and 
dissemination of results 

2.2 Facilitate 

•  Concertation meetings 

international 
agreement  on rating 
systems 

complements self-rating by content providers 

assess impact of demonstration projects and ensure 
European-wide dissemination of results 

ensure co-ordinated European input to international 
accords on protocols and interoperable labelling 
systems 

ensure that rating systems take into account European 
specificities 

a) actors who will play the main role in launching the action  b) and c) actors who will be consulted or involved 

10 

SUMMARY OF ACTION LINES - ACTION PLAN ON PROMOTING SAFE USE OF THE INTERNET 

Annexe 1 

TITLE 

DESCRIPTION 

JUSTIFICATION 

ACTORS * 

3.  Encouraging awareness  actions 

3.1 Prepare the ground 
for awareness 
actions 

•  Call for proposals  to  select  appropriate 
organisations  for  a  preparatory  action 
that will 
identify  multiplier  bodies  and  most 
and 
appropriate 
content to reach the target audience 

channels,  media 

- 

-  prepare basic material 
-  adapt  it  for  linguistic  and  cultural 

specificities 

-  take 

account 
demonstration projects** 
-  prepare implementation plan 

of 

results 

of 

Awareness is the necessary complement of action lines 
1 and 2, since the actions of industry to implement self-
regulation and filtering and rating will only bear fruit if 
users and potential users are aware of them 

the need for awareness action was stressed particularly 
by the European Parliament 

preparatory actions are needed to ensure that full-scale 
actions are based on in-depth understanding of 
requirements. 

3.2 Encourage 

implementation  of 
full-scale  awareness 
actions 

•  Call for proposals to select multiplier 
bodies for follow-up action in all 
Member States 

-  organise seminars and workshops and 

distribute information packs for 
teachers 

-  assist in implementing large-scale 

awareness actions (create Web sites, 
distribute material, publicity campaigns, 
information packs for journalists) 

-  organise co-operation and exchange of 

experience 

awareness actions contribute to trust and confidence  of 
parents and teachers in safe use of the Internet by 
children 

a) target audience: 
parents, teachers 

parents, teachers and children need to be made aware 
of potential of Internet and its drawbacks 

European action will create a framework for synergy 
with action at level of Member States 

European action will strengthen initiatives in Member 
States through exchange of information and experience 

b) industry :  Internet 
service providers, 
content providers 

c) multipliers e.g. 
consumer 
associations, 
education bodies 

* a) actors who will play the main role in launching the action  b) and c) actors who will be consulted or involved 
** demonstration projects under action line 2.1  will make an important contribution to the content of awareness actions 

11 

SUMMARY OF ACTION LINES - ACTION PLAN ON PROMOTING SAFE USE OF THE INTERNET 

Annexe  1 

TITLE 

I  DESCRIPTION 

I JUSTIFICATION 

4.  Support actions 

4.1 Assess legal 
implications 

•  Call for tenders for an assessment of 

consider legal questions not dealt with by other 

legal questions raised by the content or  Community initiatives including questions of applicable 
the use of Internet 

law and procedure. 

4.2 Co-ordinate with 

•  Concertation meetings 

similar international 
initiatives 

•  International conference 

ensure coherence between European action and similar 
initiatives in other parts of the world 

4.3 Evaluate impact of 

•  Call for tenders to evaluate impact of 

Community 
measures 

the Action Plan and the 
Recommendation 

evaluate whether the objectives of the Action Plan and 
the Recommendation have been achieved and, if not, 
identify possible further measures which could be taken 
by industry, Commumty institutions, Member States or 
consumer representatives 

12 

Annexe 2 

1. 

WORK ALREADY CARRIED OUT AND UNDER WAY IN THE EU 

1.1. 

Illegal and harmful content on the Internet 

1.1.1.  Commission Communication on illegal and harmful content on the Internet 

The Communication9 (COM(96) 487 final) was adopted on 16 October  1996. It has been debated by 
the European Parliament and the Committee of the Regions, who have adopted reports. It sets out 
proposals from the Commission for immediate action to deal with harmful and illegal content. 

1.1.2.  Working Party on illegal and harmful content on the Internet 

The  Telecommunications  Council  of  27  September  1996  agreed  to  extend  the  working  party 
established  previously to  include representatives  of the Ministers of Telecommunications  as well  as 
access and service providers, content industries and users. The Council requested the Working Party 
to  present  concrete  proposals for possible measures to  combat the illegal  use  of Internet  or similar 
networks. The first report10 was submitted to the Council held on 28 November 1996. 

The report follows the proposals made in the Communication and elaborates on a number of issues 
such as self-regulation  and liability. 

A second report11, submitted to the Council held on 27 June 1997, sets out the progress made in the 
Member States on measures to deal with illegal and harmful content and summarises activities since 
then in the EU institutions. 

1.1.3.  Council Resolution on illegal and harmful content on the Internet. 

This  resolution12  was  adopted  on  17  February  1997.  The  Council  welcomed  the  report  of  the 
Commission Working Party on illegal and harmful content on the Internet. They invited the Member 
States to commence with the following measures: 

-  Encourage  and  facilitate  self-regulatory  systems  including  representative  bodies  for  Internet 
service  providers  and  users,  effective  codes  of  conduct  and  possibly  hot-line  reporting 
mechanisms available to the public; 

9  Communication to the European Parliament, the Council, the Economic and Social Committee and the 

Committee of the Regions COM(96) 487 http://www.echo.lu/legal/en/mtemet/communic.html 

10  http://www.echo.lu/legal/en/intemet/wpen.html 
11  Interim report on Initiatives in EU Member States with respect to Combating Illegal and Harmful Content on the 

Internet http://www.echo.lu/legal/en/internet/wp2en-toc.html 

12  Resolution of the Council of the European Union and the Representatives of the Member States meeting within 

the Council OJ No. C70,6.3.1997, p. 1 http://ww.echo.lu/legal/eii/internet/resol.htmI 

13 

-  Encourage the provision to users of filtering mechanisms and the setting up of rating systems for 
instance the PICS (Platform for Internet Content Selection) standard launched by the international 
World-Wide-Web consortium with EC support should be promoted; 

-  Participate  actively  in  the  International  Ministerial  Conference  to  be  hosted  by  Germany  and 

encourage attendance by representatives of the actors concerned; 

They requested the Commission, as far as Community competencies are concerned, to: 

-  Ensure  the  follow-up  and  the  coherence  of  work  on  the  measures  suggested  in  the  above-
mentioned  report,  taking  into  account  other  relevant  work  in  this  field  and  to  reconvene  the 
Working Party as necessary to monitor progress and take further initiatives if appropriate; 

-  Foster co-ordination at Community level of self-regulatory and representative bodies; 

-  Promote and facilitate the exchange of information on best practice in this area; 

-  Foster research into technical  issues,  in particular filtering, rating, tracing  and  privacy-enhancing 

technologies, taking into account Europe's cultural and linguistic diversity; 

-  Consider further the question of legal liability for Internet content. 

They  recommended  that  the  Commission,  in  the framework of  Community  competencies,  and 
Member  States take  all  necessary  steps to  enhance the effectiveness  of the  measures  referred  to in 
this  Resolution  through  international  co-operation  building  on  the  results  of  the  International 
Ministerial Conference and in discussions in other international fora. 

1.1.4.  European  Parliament  resolution  on  illegal  and  harmful  content  on  the 

Internet. 

On  24  April  1997,  the  European  Parliament  adopted  a  Resolution  on  the  Commission 
Communication  on  illegal  and  harmful  content  on  the  Internet,  based  on  a  report13  by  Mr Pierre 
Pradier. The Resolution contains a list of desiderata addressed to the Council,  the Commission and 
the Member States. 

With  respect  to  illegal  content,  the  Resolution  inter  alia  calls  on  the  Member  States  to  define  a 
minimum  number  of  common  rules  in  their  criminal  law  and  to  strengthen  administrative  co 
operation  on the basis  of joint  guidelines  and calls on the Commission  to  propose,  after  consulting 
the European Parliament, a common framework for self-regulation at EU level. 

This framework should include: 

I. 

II. 

objectives to be achieved in terms of the protection of minors and human dignity, 

principles  governing  the  representation  of  the  industries  concerned  at  EU  level  and  the 
decision-making procedures, 

13  http://www.europarl.eu.int/dgl/a4/en/a4-97/a4-0098.htm 

14 

III.  measures  to  encourage  the  enterprises  and  industries  involved  in  telematic  networks  to 
develop  message  protection  and  filtering  software,  which  should  be  made  available 
automatically to subscribers, and 

IV. 

appropriate arrangements for  ensuring that all instances of child pornography uncovered  on 
computer networks are reported to the police and shared with Europol and Interpol. 

Furthermore, the Resolution stresses the need for international co-operation between the EU and its 
main external partners, on the basis of conventions or via the application of new international legal 
instruments  and  it  calls  upon  the  Commission  to  submit  proposals  for  a  common  regulation  of 
liability for  Internet  content. Finally, it urges the Member  States  and  Commission  to  promote  co 
operation among Internet access providers, in order to encourage self-regulation. 

With respect to harmful  content the Resolution calls on the Commission and the Member  States to 
encourage  the  development  of  a  common  international  rating  system  compatible  with  the  PICS 
protocol, and sufficiently  flexible to accommodate cultural differences,  which will benefit  both users 
and content publishers. 

1.1.5. Rolling Action Plan on the Information Society 

The Rolling Action Plan on the Information  Society adopted in December  1996 included a reference 
to an Internet action plan. 

"The  Communication  on  illegal  and  harmful  content  ...  indicates  a  number  of  policy  options  c 
combat this type of content on the Internet. The action plan  ... will indicate the range of measu; as 
necessary to implement these policy options, the means to do this and the actors responsible. It v/ill 
elaborate  the  measures  necessary  to  ensure  a  coherent  set  of  actions  at  the  EU  level  and  will 
especially address the question of liability for access and service providers/' 

1.2.  OTHER COMMISSION ACTWITIES 

The Action Plan takes into account the following  activities which are also relevant  to  the issue of 
illegal and harmful content. 

1.2.1.  Green Paper on the Protection of Minors 

The Green Paper on the Protection of Minors and Human Dignity in Audiovisual and Information 
Services14 (COM(96) 483 final) was adopted by the European Commission on October  16th, 1996, 
together with the Communication on Illegal and Harmful Content on the Internet.  The Green Paper 
has provided all those involved in the audiovisual and information sectors of Europe and beyond with 
a  springboard  for  reflection  and  debate.  Its  scope  is  the  much  needed  adaptation  of  regulatory 
frameworks  and  attitudes  in  the  context  of  the  emergence  of  new  audiovisual  and  information 
services across the spectrum from television to the Internet with a specific focus on "the protection 
of minors and human dignity". The Communication, on the other hand, whilst concentrating on the 
Internet has a broader scope in terms of tackling "illegal and harmful  content". The two instruments 
thus complement each other in that they address a number of issues in different ways. 

14  COM(96) 483 http://europa.eu.int/en/record/green/gp9610/protec.htm 

15 

The  Council  of Ministers,  on  16 December  1996,  welcomed  the  Green  Paper  and  requested  the 
Commission  to  further  its  work.  The  results  of  the  consultation  were  presented  at  the 
Audiovisual/Culture  Council  on  30  June  1997. The  Green  Paper  has  been  debated  by  the  other 
Union institutions (the European Parliament, the Economic and Social Committee, the Committee of 
the Regions). The report  drafted  by Mr Philip Whitehead was adopted by the European Parliament 
on 24 October 1997. 

The  results  of  the  consultation13  on  the  Green  Paper,  which  displayed  a  broad  measure  of 
agreement with the Commission's approach, were presented to the Council on 30 June  1997.  This 
led to a Commission Communication16 on the follow-up of the Green Paper including a proposal for 
a  Council  Recommendation.  The  draft  Recommendation  includes  a  co-ordination  of  national 
initiatives through  the  adoption  of common principles for  conduct,  orientations  and  objectives  for 
action by Member States, industries and parties concerned 

1.2.2.  International Ministerial Conference, Bonn 

The  International  Ministerial  Conference  entitled  "Global  Information  Networks:  Realising  the 
Potential" was held in Bonn on 6-8 July  1997. The Conference was hosted by the Federal Republic 
of  Germany  and  organised  in  co-operation  with  the  European  Commission.  Ministers  from  29 
European countries took part (European Union, EFT A, Central and Eastern European countries and 
Cyprus),  as  did  government  representatives from the  USA,  Canada,  Japan  and  Russia  as guests, 
businesses  which  are  global  players  (content  providers,  access  and  service  providers,  network 
providers, equipment manufacturers), representatives of users and as observers, representatives  from 
European Union institutions or organs and from other European and International organisations. 

The Conference  was concluded  by three Declarations: by European  Ministers,  by industry  and by 
users 17 

In  the  Ministerial  declaration,  ministers  stressed  the  role  which  the  private  sector  can  play  in 
protecting  the  interests  of  consumers  and  in promoting  and  respecting  ethical  standards,  through 
properly-functioning  systems  of  self-regulation  in  compliance  with  and  supported  by  the  legal 
system. 

Ministers encouraged industry to implement open, platform-independent  content rating systems, and 
to  propose  rating  services  which  meet  the  needs  of  different  users  and  take  account  of Europe's 
cultural and linguistic diversity. They noted that the EU Council Resolution of 17 February  1997 on 
illegal and harmful content on the Internet strongly supports such an approach. 

1.2.3.  Activities in the field of Justice and Home Affairs 

In the context of the structures of the Justice and Home Affairs  Council a reflection  exercise on the 
Internet  issue  is  taking  place.  This  aims  at  developing  practical  co-operation  among  the  law 

15  http://www2.echo.lu/legal/en/internet/gpconsult.html 
16  COM(97) 570 final du 18.11.1997 

17  http://www2.echo.lu/bonn/fihal.html 

16 

enfbrcement  authorities  concerning  Internet  related  activities.  Specific  working  groups  are  in 
particular looking into the question of the lawful  interception of Internet telecommunications. Hence, 
work  is being  carried  on  with  a view  to  investigating  any measures  which  can be  considered  in the 
context  of  cooperation  in  the  field  of  Justice  and  Home  Affairs  comprising  both  the  police  and 
mutual judicial assistance in criminal matters involved in the use of the Internet. 

The  P8  Senior  Level  group  on  transnational  organised  crime  (Lyon  group)  has  started  work  to 
develop legal and technical mechanisms that  allow for timely international  law enforcement  response 
to  computer-related  crimes i.e.  to  enhance  abilities  to  locate,  identify  and  prosecute  criminals;  co 
operate with  and  assist  one another  in the  collection  of evidence; and  commit  resources  to  training 
law enforcement  personnel to fight high-tech and computer related crime. 

The Commission is involved  in the implementation  of the Action  Plan to  combat  organised  crime 
endorsed  by the European Council in Amsterdam18 and which includes a recommendation  to  combat 
the  criminal  use  of  new  technologies  and  means  of  communication  and  another  inviting  the 
Commission and the Council to address the issue of fraud and  counterfeiting  relating to  all payment 
instruments including electronic payment instruments. 

The  Commission  is  also  participating  in  work  under  way  in  the  Council  of  Europe  Committee  of 
Experts  on  Crime  in  Cyber-Space  which  was  assigned  the  task  of  examining  problems  of  criminal 
procedural law connected with information  technology and look into the possibilities of drawing up a 
binding  legal  instrument  with  particular  emphasis  on  questions  of  international  co-operation  in  the 
investigation of cyber-space  offences. 

1.2.4.  Activities in the field  of education 

The  Commission  adopted  the  action  plan  "Learning  in  the  information  society,  1996-1998"  on 
October 2,  1996. The plan aims at reinforcing  the impetus of the activities at national  and local level 
to  connect  schools  to  communication  networks,  train  instructors  and  develop  products  which  meet 
pedagogical  needs.  It  contributes  to  mobilise  a  large  number  of  users  more  rapidly,  reinforce  the 
European dimension in education and create a genuine European educational multimedia market. 

The Commission  services are also participating in the expert group on "Misuse of International  Data 
Networks"  which  was  established  by  the  Ministers  and  Advisors  of  Science  of  the  G7  States  and 
Russia  (Carnegie  Group)  in  1996.  The  expert  group's  mandate  is  to  suggest  recommendations  at 
international  level,  especially  in  the  field  of  education  and  research,  to  combat  illegal  and  harmful 
activities on the Internet. 

1.2.5.  Study on Liability 

The European  Commission  has  published  a call  for  tenders  for  a  study  on  legal  liability  systems in 
Member  States regarding Information  Society services. The study will draw up an inventory of laws, 
regulations,  administrative  practices  and  forms  of  self-regulation  which  are  in  existence  or  in 
preparation in the Member  States, and which establish  forms  of legal liability applicable to  operators 

18  http://ue.eu.int/amsterdam/en/œnclusions/freedom/main.htm 

17 

and users of Information  Society services, including copyright and neighbouring rights. First results 
are expected at the beginning of 1998. 

1.2.6.  Digital signatures and encryption 

On  8  October  1997,  the  Commission  adopted  a  Communication  "Ensuring  security  and  trust  in 
electronic  communication  -  Towards  a  European  Framework  for  Digital  Signatures  and 
Encryption."19 

In order to make good use of the commercial opportunities offered  by electronic communication via 
open networks,  a more secure environment needs to be established.  Cryptographic technologies are 
widely  recognised  as  essential  tools  for  security  and  trust  on  open  networks.  Two  important 
applications  of  cryptography  are  digital  signatures  and  encryption.  The  main  objectives  of  this 
Communication are to develop a European policy in particular with a view to establishing a common 
framework  for digital  signatures,  ensuring the functioning  of the Internal Market  for  cryptographic 
services and products,  stimulating a European industry for cryptographic  services  and products and 
stimulating  and  enabling  users  in  all  economical  sectors  to  benefit  from  the  opportunities  of  the 
global information society. 

2. 

INTERNATIONAL  ACTIVITY 

2.1.  OECD 

At its 31st session on 27-28 February  1997 the ICCP Committee agreed to undertake a study aimed 
at reviewing the existing  legislation and practices in Member countries concerning  the Internet and 
gathering the views  of the different  actors involved, based on proposals by the French and Belgian 
Delegations.  The  Secretariat  Report  presenting  the  results  of  the  study  will  be  submitted  to  the 
Committee  at its 32nd  session in October  1997.  An Ad hoc Meeting was held on  1-2  July  1997 to 
discuss a first draft  of the Report.  A  second ad hoc meeting will be held on 22  October  1997.  The 
Report will focus on content issues related to the Internet; it will be presented as a fact-finding  study 
which includes an inventory of national approaches, private sector initiatives, and other international 
efforts in this field, with emphasis on defining and describing terminology and main concepts. A short 
supplementary  paper  on  "issues  and  options  for  future  work"  will  be  presented  to  the  ICCP 
Committee for discussion of follow-up work in this area. 

2.2.  United  States 

In June  1997 the US  Supreme Court  struck down provisions  of the  Communications  Decency  Act 
which made it an offence to distribute indecent content which a minor might be able to access, since 
this would  interfere  with the  constitutionally  protected right of free speech,  although  it  upheld the 
provisions  relating  to  obscene  content20.  On  16  July,  President  Clinton  and  Vice  President  Gore 

19  COM (97) 503 Communication from the Commission to the European Parliament, the Council, the Economic and 

Social Committee and the Committee of the Regions http://www.ispo.cec.be/eif/policy/97503exec.html 

20  http://www. aclu. org/court/renpyacludec. html 

18 

announced  a strategy  for making the  Internet  "family friendly"21. This  strategy  is  designed  to  give 
parents  and teachers, the  tools  they  need  to  prevent  children from getting  access  to  inappropriate 
material  on  the  Internet,  and  to  guide  them  towards  high-quality  educational  resources.  Industry 
leaders and associations agreed to take steps to promote filtering and rating and awareness actions. 

21  http://www.whitehouse.gov/WH/New/Ratings/ 

19 

PROPOSAL FOR A COUNCIL DECISION 

of 

adopting a Multiannual  Community Action Plan on promoting safe use of the Internet 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing the European  Community,  and  in particular  Article  130(3) 
thereof, 

Having regard to the proposal from the Commission,22 

Having regard to the Opinion of the European  Parliament,23 

Having regard to the Opinion of the Economic and.Social Committee,24 

Having regard to the Opinion of the Committee of the Regions,25 

(1) Whereas the Internet by developing into an industry offering  services to the general  public  offers 
positive  benefits  in  particular  in  education,  by  empowering  citizens,  lowering  the  barriers  to  the 
creation  and  distribution  of  content  and  offering  wide  access  to  even  richer  sources  of  digital 
information,  as  recognised  by  the  Council  and  the  Representatives  of  the  Governments  of  the 
Member  States, meeting within the Council on  17 February  199726; 

(2)  Whereas  however,  the  amount  of  harmful  and  illegal  content  carried  over  the  Internet,  while 
limited,  can  seriously  hamper the development  of the emerging  Internet  industry  and  thus,  adversely 
affect  the set-up of the necessary favourable  environment for initiatives and undertakings to  flourish; 

(3)  Whereas  it  is  essential,  in  order  to  ensure  the  full  potential  of  the  Internet  industry,  that  a  safe 
environment  for  its  use  be  created  by  combating  illegal  use  of  the  technical  possibilities  of  the 
Internet in particular for  offences  against  children;27 

(4) Whereas  promotion  of industry  self-regulation  and  content-monitoring  schemes,  development  of 
filtering tools  and  rating  mechanisms  provided  by the  industry  and  increased  awareness  of  industry 
services  as  well  as  fostered  international  co-operation  between  all  parties  concerned  will  play  a 
crucial  role  in  consolidating  that  safe  environment  and  will  contribute  to  remove  obstacles  to  the 
development  and competitiveness of the concerned  industry; 

22 

23 

24 

25 
26  OJNoC70, 6. 3. 1997, p. 1. 

27 

Ibid. 

20 

(5)  Whereas  the  Council  of  Ministers  requested  the  Commission  on  24  April  1996  to  produce  a 
summary of problems posed  by the  rapid development  of Internet,  and to  assess,  in particular,  the 
desirability of Community or international regulation; 

(6) Whereas the Council requested a Working Party composed of all interested parties (Ministers of 
Telecommunications,  access and service providers, content industries and users) to present  concrete 
proposals for possible measures to combat illegal use of Internet or similar networks; 

(7)  Whereas  this  Working  Party  submitted  its first report  to  the  Council  of  28  November  1996; 
whereas a second report, submitted to the Council of 27 June 1997, sets out the progress achieved in 
the Member States  on measures to  deal with illegal and harmful  content  and  summarises  activities 
since then in the EU institutions; 

(8) Whereas the Council  and the Ministers for education within the  Council  in their meeting  of 20 
December  1996 adopted a declaration on protection of children and countering paedophilia; 

(9)  Whereas  the  Commission  submitted  to  the  Dublin  European  Council  in  December  1996  an 
updated version of the ."Europe's way to  the information  society'  action plan in order to  clarify the 
coherence of the various steps undertaken; 

(10) Whereas the Commission transmitted on 23 October  199628 a communication to the European 
Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on 
illegal  and  harmful  content  on  the  Internet,  and  a  Green  Paper  on  the  protection  of  minors  and 
human dignity in audio-visual and information services29; 

(11)  Whereas  the  Council  and  the  Representatives  of  the  Governments  of  the  Member  States, 
meeting  with  the  Council  in  their  Resolution  of  17  February  1997  welcomed  the  report  of  the 
Commission  working  party  on  illegal  and  harmful  content  on the  Internet  and  requested  Member 
States and the Commission to undertake a number of actions; 

(12)  Whereas the  European  Parliament  in its Resolution  of  24  April  1997  called  on  the  Member 
States  to  define  a  minimum  number  of  common  rules  in  their  criminal  law  and  to  strengthen 
administrative co-operation on the basis of joint guidelines and called on the Commission to propose, 
after consulting the Parliament,  a common framework for  self-regulation  at EU-level  and to  submit 
proposals for a common regulation of liability for Internet content; 

(13) Whereas in the Ministerial  declaration  adopted  during the International  Ministerial  Conference 
entitled "Global  Information Networks: Realising the Potential",  held in Bonn  on 6-8  July  1997 at 
the  initiative  of the  German Government,  Ministers  stressed  the  role  which  the  private  sector  can 
play  in  protecting  the  interests  of  consumers  and  in  promoting  and  respecting  ethical  standards, 
through  properly-functioning  systems  of  self-regulation  in  compliance  with  and  supported  by  the 
legal  system  ; whereas they  encouraged  industry to  implement  open,  platform-independent  content 
rating  systems,  and  to  propose  rating  services  which  meet  the  needs  of  different  users  and take 
account of Europe's  cultural  and linguistic  diversity; whereas Ministers further recognised  that it is 

28  COM (96) 487  final 

29  COM(96) 483  final 

21 

crucial to build trust  and confidence  in Global Information Networks by ensuring that basic human 
rights  are respected  and by safeguarding the interests of society in general,  including producers and 
consumers; 

(14) Whereas the Council  adopted on 
a Recommendation concerning the protection of minors 
and  human  dignity  in  audiovisual  and  information  services,  whereas  this  Action  Plan  will  be 
implemented in close co-ordination with the Council Recommendation; 

(15)  Whereas  special  attention  continue  to  be paid by the  Commission  and Member  States  to  co 
ordination of the efforts of groups working in all the relevant  fields; 

(16)  Whereas  co-operation from the  industry  and  a  full  functioning  system  of  self-regulation  are 
essential to limiting the flow of illegal content on the Internet; 

(17)  Whereas,  to  this  effect,  industry  self-regulatory  systems  including  representative  bodies  for 
Internet  service  providers,  consumers  and  users,  and  effective  codes  of  conduct  should  be 
encouraged and possibly hot-line reporting mechanisms available to the public should be established; 
whereas  European  co-ordination  of  representative  and  self-regulating  bodies  is  essential  for  the 
Europe wide effectiveness  of such systems; 

(18) Whereas it is important to identify  accurately the chain of responsibilities  in order to  place the 
liability for illegal content on those who create it; whereas it is inevitable to this effect to have at least 
common European, if not global standards, given  that the Internet is by its nature cross-national, as 
underlined by the Ministerial declaration adopted during the Bonn Conference (par. 41 et seq.J; 

(19) Whereas, as emphasised by the Bonn Declaration (par. 55 et seq.), it is necessary to promote on 
a European level the provision to users of filtering mechanisms and the setting up of rating systems, 
for example the PICS (platform for Internet content selection) standard launched by the international 
World-Wide-Web consortium with Community support; 

(20)  Whereas awareness  activities  should be encouraged  so that users understand  the opportunities 
as  well  as the  drawbacks  of the Internet  in order to  increase use  of  services  provided  by industry; 
whereas parents, educators and consumers, in particular, should be sufficiently  informed  so as to be 
able to take full advantage of parental control software and rating systems; 

(21)  Whereas  it  is  essential  to  engage  in  international  co-operation  activities  with  international 
organisations and third countries for the purpose of implementing this action plan and extending its 
reach  beyond  the  European  Union,  given  the global  character  of  the  problems  encountered  in the 
Internet, requiring global solutions; 

(22)  Whereas  supporting  the  creation  of  industry  self-regulation  mechanisms  and  the  provision  to 
users  of  filtering  mechanisms  and  the  setting  up  of  rating  systems  encourage  an  environment 
favourable  to  initiative  and  foster  the  development  of  undertakings  throughout  the  Community; 
whereas  increasing  user  awareness  fosters  better  exploitation  of  the  potential  of  the  industrial 
potential  of  policies  of  innovation,  research  and  technological  development  with  regard  to  the 
Internet and similar global networks; 

(23)  Whereas  any  content  policy  actions  must  be  complementary  to  other  ongoing  national  and 
Community  initiatives,  as  outlined  notably  in the  Commission's  action  plan  "Europe's  way  to  the 

22 

information  society:  an  action  plan",  and  shall  be  performed  in  synergy  with  other  Community 
activities in the field such as the INFO 2000  programme30,  with  Community  research  programmes 
(programmes concerned  with advanced technology,  technology,  advanced  communications  services 
and telematics)  and  with  Community education  training,  cultural  and  SME  actions  and initiatives, 
and with the Structural Funds; 

(24) Whereas the activities under this Action Plan take account of the work accomplished in the  field 
of Justice and Home Affairs; 

(25) Whereas the action plan "Learning in the information society" adopted by the Commission31 on 
October 2,1996 is intended to promote the widespread use of electronic networks in schools; 

(26) Whereas progress of this Action Plan should be continuously and systematically monitored with 
a view to adapting it, where appropriate, to developments in the audiovisual and multimedia content 
market; whereas  in  due  course  there  should  be  an independent  assessment  of  the  progress  of  the 
Action Plan so as to provide the background information needed in order to determine the objectives 
for subsequent content policy actions; whereas at the end of this Action Plan there should be a  final 
assessment of results obtained compared with the objectives set out in this Decision; 

(27) Whereas, in conformity with the principle of subsidiarity as expressed in Art. 3 B  of the Treaty, 
the objectives of the envisaged  actions cannot be sufficiently  achieved by the Member States due to 
the transnational  character  of the  issues  at stake and can, therefore,  by  reason  of  the  paneuropean 
effects of the action be better achieved by the Community; 

(28) Whereas it is necessary to fix the duration of the Action Plan, 

HAS ADOPTED THIS DECISION: 

Article 1 

The Multiannual Community Action Plan on promoting safe use of the Internet ("The Action 

1. 
Plan"), as described in Annex I to this decision, is adopted. 

The  Action  Plan  shall  cover  a period  of  four  years  from  1 January  1998  to  31  December 

2. 
2001. 

The Action Plan has the objective  of encouraging an environment favourable  to the development  of 
the Internet industry by promoting safe use of the Internet. 

Article 2 

30  Council decision of 20 May 1996 adopting a multiannual Community programme to stimulate the development of 
a European content industry and to encourage the use of multimedia content in the emerging information society, 
OJ No L 129,  30 May 1996, p. 24). 

31  COM(96)471 

23 

Article 3 

In order to  attain  the  objective  referred  to  in  Article  2,  the  following  actions  shall  be  undertaken 
under the guidance of the Commission, in accordance with the action lines set out in Annex I and the 
means for implementing the Action Plan set put in Annex HI: 

•  promotion  of  industry  self-regulation  and  content-monitoring  schemes  (especially  dealing  with 

content such as child pornography, racism and antisemitism) 

• 

• 

encouraging  industry to  provide filtering tools  and rating  mechanisms,  which  allow  parents or 
teachers to  select  content  appropriate for  children in their care while  allowing  adults to  decide 
what legal content they wish to access, and take account of linguistic and cultural diversity; 

increasing  awareness  of  services  provided  by  industry  among  users,  in  particular  of  parents, 
teachers and children, so that they can better understand and take advantage of the opportunities 
of the Internet; 

• 

support actions such as assessment of legal implications; 

•  activities fostering international co-operation in the areas enumerated above 

•  other actions furthering the objective set out in Article 2. 

1. The Commission shall be responsible for the implementation of the Action Plan. 

Article 4 

2. The procedure laid down in Article 5 shall apply to: 

- the work programme, 

- the breakdown of the budgetary expenditure, 

- the criteria and content of calls for proposals, 

- the measures for programme evaluation, 

- any departure from the rules set out in Annex III, 

- participation in any project by legal entities from third countries and international organisations. 

Article 5 

1.  The  Commission  shall  be  assisted  by  a  committee  of  an  advisory  nature  composed  of  the 
representatives of the Member States and chaired by the representative of the Commission. 

2. The Commission representative shall submit to the committee a draft of measures to be taken. The 
committee shall deliver its opinion on the draft within a time limit which the chairman may lay down 
according to the urgency of the matter concerned, if necessary by taking a vote. 

3.  The opinion shall be recorded in the minutes; in addition, each Member State shall have the  right 
to ask to have its position recorded in the minutes. 

24 

4. The Commission shall take the utmost account of the opinion delivered by the committee. It shall 
inform the committee of the manner in which its opinion has been taken into account. 

Article 6 

1. In order to ensure that Community aid is used efficiently,  the Commission shall ensure that actions 
under this Decision are subject to effective prior appraisal, monitoring and subsequent evaluation. 

2.  During  implementation  of projects  and after their completion the Commission  shall evaluate the 
manner in which they have been carried out and the impact of their implementation in order to assess 
whether the original objectives have been achieved. 

3. The selected beneficiaries shall submit an annual report to the Commission. 

4.  At  the  end  of two  years and at the  end of the Action Plan, the Commission  shall  submit  to  the 
European Parliament,  the Council,  the Economic  and  Social  Committee  and the  Committee  of the 
Regions,  once  the  committee  referred  to  in Article  5 has examined  it,  an evaluation  report  on the 
results  obtained  in  implementing  the  action  lines  referred  to  in  Article  2.  The  Commission  may 
present, on the basis of those results, proposals for adjusting the orientation of the action plan. 

Article 7 

Participation in this Action Plan may be open, in accordance with the procedure laid down in Article 
5. to legal entities established in the EFT A countries which are member of the EEA and to European 
International  Organisations.  Participation  may  be  opened,  in  accordance  with  the  procedure  laid 
down  in  Article  5,  and,  as  a general  rule,  without financial support  by  the  Community from this 
Action  Plan,  to  legal  entities  established  in  non-EEA  third  countries  and  to  non-European 
international organisations, where such participation contributes effectively  to the implementation of 
the Action Plan and taking into account the principle of mutual benefit. 

Article 8 

This Decision is addressed to the Member States. 

Done at..., 

For the Council 

The President 

25 

ANNEX  I  :  ACTION  LINES  -  ACTION  PLAN  ON  PROMOTING  SAFE  USE  OF  THE 

INTERNET 

Thé action lines, in conjunction  with the proposal for  a Council Recommendation  on Protection of 
Minors  and  Human  Dignity,  are  a  means  of  implementing  a  European  approach  to  safe  use  of 
Internet,  based  on industry  self-regulation, filtering and  rating  and  awareness.  Strong  support  has 
been expressed  for  this  approach  at  the  level of the European  Parliament  and  of the Council and 
Member  States,  as well  as in the  wider  European  context  of  the  Bonn  declaration  agreed  to  by 
Ministers from 29 European countries. 

The action lines have the following objectives: 

•  incite the actors (industry, users) to develop and implement adequate systems of self regulation; 

•  pump prime developments by supporting demonstrations and stimulating application of technical 

solutions ; 

•  alert and inform parents and teachers, in particular through their relevant associations; 

•  foster co-operation and exchange of experiences and best practices; 

•  promote co-ordination across Europe and between actors concerned; 

•  ensure compatibility between the approach taken in Europe and elsewhere. 

1.  CREATING A SAFE ENVIRONMENT 

Co-operation  from  the  industry  and  a  fully  functioning  system  of  self-regulation  are  essential 
elements in limiting the flow of illegal content on the Internet. 

1.1 Create a European  network of hot-lines 

An effective  way to restrict circulation of illegal material is to set up a European network of centres 
(known as hot lines) which allow users to report  content which they come across in the course of 
their use of the  Internet  and which  they consider to  be illegal. Responsibility  for  prosecuting  and 
punishing those responsible for illegal content remains with the national law-enforcement  authorities, 
while  the  hot  line  aims  at  restricting  circulation  of  illegal  material.  Differences  in  national  legal 
systems and culture must also be respected. 

So  far,  hot  lines  exist  only  in  a  limited  number  of  Member  States.  Their  creation  needs  to  be 
stimulated  so  that  there  are  hot  lines  operating  covering  the  EU  both  geographically  and 
linguistically. Mechanisms for  exchange of information  between the national  hotlines,  and between 
the European network and hotlines in third countries need to be put in place. 

In  order  for  this  network  to  develop  its  full  potential,  it  is  necessary  to  improve  co-operation 
between industry and law-enforcement  authorities, ensure Europe-wide coverage and co-operation, 
and increase effectiveness through exchange of information and experience. 

26 

This  action  will  take  the  form  of  a  call  for  proposals  for  participating  organisations  (20-25)  to 
establish  a  European  network  of  hot-lines,'  and  links  between  this  network  and  hotlines  in  third 
countries, develop common approaches and stimulate transfer of know-how and best practice. 

The participating  organisations will  be  supported  by a cross-section  of  industry  actors  (access and 
service providers, télécoms operators, national hot-line operators).  They will have to  demonstrate a 
forward-looking  and  innovative  approach,  in  particular  in  their  relationship  with  national  law-
enforcement authorities 

1.2 Encourage self-regulation  and codes of conduct 

For the industry to  contribute effectively  to restricting the flow  of illegal  and harmful  content,  it is 
also  important  to  encourage  enterprises  to  develop  a  self-regulatory  framework  through  co 
operation  between  them  and  the  other  parties  concerned.  The  self-regulatory  mechanism  should 
provide a high level of protection and address questions of traceability 

In view  of  the  transnational  nature  of  communications  networks,  the  effectiveness  self-regulation 
measures will be strengthened,  at European Union level, by co-ordination  of national  initiatives and 
of the bodies responsible for their implementation. 

Under this action line, it is foreseen to develop guidelines at European level for codes of conduct, to 
build  consensus  for their application,  and support their implementation.  This  action  will  be carried 
out through a call for tender to select organisations that can assist  self-regulatory  bodies to develop 
and implement codes of conduct. Measures will be taken to carefully  monitor progress.  This will be 
done  in  close  co-ordination  with  the  promotion  of  common  guidelines  for  the  implementation,  at 
national  level,  of  a  self-regulation framework as  advocated  by  the  Council  Recommendation  on 
Protection of Minors and Human Dignity. 

2. DEVELOPING FILTERING AND RATING SYSTEMS 

To promote safe use of the Internet, it is important is to make content easier to identify.  This can be 
done through a rating system which describe the content in accordance with a generally  recognised 
scheme  (for  instance  where  items  such  as  sex  or  violence  are  rated  on  a  scale)  and  by  filtering 
systems  which  empower  the  user  to  select  the  content  he/she  wishes  to  receive.  Ratings  may be 
attached by the content provider, or provided by a third party rating service.  There are a number of 
filtering  and rating schemes which are possible. However, their level of sophistication is still low and 
none  have  yet  reached  the  "critical  mass" where  users  can be  sure that  content  in which  they are 
interested  and  content  which  they  wish  to  avoid  will  be  rated  appropriately  and  that  perfectly 
innocuous content will not be blocked. Uptake of rating systems by European content providers and 
users remains low. 

The measures under this action line will  focus  on demonstrating the potential  and the limitations  of 
filtering and  rating  systems  in  a  real  world  environment,  with  the  objective  of  encouraging 
establishment  of  European  systems  and  familiarising  users  with  their  use.  Filtering  and  rating 
schemes  must be internationally  compatible  and interoperable  and developed  with full  co-operation 
of representatives of industry, consumers and users. 

27 

2.1 Demonstrate  benefits  of filtering and rating 

Rating  systems  will  be  stimulated  which  are relevant  to  European  requirements  and  which  ensure 
that filtering and  rating  is  implemented  in a way  which  provides  workable  options  in practice  for 
users,  parents  and  teachers.  In  order  to  build  critical  mass,  a  wide  coverage  of  sites  should  be 
obtained.  Action  will  therefore  be  taken  to  stimulate  use  of  rating  by  content  providers.  Rating 
carried out by independent third parties ensures a standard approach to content rating and deals with 
cases where the content provider fails to rate properly. There is a need to meet specific requirements 
of business,  institutional  or educational  users as well  as those  of end users not  met by the content 
provider's rating system. 

Following  a  call  for  proposals,  projects  will  be  selected  to  validate  rating  systems  in  relation  to 
European  content,  to  encourage  integration  of  rating  into  the  content  creation  process  and  to 
demonstrate  benefits  of  these  technical  solutions.  Emphasis  will  be  placed  on  usefulness  and 
practicality in "real-world" situations involving a large cross-section of typical users. 

A second call for proposals will particularly target the validation and demonstration of third party 
rating systems. 

In order to  obtain maximum benefit from the demonstration projects, it is necessary  to  assess their 
impact and to ensure European-wide  dissemination of their results. Evaluation of the demonstration 
projects and dissemination of their results will be the subject of a call for tenders. 

The  demonstration  projects  under  this  Action  line  can  make  an  important  contribution  to  the 
awareness actions to be carried out under Action line 3. 

The demonstration projects will involve industry: self-regulatory bodies, industry (access and service 
providers, content providers, network operators, software houses) user, consumer and citizens  rights 
groups and government bodies involved in industry regulation and law-enforcement. 

2.2 Facilitate international  agreement on rating systems 

International  co-operation  between  operators  and  other  concerned  parties  in  the  European  Union 
and their partners in other regions of the world is particularly necessary in the field of rating, in order 
to ensure interoperability. 

Work  is  already under way  in a number of bodies  dealing with protocols  and with the  design  of a 
rating  system to  deal  with the various  requirements.  It is essential  that Europe's voice  be heard in 
international discussions, and concertation meetings will be organised to ensure this. 

3.  ENCOURAGING  AWARENESS ACTIONS 

The public is increasingly engaging in Internet activity,  reaping the benefits  of the new services.  At 
the  same  time  there  is  a  degree  of  uncertainty  as  to  how  to  deal  with  every  aspect  of  network 
communication; parents, teachers and children need to be made aware of potential of Internet and its 
drawbacks  and  do  not  always  have  sufficient  knowledge  about  means  to  protect  children from 
undesirable content. Awareness actions contribute to trust and confidence  of parents and teachers in 
safe use of the Internet by children. 

28 

Awareness is also the necessary complement of action lines 1 and 2,  since the actions of industry to 
implement self-regulation  and filtering and rating will only bear fruit if users and potential  users are 
aware of them. 

The  European  Parliament  has  called  for  the  implementation  of  a  European  campaign  and  an 
information and awareness action programme, to be funded by the EU budget, to inform parents and 
all people dealing with children (teachers,  social workers, etc.) on the best way (including technical 
aspects) to protect  minors against exposure to content that could be harmful to their development, 
so as to ensure their well-being. 

European action will create a framework for synergy with action at level of Member States, and will 
strengthen initiatives in Member States through exchange of information and experience. The Action 
Plan will  initiate  awareness  actions tnat will build on the dissemination  of  information from access 
providers to customers and develop material for use in educational institutions. 

Electronic distribution of material should be supplemented by more widespread traditional  packages 
for  use  in  schools  and  libraries.  The  awareness  initiatives  will  take  advantage  of  the  awareness 
actions carried out under other programmes, in particular the MIDAS-NET established under INFO 
2000. 

This  action  will  be  carried  out  in  two  stages.  In the first stage  the  best  means  of  achieving  the 
objectives will be identified  and in the second stage multiplier organisations in the Member States -
such  as  consumer  bodies  and  other  relevant  associations  -  will  be  assisted  to  implement  actions 
nationally. 

3.1 Prepare the ground for awareness actions 

In the first phase a call for proposals will be launched for a preparatory action will identify multiplier 
organisations  and  most  appropriate  channels,  media  and  content  to  reach  the  target  audience, 
prepare basic material,  adapt it for linguistic and cultural specificities  and take account  of results  of 
demonstration  projects  under  action  Une 2.1,  which  will  make  an  important  contribution  to  the 
content of awareness actions. An implementation plan will be prepared. 

The  target  audience  are  parents,  teachers  and  the  action  will  involve  industry  (Internet  service 
providers, content providers) and multipliers e.g.  consumer associations, education organisations. 

3.2 Encourage implementation  of  full-scale awareness actions 

A second call for proposals will  select initiatives for Community  support for follow-up  action in all 
Member States using the multiplier organisations  and the channels,  media and content  identified  in 
the preparatory action.  The purpose of the action is to make adults (parents and teachers) aware of 
the potential and the drawbacks of the Internet, and of the means to identify useful  content and how 
to block harmful content. 

Actions will be appropriate for the needs of Member States and may differ  according  to  their size, 
population, degree of Internet use etc. Actions will be of two types: those, focused  on teachers and 
educational  institutions  and those  with  a  broader  focus  aimed  at  the  general  public  (parents  and 
children). 

29 

Actions aimed at teachers will  include seminars and workshops  and preparation  and distribution  of 
specific  printed  and  multimedia  material  to  a  large  cross-section  of  members  of  the  profession. 
Special netdays - a series of special events aimed at increasing user awareness - will be organised in 
collaboration  with  the Learning in  the Information Society Action  Plan,  which  has  wide  support 
from industry.  Typical  actions  aimed  at  the  general  public  would  include:  creation  of  Web  Sites, 
distribution of information material in schools, through access providers and through shops and other 
outlets  selling  computers,  distribution  of  CD-ROMs  on  computer  magazines.  More  specific 
information  would  be given when targeting families  already owning  a computer.  Traditional  media 
(press,  television)  would  also  be  used  to  stimulate  awareness  through  publicity  campaigns  and 
information packs for journalists. Using the platform of the European Network  of Schools, which is 
being set up with the  support of the education ministries of Member States,  special web-pages will 
be created and maintained. 

The  purpose  of  the  Community  support  is  to  pump-prime  large-scale  awareness  actions  and  to 
provide  overall  co-ordination  and  exchange  of  experience  so  that  lessons  can  be  drawn from the 
results  of  the  action  on  an  ongoing  basis  (for  instance  by  adapting  the  material  distributed). 
Community  funding  will  in  general  not  exceed  one  third  of  eligible  costs.  The  use  of  existing 
networks  will  permit  cost-saving,  but  additional  financing  is  required  to  produce  the  relevant 
content. 

4.  SUPPORT ACTIONS  S 

4.1 Assess legal  implications 

The Internet  operates on a global  basis. The law operates on a territorial basis  -  national  or in the 
case of Community  law, covering the European Union. It will  contribute to the effectiveness  of the 
other  action  lines  to  consider  legal  questions  not  dealt  with  by  other  Community  initiatives,  in 
particular including questions of applicable law and procedure. 

A call for tenders will be organised for an assessment of legal questions raised by the content  or the 
use of Internet 

4.2 Co-ordinate with similar international  initiatives 

The Council  Recommendation  on Protection  of Minors and Human in audiovisual  and  information 
services calls on the Commission to promote international co-operation in the various fields covered 
by this recommendation,  particularly through the sharing of experience  and good  practices between 
operators and other concerned parties in the European Union and their partners in other regions of 
the  world.  Therefore  it  is  necessary  to  ensure  coherence  between  European  action  and  similar 
initiatives in other parts of the world. Regular concertation meetings will help to achieve this 

An International  conference  will allow the experience gained through the Action Lines to be shared 
with  actors  concerned  both  in  Europe  and  more  widely.  This  would  deal  with  all  of  the  issues 
addressed  by  the  Action  Plan  and  bring  together  industry  (access  and  service  providers,  content 
providers,  network  operators,  software  houses)  user,  consumer  and  citizens  rights  groups  and 
government bodies involved in industry regulation and law-enforcement.  Such a Conference can also 
be instrumental in disseminating the results of the Action Plan. 

30 

4.3 Evaluate impact of Community measures 

It is obviously important to make an in-depth evaluation whether the objectives  of the Action Plan 
and the Recommendation have been achieved. Also possible further measures which should be taken 
by industry, Community institutions, Member States or consumer representatives, could be identified 
that  way.  The  evaluation  foreseen  will  be  done  in  liaison  with  evaluating  the  measures  taken  to 
protect minors and human dignity foreseen by the Council Recommendation on Protection of Minors 
and Human in audiovisual and information services, and will be launched through a call for tenders. 

31 

ANNEX H : INDICATIVE BREAKDOWN OF EXPENDITURE 

1.  Creating a safe environment 
2.  Developing filtering and rating systems 

3. 

4. 

Encouraging awareness actions 

Support actions 

Total: 

14-18 °/o 0 

37 41 o/ 

35-41 % 

5-7% 

100 

ANNEX DDE: THE MEANS FOR IMPLEMENTING THE ACTION PLAN 

1.  The  Commission  will  implement  the  Action  Plan  in  accordance  with  the  technical  content 

specified in Annex I. 

2.  The Action Plan will be performed through indirect action and wherever possible on a shared-cost 

basis. 

3.  The selection of sharesd-co.st projects will normally be based on the usual procedure of calls for 
proposals published in the Official Journal of the European Communities. The content of the calls 
for proposals will be defined  in close consultation with the relevant experts and according to the 
procedures referred  to in the Decision. The main criterion for  supporting  projects  through calls 
for proposals will be their potential contribution to achieving the objectives of the Action Plan. 

4.  Applications for Community support should provide, where appropriate, a financial plan listing all 
the components of the funding  of the projects, including the financial support requested from the 
Community, and any other requests for or grants of support from other sources. 

5.  The Commission may also implement a more flexible funding scheme than the call for proposals in 
order  to  provide  incentives  for  the  creation  of  partnerships,  in  particular  involving  SMEs and 
organisations in less favoured  regions, and for  the establishment  of long term measures against 
illegal and harmful content on Internet.  This scheme might be operated on a permanent basis. 

6.  The  Commission  will  make  provision  for  considering  in  exceptional  cases  unsolicited  project 
proposals which involve a particularly urgent  measure following  technological  changes that  call 
for change of action. 

7.  The  detailed  arrangements  for  the  procedures  referred  to  under  points  5  and  6  will  be 
implemented  through  the  Advisory  Committee  procedure  (type  I)  and  in  accordance  with  the 
Commission's financial regulations. They will be published in the Official  Journal of the European 
Communities. 

8.  Projects  fully financed by the Commission within the framework of study and services contracts 
will be implemented through calls for tenders in accordance with the financial provisions in force. 
Transparency  will  be  achieved  by consulting  external  groups  of  experts  (the  Internet  Working 

32 

Party  and the  Legal  Advisory  Board)  as  well  as  actively  using  the  information  services  of  the 
Commission in connection with the awareness measures. 

9.  In the course of the Action Plan, the Commission will also undertake preparatory,  accompanying 
and  support  activities  designed  to  achieve  the  general  objectives  of  the  Action  Plan  and  the 
specific aims of each action line. This includes activities such as: studies in support of the general 
goals of the Action Plan; preliminary actions in preparation of future activities; measures aimed at 
facilitating  participation  in measures  under the  Action  Plan as  well  as  facilitating  access  to  the 
results produced by Action Plan initiatives. 

10. All  projects  receiving financial support  will  be  required to  display  an  acknowledgement  of  the 

support received. 

33 

F I N A N C I AL  S T A T E M E NT 

Item  B5-336  :  Multiannual  Community  Action  Plan  on  promoting  safe  use  of  the 
Internet. 

1. 

TITLE OF  OPERATION 

Multiannual Community Action Plan on promoting safe use of the Internet 

2. 

BUDGET HEADING  INVOLVED 

Item  B5-336  : Multiannual  Community  Action  Plan  on  promoting  safe  use  of  the 
Internet. 

3. 

LEGAL BASIS 

Treaty  establishing  the  European  Community  and  in  particular  Article  130(3) 
thereof. 

4. 

DESCRIPTION  OF OPERATION 

4.1 

General  objectives 

The action plan pursues the  following  objectives  with a view to promoting  safe  use 
of the Internet: 

•  promotion  of self-regulation  and  content  monitoring  systems, including  the  creation 
of  a  European  network  of  hot-lines  (dealing  especially  with  content  such  as  child 
pornography or racism) aimed at providing a high level of protection 

•  application  of  effective  filtering  services  and  compatible  rating  systems  which  take 

account of cultural and linguistic diversity 

•  raising  awareness  amongst  consumers  and  users,  in particular  children,  parents  and 

teachers, to allow them to use Internet resources safely  and with  confidence 

• 

fostering  international cooperation in the areas enumerated above. 

4.2 

Period covered and arrangements for renewal 

The action plan will be implemented  over the period  1998 to 2001 

5. 

CLASSIFICATION  OF EXPENDITURE OR REVENUE 

NCE DA 

Any  revenue  arising  from  contributions  by  third  parties  to  the  activities  under  the 
action  plan  will,  if  need  be,  be  re-used  pursuant  to  Article  27(2)  of  the  Financial 
Regulation  of  21  December  1977,  as  amended  by  Regulation  No  610/90  of  13 
March  1990. 

6.  TYPE OF EXPENDITURE OR REVENUE 

On  the  basis  of  invitations  to  tender  pursuant  to  the  financial  regulations  of  the 
Commission,  100%  financing  will  generally  apply  to  activities  such  as  studies, 
workshops,  seminars,  awareness-raising  and  publicity  campaigns  and  assistance 
with projects. 

There is provision for shared-cost actions on the basis of calls for proposals. 

31 

7. 

FINANCIAL  IMPACT 

7.1  Method of calculating the total cost of the action for 1998 - 2001 

The  four  action  lines  focus  on  points  where  action  at  European  level  can  provide 
added  value  and  strengthen  the  European  position.  They  will  be  used  to  initiate 
more long-term actions at national level. 

Action line  1  : Creating a safe environment 

1.1 Create a European network of hot-lines 

The  Community  contribution  of  ECU  5.0  million  will  be  used  for  a  call  for  proposals 
from  organisations  to  participate  in  setting  up  a  European  network  of  hot-lines  and  in 
establishing  links  between  this  network  and  hot-lines  in  non-Member  countries,  so  as 
restrict  the  circulation  of  illegal  content,  improve  cooperation  between  industry  and  the 
police and law-enforcement  authorities and ensure Europe-wide coverage. 

1.2 Encourage self-regulation  and codes of conduct 

A call  for  tenders will  be launched  to select bodies  whose task  will be to  assist  the  self-
regulatory  organisations to develop guidelines for  codes of conduct at European  level, to 
build the consensus needed for their application and assist with their implementation.  The 
codes  of  conduct  will  provide  a high  level  of protection  and  will  deal  with  the  issue  of 
tracing.  Progress  will  be  monitored.  The  cost  of  this  action,  which  will  also  provide 
backing  for  the  implementation  of  the  Council  recommendation  on  the  protection  of 
minors and human dignity, is estimated at ECU 0.6 million. 

Action  line 2  : Developing filtering and rating systems 

2.1 Demonstrate the potential of filtering  and rating systems 

To  ensure  that  filtering  and  rating  will  be  applied  and  will  offer  workable  solutions  for 
users, parents  and  teachers, and  since  the practical  application  of  filtering  and  rating  by 
European content providers has not yet achieved critical mass, a call for proposals will be 
launched to select projects  validating the rating  systems  in liaison with European  content 
providers,  so as to  promote  the  integration  of rating  into  the  process  of  content  creation 
and demonstrate the potential of such technical solutions. 

A  second  call  for  proposals  will  be  launched  to  validate  and  demonstrate  third-party 
rating  systems,  in  order  to  meet  the  specific  requirements  of  business,  institutional  or 
educational users, or as an optional  service offered  by access providers to final  users, and 
to complement the self-rating  operated by the content providers. 

A  call  for  tenders  will  be  launched  to  assess  demonstration  projects  and  to  disseminate 
results. 

These calls will require a Community  contribution of ECU  12.7 million. 

79 

2.2 Facilitate international agreement on the rating systems 

Concertation meetings  will be organised  to ensure a coordinated  contribution  by  Europe 
to the international  agreements on protocols  and labelling  systems and  to ensure that the 
rating  systems  take  account  of  European  diversity.  A  sum.of  ECU  0.3  million  is 
earmarked for this purpose. 

Action line 3  : Encouraging awareness  actions 

3.1 Prepare the ground for awareness-raising  actions 

As  a first  step, a  call  for  proposals  will  be  launched  for  a preparatory  action  to  identify 
the  bodies  which  can  have  a multiplier  effect  as well  as the  most  appropriate  channels, 
media and content for reaching the target public, to prepare the basic material and adapt it 
to  linguistic  and  cultural  diversity,  to  take  account  of  the  results  of  demonstration 
projects and prepare an implementation plan.  The cost of this action is estimated  at ECU 
2 million. 

3.2 Raise awareness  at all levels 

A further  call for proposals will subsequently be launched for a follow-up  action  in all 15 
Member  States, taking  into account the experience gained  in the preparatory  action.  The 
task  of  the  selected  "multiplier"  bodies  will  be  to  organise  seminars  and  workshops, 
distribute  information  packs to teachers  and  provide  assistance  with  the  implementation 
of large-scale awareness-raising  measures (creation of Web sites, distribution  of material, 
publicity  campaigns,  information  packs  for  journalists),  as  well  as  to  organise 
cooperation and the exchange of experience. 

The actions will be of two types: those directed at teachers and those aimed at the general 
public.  In  the  first  instance,  seminars  and  workshops  will  be  organised  and  specialist 
material  will  be  distributed.  For  the  general  public,  Web  sites  will  be  created,  the 
information  material will be distributed in schools, by access providers, in computer sales 
outlets  and  on  CD-ROM  in  information  technology journals.  The  traditional  media  will 
be used  for publicity  campaigns  and  information  packs will  be distributed  to journalists. 
Arrangements  will  be  made  for  the  coordination  and  exchange  of  information  at 
European level. A sum of ECU 7.4 million will be required for the various actions. 

Action line 4  : Support actions 

4.1 Assess the legal  implications 

A call for tenders will be launched to assess the legal issues raised by the content or use 
of the Internet. The sum required for this action is estimated at ECU  1.0 million. 

4.2 Coordinate with simiilar international  initiatives 

A sum of ECU 0.4 million is earmarked for concertation meetings and the organisation of 
an  international  conference,  which  are  needed  to  ensure  coherence  between  European 
actions and those undertaken  in other parts of the world, and also to share experience. 

3(e 

4.3 Evaluate the impact of Community measures 

The cost of the two evaluation exercises is estimated at ECU 0.6 million. 

7.2  Schedule for the multiannual actions 

Fully  effective  implementation  of  the  Community  action  plan  requires  resource 
planning for the entire period covered. 

The  European  Union  must  earmark  the  funds  needed  to  implement  its  political 
priorities in the field of the information  society and to envisage, even at this stage, 
some additional support in anticipation of the establishment of the future  financial 
outlook. 

It  should  be noted  that this effort  and the  intensification  which  it  requires  fits  in 
with the financial framework as defined  by the Commission in its Communication 
relating  to  Agenda  2000,  which  provides  for  the  establishment  of  a  number  of 
programmes  where  the  funds  for  these  programmes  need  to  increase  faster  than 
GNP. These programmes are regarded as having priority owing to the added value 
that can be generated by intervention at Community level, in particular in terms of 
growth  and  employment,  as  well  as  the  development  and  dissemination  of  new 
technologies. 

In view of the key role which  use of the Internet  can play  in promoting Europe-
wide  networks,  research  and  innovation,  education  and  training  and  SMEs,  it  is 
vital to devote substantial efforts to this action. 

The action covers four action lines 

1. Creating a safe environment 

2. Developing filtering and rating systems 

3. Encouraging awareness actions 

4. Support actions 

TOTAL 

1998 
7 

1999 
7 

2000 
8 

2001 
8 

TOTAL 
30 

Million ecus 

7} 

The following  breakdown is given only by way of illustration 

Million ecus 

Action line 
1. Creating a safe 
environment 
2 Developing filtering  and 
rating systems 
3. Encouraging  awareness 
actions 
4. Support actions 

1998 
1.5 

1999 
1.5 

2000 
1.3 

2001 
1.3 

T O T AL 
5.6 

3.0 

4.0 

3.2 

2.8 

13.0 

2.0 

1.0 

3.0 

3.4 

9.4 

0.5 

0.5 

0.5 

0.5 

2.0 

TOTAL 

7.0 

7.0 

8.0 

8.0 

30.0 

FRAUD PREVENTION MEASURES; RESULTS OF MEASURES TAKEN 

Overall  control  is  provided  by  a  Committee  composed  of  representatives  of  the 
Member  States.  Commission  officials,  assisted  where  necessary  by  independent 
experts, ensure  the correct  execution  of projects  and  studies  before  any  payment  is 
made,  taking  into  account  contractual  obligations  and  the  principles  of  sound 
management, 
administrative  control  will  be  exercised  by  the  administrative 
services of DG XIII and by DG XIX and DGXX. In compliance with the Treaty, the 
Court  of  Auditors  will  carry  out  audits.  After  two  years,  and  at  the  end  of  the 
programme,  independent  experts  will  compile  a  report  evaluating  the  results 
achieved through implementation of the actions. 

ELEMENTS  OF COST-EFFECTIVENESS  ANALYSIS 

First, it must be emphasised that the action plan responds to a wish expressed  clearly 
by the politcy-making bodies of the Community, the major  objective  of which is not 
primarily economic. 

Effectiveness  therefore  cannot be measured  in economic terms such as jobs  created, 
although effectiveness  indicators can be set up. (cf.  9.1). 

It  is  also  true  that  the  action  plan  will  contribute  to  the  development  of  the 
information  society,  in particular  by  encouraging  its use by  children  who  will  thus 
be better trained to handle this increasingly indispensable tool. 

Community action will foster the coordination which is indispensable at Community 
level to avoid purely national solutions, thereby strengthening the internal market. 

Lastly,  by  promoting  international  coordination,  it  will  enable  Europe  to  retain  its 
driving role in this  field. 

3g 

9.1 

Specific and quantified  objectives; target population 

9.1.1  Creating a safe environment 

The work programme could define objectives relating to 

• 

the proportion of access providers who are members of a self-regulating  body and 

• 

the  number  and  geographical  and  linguistic  coverage  of  the  "hot-lines"  which 
have been set up and are operational. 

Target population 

•  Services  handling  content  belonging  to  third  parties,  content  providers,  access 

providers 

9.1.2  Developing filtering and rating systems 

The quantified  objectives could cover: 

• 

• 

• 

the  proportion  of  the  content  circulating  in  the  European  Union  for  which  the 
providers use a rating system 

the  proportion  of  the  content  circulating  in  the  European  Union  for  which  the 
suppliers use a rating system suited to the needs of European users 

the  number  of  rating  systems  provided  by  third  parties  which  users  are  free  to 
choose, and their content coverage in relation to the needs of European users. 

Target population 

Associations  or  groups  proposing  rating  systems,  software  producers,  services 
handling  content  belonging  to  third  parties,  content  providers,  access  providers, 
users 

9.1.3  Encouraging awareness actions 

The quantified  objectives could cover 

• 

• 

the  existence  in each  Member  State  of awareness-raising  measures  aimed  at  the 
target public, i.e. parents, teachers and children. 

the proportion of parents owning a computer and of teachers using a computer  in 
their teaching who have been made aware of these measures. 

Target population 

•  Users, particularly parents, teachers and children 

"5*7 

P. 1.4  Support actions 

Since the type of  support  action can vary  according  to the circumstances  and the 
main  action  line  involved,  it  is  not  appropriate  to  set  specific  objectives  for  this 
action line. 

9.2 

Grounds for the operation 

The work which has already been carried out within the EU, based on the work of 
the  Commission  as part  of  the  Working  Party  on  the  Internet,  and  on  the  Green 
Paper  on  the  protection  of  minors  and  human  dignity  in  audio-visual  and 
information  services, achieved broad consensus between the European  Parliament, 
the Council and the Member States on the approach to be adopted. 

A distinction must be made between illegal content and harmful  content. The two 
categories require different measures. 

Illegal  content  must  be  dealt  with  at  source  by  the police  and  law-enforcement 
authorities, and their activities  are covered  by other  instruments. Nonetheless, the 
industry  can  contribute  to  sharply  reducing  the  circulation  of  illegal  content  (in 
particular content such as child pornography, racism and anti-semitism) by means of 
self-regulatory  systems which operate effectively  (such as codes of conduct and 
the establishment  of hot-lines),  with due regard  for  and with the support  of the 
legal system. 

In the case of harmful content, the priority actions should: 

empower  users  to  deal  with  the  harmful  content  by  developing  technological 
solutions (filtering systems and content rating) 

increase parental awareness, 

develop  self-regulation,  which  can provide  an adequate  framework,  in  particular 
for the protection of minors. The exchange of information  between  self-regulatory 
bodies and the industry will also cover self-regulatory  activities in connection with 
harmful content. 

The practical measures taken recently by the Member States in these two fields are 
summed  up  in  the  second  report  of  the  Working  Party.  This  report  clearly 
demonstrates that action is possible and also that such action must be strengthened 
in the light of the fact that some Member States have failed to make serious progress 
on the actions  outlined,  others are at the  stage of dicsussions  between  the  parties 
involved, while others are only starting. 

The report establishes that most Member States advocate an active role as catalyst 
for  the  Commission,  in view of the  international  character  and  complexity  of the 
challenges.  Such  an  active  role  should  aim  to  encourage  the  coordination  and 
convergence of measures between Member States, for example in terms of the scope 
and content of codes of conduct, thereby  avoiding  a distortion  of competition and 
legal uncertainty and promoting cooperation in a number of fields. 

HO 

9.3 

Monitoring and evaluation of the operation 

After  two years, and on completion  of the programme, a report  will  be drawn up 
evaluating the results achieved following implementation of the actions. 

Apart from measuring  developments  in  the  initial  position  and  the  impact  of  the 
actions under the programme on this position, more accurate performance  indicators 
will be observed for each of the activities enumerated. 

10.  ADMINISTRATIVE  EXPENDITURE  (PART A OF SECTION  III  OF THE 

GENERAL BUDGET) 

The effective  mobilisation of the necessary administrative resources will depend on 
the annual decision of the  Commission on the allocation of resources, in particular 
in the light of the additional staff and funds granted by the budgetary authority. 

10.1 Impact on the number of posts 

Type of posts 

Staff to be allocated to 
management of the action 

of which 

duration 

permanents 
posts 

temporary 
pjosis 

using 

by 
additional 
resources 

using 

by 
•existing 
resources 
within the DG 
or  department 
concerned 

Officials 

temporary 

or 
agents 

A 

B 

C 

2 

0 

1 

Other resources 

r^^^^ÊS^ÊÊ^ 

Total 

3 

2 

0 

1 

3 

4 years 

4 years 

4 years 

4 years 

k( 

10.2 Increase in other administrative expenditure arising from the operation 

(ecus) 

Budget heading 

Amount 

Method of calculation 

(No and title) 

A-250 
experts 

Meeting 

of 

576 000 

A-2510 
meeting 

Committee 

180 000 

=  4x12x12  000.  An  overall  budget  for  12 
meetings at an average cost of ECU 12 000 is 
required to finance the meetings of experts, in 
particular those of the Internet Working Party 
set  up  at  the  request  of  the  Council,  which 
groups  some  50  persons  representing  the 
computer  industry,  users  and  the  public 
sectors. 

=  4x3x15  000.  The  Action  Plan  Committee 
will hold  an average of 3 meetings  annually 
at  an  average  cost  of  ECU  15  000,  which 
takes  account  of  the  synergy  to  be  secured 
INFOCOM-MLIS 
with 
Committee, set up as part of the INFOR2000 
and  MLIS programmes,  in  order  to  ensure 
optimum coherence and effectiveness. 

combined 

the 

A-130 Missions 

160 000 

= 4x5x20x400. The total cost of missions for 
Commission  staff  and  seconded  national 
experts  is estimated  at  ECU  160  000, based 
on  an  average  of  one  mission  every  two 
weeks at an average cost of ECU 400/mission 
for 5 persons. 

Total 

916 000 

HL 

ISSN 0254-1475 

COM(97) 582 final 

DOCUMENTS 

EN 

10  15  16 

Catalogue number  :  CB-CO-97-686-EN-C 

ISBN  92-78-28709-1 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg 

Hi