Talk:Best practices of self- and co-regulation of platforms towards a legal framework – WS 12 2021

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Draft Concept note

version 11-April-2021

WORKSHOP 12 affluent to Focus Session 4:

The advent of new digital media has amplified the concerns about the spread of disinformation and hate online. Against these challenges, the European Union has relied on a certain number of tools to address the challenges. Primarily, the Commission has introduced self-regulatory instruments like codes of conducts and guidelines to nudge online platforms to introduce transparency and accountability mechanisms. The code of conduct on hate speech and the code of practice of disinformation are the paradigmatic example of this European strategy. Besides, the Recommendation on measures to effectively tackle illegal content online, adopted in 2018, can be considered general approach of the Commission to challenges of content moderation.

Two years have passed from the launch of that strategy and in June 2021 all the pieces are supposed to be operational: EDMO (the European observatory on disinformation), 6 national observatories and many others. Together with these initiatives, online platforms have put in place voluntary mechanisms as suggested by the code of conducts. However, even if the monitoring of the code of conducts has shown how the online platforms’ measures have contributed to mitigating the dissemination of disinformation and hate speech online, the decision on how to address these challenges is in the hands of private entities determining how to put in place voluntary mechanism to limit harmful content online. The covid-19 pandemic has shown how voluntary mechanisms have not been effective to reduce the spread of disinformation like conspiracy theories or false information about health treatments.

This phase of self-regulation is likely close to an end. In the last years, the Union has increasingly intervened in the framework of content moderation and platform governance. The Copyright Directive, the amendments to the Audiovisual Media Service Directive or the proposal for a Regulation on terrorist content are just some examples which have enriched the approach of the Union to online platforms and online speech. The Digital Services Act and the DMA (but also EDAP) will increasingly make the entire framework less reliant on self-regulation moving the perspective towards hard regulation characterized by procedural safeguards based on transparency and accountability.

EuroDIG 2021 would be the perfect timing to picture these changes in the European digital policy. Within an increasing proliferation of instruments to address online speech and platform governance, this workshop aims to make an assessment about self-regulating disinformation and hate-online and focus on the evolution of the European path in the next years. In particular, this workshop aims to address three primary points:

  • the lesson learnt from self-regulation;
  • the status quo of online platform voluntary mechanisms;
  • the new phase of hard regulation and its relationship with self-regulations existing mechanisms.


NOTES FROM THE FIRST MEETING OF THE TEAM PREPARING WORKSHOP 12 At Eurodig 2021

28/4/2021

Attendees: EuroDIG secretariat and expert team:

  • Yrjo Lansipuro
  • Rainer Rodewald

Coordinators

  • Giacomo Mazzone
  • Giovanni De Gregorio

Team members: (registered in the mailing list)

  • Vittorio Bertola (Open-xchange)
  • Juuso Jarviniemi, college of Europe at Bruges

Team members: (not yet registered in the mailing list)

  • Elena Perotti (WAN IFRA)
  • Claire Pershan (Policy Coordinator, EU DisinfoLab)

Guest:

  • Colin Kurre (OFCOM UK)

Excused:

  • GFMD (Jordan Higgins)
  • Aleksandra Ivankovic

NB: team members that have not yet joined the list (Claire, Elena, Jordan), are invited to do so

POINT DISCUSSED:

  • WS 12 as part of the media related events at EuroDIG 2021 and as affluent to FS4
  • Concept note
  • Profiles of persons/roles/institutions/bodies that we would to invite to speak
  • Possible names of speakers corresponding to such profiles
  • Date of the next meeting
  • Background documents to be indicated in the wiki as literature contributing to the workshop

ON WS 12 AS PART OF THE MEDIA RELATED EVENTS AT EURODIG 2021 AND AS AFFLUENT TO FS4

YL explains that WS 12 is part of other 4 workshops that will contribute to feed the discussion of Focus Session 4, that as aim to create a trusted media sphere in Europe. Contribution expected by WS12 is to reflect on the success and the limits of self-regulatory processes. VB underlines that there are other workshops in the programme, not contributing to FS4, that have relations with the discussions happening in WS12, as for instance WS1 of which he is coordinator. The same for DSA-DMA discussions.

ON CONCEPT NOTE (see document above)

The document was briefly presented by Giovanni De Gregorio and approved by the participants as starting base for the discussion.

  • Written remarks to the concept note has to be sent before the next meeting of WS12 team

ON PROFILES OF PERSONS/ROLES/INSTITUTIONS/BODIES THAT WE WOULD TO INVITE TO SPEAK According to the concept note, WS12 would need to involve different kind of stakeholders, such as:

A. Academia researchers having worked on self regulation experiences and their results
B. Regulators and Legislators that have put in place code of practices or standards or tools for self and co-regulation
C. Civil Society organizations dealing with these experiences and having a say on the current results
D. Self regulation Experiences from Internet Platforms

ON POSSIBLE NAMES OF SPEAKERS CORRESPONDING TO SUCH PROFILES

Group A
(suggested names)
  • GDRH Global network of HR
  • EU DisinfoLab suggests VUB Trisha Meyer's research with EU DisinfoLab GDRH Global network of HR
  • Mathias Ketterman made a research on COVID and misinformation
Group B
(suggested names)
Group C
(suggested names)
  • EP: WAN IFRA has some example of content moderation in traditional media
  • EU disinformation or any member having contributed to the EU consultation
Group D
  • FaceBook oversight board / google right to be forgotten / Twitter bird watch / Tik Tok Safety council

YL informed that direct contact is established with the secretariat of the Facebook Oversight Board.

DATE OF THE NEXT MEETING

Next meeting of the team will take place in more or less 10 days. Suggested date: Monday 10/5 same time (4-5 PM CET), through a zoom meeting called by Secretariat.

BACKGROUND DOCUMENTS TO PUBLISH ON THE WIKI AS LITERATURE CONTRIBUTING TO THE WORKSHOP

USEFUL WEBSITES:


NOTES FROM THE 2ND MEETING TEAM PREPARING WORKSHOP 12 At Eurodig 2021

10/05/2021

ATTENDEES: EuroDIG secretariat and expert team:

  • Yrjo Lansipuro and Rainer Rodewald

Coordinators:

  • Giacomo Mazzone & Giovanni De Gregorio

Team members:

  • (registered in the mailing list)
  • Juuso Jarviniemi, college of Europe at Bruges
  • Elena Perotti (WAN IFRA);
  • GFMD Mira Milosevic & Jordan Higgins
  • Colin Kurre (OFCOM UK) Collin.kurre@ofcom.org.uk

Excused:

  • Farzaneh Badiei (Yale Law school)
  • Claire Pershan

POINT DISCUSSED:

  1. Structure of the WS12
  2. Possible names of speakers corresponding to profiles defined during the 1st meeting
  3. Date of the next meeting
  4. Background documents to be indicated in the wiki as literature contributing to the workshop

On point 1 (structure of the workshop):

Moderator introduction: 2’
4 speakers : 7’ each 28’
Debate with the audience 15’
Final recommendations 10’
Moderator Conclusions 5’
Total duration 60’

Order of the speakers :

  1. Academia (providing a general overview on existing self-regulatory and co-regulatory mechanisms)
  2. A case study of an institutional co-regulatory body:
  3. A case study of an selfregulatory body:
  4. The regulatory approach across Europe

On point 2 (Possible names of speakers corresponding to profiles defined during the 1st meeting): Moderator: Civil society representative (GFMD ? WAN-IFRA ?)

1. Academia (providing a general overview on existing self-regulatory and co-regulatory mechanisms) -
a. GDRH Global network of HR research on self and co-regulation https://gdhrnet.eu/
b. EU DisinfoLab suggests VUB Trisha Meyer's research https://www.disinfo.eu/publications/one-year-onward-platform-responses-to-covid-19-and-us-elections-disinformation-in-review
2. case study of an institutional co-regulatory body:
EDMO one of the two chairs or the secretary general https://edmo.eu/
3. case study of an self-regulatory body:
a. Cherine Chalaby, member of Board of Trustees at FB oversight board https://oversightboard.com/
4. The regulatory approach across Europe
a. OFCOM
OFCOM has publishes researches on how code of practices have worked https://www.ofcom.org.uk/__data/assets/pdf_file/0020/212861/tools-for-online-regulation.pdf
b. ERGA
ERGA has published in March 2021 its report on EU code of practice on disinformation https://erga-online.eu/wp-content/uploads/2021/03/ERGA-SG2-Report-2020-Notions-of-disinformation-and-related-concepts-final.pdf

On point 3 (date of the next meeting): Monday May 17 at 3 PM NB: deadline to provide EuroDIG secretariat the list of the speakers and the structure of the WS12 is fixed to May 20th e.o.b.

On point 4 (other background documents): OTHER BACKGROUND DOCUMENTS CONTRIBUTING TO THE WORKSHOP

NOTES FROM THE 3rd MEETING TEAM PREPARING WORKSHOP 12 At Eurodig 2021

17/05/2021

ATTENDEES:

EuroDIG secretariat:

  • Rainer Rodewald

Coordinators:

  • Giacomo Mazzone
  • Giovanni De Gregorio

Team members:

  • Vittorio Bertola (coordinator WS 1)
  • Jutta Croll (Digitale chancen)
  • Paula Gori (EDMO)
  • Juuso Jarviniemi, college of Europe at Bruges
  • Elena Perotti (WAN IFRA);

Excused:

  • Farzaneh Badiei (Yale Law school)
  • GFMD Mira Milosevic & Jordan Higgins
  • Collin Kurre (OFCOM UK)
  • Claire Pershan (Policy Coordinator, EU DisinfoLab),
  • Aleksandra Ivankovic

POINT DISCUSSED:

  1. Finalization of the structure of the WS12
  2. Names of speakers corresponding to profiles defined during the 1st and 2nd meeting
  3. Date of the next meeting (if needed)
  4. Background documents to be indicated in the wiki as literature contributing to the workshop

On point 1 (structure of the workshop):

Moderators’ introduction: 3’
4 speakers: 7’ each, 28’
  1. Academia (providing a general overview on existing self-regulatory and co-regulatory mechanisms)
  2. A case study of an self-regulatory body
  3. A case study of an institutional co-regulatory body
  4. The regulatory approach across Europe
Debate with the audience 15’
Final recommendations 10’
Moderators’ Conclusions 4’
Total duration 60’

On point 2 (names of speakers corresponding to profiles defined during the 1st meeting):

Moderators: Civil society representative (Mira Milosevic for GFMD & Elena Perotti for WAN-IFRA)

  1. Academia (providing a general overview on existing self-regulatory and co-regulatory mechanisms) -
    a.
    Giovanni De Gregorio on behalf of the GDRH Global network of HR research on self and co-regulation https://gdhrnet.eu/
    (back up proposal)
    Trisha Meyer VUB research (suggested by EU DisinfoLab
  2. A case study of an self-regulatory body:
    a.
    Cherine Chalaby, member of Board of Trustees at FB oversight board https://oversightboard.com/
    (back up proposal)
    b.
    (no name yet) Tik Tok Safety advisory council (contacts to be provided by EDMO and by EU DisinfoLab
  3. 3. A case study of an institutional co-regulatory body1:
    a.
    Miguel Pojares Maduro or Madeleine de Cock Buning (co-chairs of EDMO) or Paula Gori (secretary general) https://edmo.eu/ EDMO
  4. The regulatory approach across Europe
    a.
    ERGA
    ERGA has published in March 2021 its report on EU code of practice on disinformation https://erga-online.eu/wp-content/uploads/2021/03/ERGA-SG2-Report-2020-Notions-of-disinformation-and-related-concepts-final.pdf
    b.
    OFCOM
    OFCOM has publishes researches on how code of practices have worked https://www.ofcom.org.uk/__data/assets/pdf_file/0020/212861/tools-for-online-regulation.pdf
    c.
    Maja Cappello EAO – European audiovisual observatory,Head Dpt. Legal Information https://www.obs.coe.int/en/web/observatoire/cappello-maja (Juuso Jarviniemi and Paula Gori)

NB: Jutta Croll expressed her availability to be rapporteur for the session.

On point 3 (date of the next meeting):

Coordination of the WS12 will provide the the list of the speakers and the structure of the WS12 – as requested by secretariat - by May 20th e.o.b.

ONLY in case a problem will arise about suggested names, a new call will be conveyed.

On point 4 (other background documents):

OTHER BACKGROUND DOCUMENTS CONTRIBUTING TO THE WORKSHOP

(suggested readings before the workshop)

About the functioning of Self Regulation and Co-regulation systems:

(suggested by Claire Pershan)

(suggested by Giovanni De Gregorio)

About the comments moderations:

(suggested by Elena Perotti)

About self-regulation national organizations (TV, printed media, internet):

(suggested by Jutta Croll)

  • ????

About platforms self-regulation model:

(suggested by Claire Pershan)

(suggested by E. Perotti)

(suggested by Yrjo Lansipuro)

About regulatory approach across Europe:

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