Publicaties

Top Keywords

Privatised enforcement and the right to freedom of expression in a world confronted with terrorism propaganda online external link

Coche, E.
Internet Policy Review, vol. 2018, num: 4, 2018

Abstract

The purpose of this paper is to explore the risks of privatised enforcement in the field of terrorism propaganda, stemming from the EU Code of conduct on countering illegal hate speech online. By shedding light on this Code, the author argues that implementation of it may undermine the rule of law and give rise to private censorship. In order to outweigh these risks, IT companies should improve their transparency, especially towards users whose content have been affected. Where automated means are used, the companies should always have in place some form of human intervention in order to contextualise posts. At the EU level, the Commission should provide IT companies with clearer guidelines regarding their liability exemption under the e-Commerce Directive. This would help prevent a race-to-the bottom where intermediaries choose to interpret and apply the most stringent national laws in order to secure at utmost their liability. The paper further articulates on the fine line that exists between ‘terrorist content’ and ‘illegal hate speech’ and the need for more detailed definitions.

code of conduct, frontpage, handhaving, hate speech, terrorisme, Vrijheid van meningsuiting

Bibtex

Article{Coche2018g, title = {Privatised enforcement and the right to freedom of expression in a world confronted with terrorism propaganda online}, author = {Coche, E.}, url = {https://policyreview.info/articles/analysis/privatised-enforcement-and-right-freedom-expression-world-confronted-terrorism}, doi = {https://doi.org/10.14763/2018.4.1382}, year = {1106}, date = {2018-11-06}, journal = {Internet Policy Review}, volume = {2018}, number = {4}, pages = {}, abstract = {The purpose of this paper is to explore the risks of privatised enforcement in the field of terrorism propaganda, stemming from the EU Code of conduct on countering illegal hate speech online. By shedding light on this Code, the author argues that implementation of it may undermine the rule of law and give rise to private censorship. In order to outweigh these risks, IT companies should improve their transparency, especially towards users whose content have been affected. Where automated means are used, the companies should always have in place some form of human intervention in order to contextualise posts. At the EU level, the Commission should provide IT companies with clearer guidelines regarding their liability exemption under the e-Commerce Directive. This would help prevent a race-to-the bottom where intermediaries choose to interpret and apply the most stringent national laws in order to secure at utmost their liability. The paper further articulates on the fine line that exists between ‘terrorist content’ and ‘illegal hate speech’ and the need for more detailed definitions.}, keywords = {code of conduct, frontpage, handhaving, hate speech, terrorisme, Vrijheid van meningsuiting}, }

Voices near and far: Introduction external link

van Eechoud, M.
1219

Abstract

The goal of this introduction is to ‘set the stage’ so to speak for the various explorations that follow, of notions of collaborative authorship and original works in academic thought, societal practice and as legal norms. To provide especially the readership not familiar with copyright lawmaking with a useful backdrop, what follows is a characterisation of the current state of copyright law in Europe. I shall briefly describe the role of the EU as primary actor in copyright reform. We can then sketch what the pertinent questions are on authorship and copyright subject-matter, a.k.a. original intellectual creations, and how the authors of each chapter have addressed these. The contributions in this volume all borrow from different disciplines. This introduction concludes with some observations on the many voices in academia that speak on creative practices, and on their relative proximity to copyright scholarship. Although technology and economics will continue to drive developments in intellectual property law, humanities research can (and should) have real impact on the quality of law and legal interpretation.

Auteursrecht

Bibtex

Chapter{vanEechoud2014, title = {Voices near and far: Introduction}, author = {van Eechoud, M.}, url = {https://www.ivir.nl/publicaties/download/Voicesnearandfar.pdf}, year = {1219}, date = {2014-12-19}, abstract = {The goal of this introduction is to ‘set the stage’ so to speak for the various explorations that follow, of notions of collaborative authorship and original works in academic thought, societal practice and as legal norms. To provide especially the readership not familiar with copyright lawmaking with a useful backdrop, what follows is a characterisation of the current state of copyright law in Europe. I shall briefly describe the role of the EU as primary actor in copyright reform. We can then sketch what the pertinent questions are on authorship and copyright subject-matter, a.k.a. original intellectual creations, and how the authors of each chapter have addressed these. The contributions in this volume all borrow from different disciplines. This introduction concludes with some observations on the many voices in academia that speak on creative practices, and on their relative proximity to copyright scholarship. Although technology and economics will continue to drive developments in intellectual property law, humanities research can (and should) have real impact on the quality of law and legal interpretation.}, keywords = {Auteursrecht}, }

The right to protection of personal data: the new posterchild of European Union citizenship? external link

Irion, K. & Granger, M.-P.
Edward Elgar Publishing, 1031

Abstract

In this chapter we argue that the right to data protection is the posterchild of EU citizenship in the digital era. We start by providing a brief overview of the gradual construction of the right to personal data protection in the EU. We then identify a range of actors who have played a particular role in the building process, including EU citizens themselves. Next, we review the current legal ‘architecture’ of the right to the protection of personal data and discuss whether it could serve as a model for the future development of EU citizenship, notwithstanding remaining challenges at the level of national implementation and public and private compliance with EU rules. Finally, we reflect on the future of the right to data protection, and its contribution to the development of EU citizenship as a legal regime.

citizenship, EU law, frontpage, GDPR, Privacy

Bibtex

Chapter{Irion2018c, title = {The right to protection of personal data: the new posterchild of European Union citizenship?}, author = {Irion, K. and Granger, M.-P.}, url = {https://www.ivir.nl/publicaties/download/The-right-to-protection-of-personal-data-prepub.pdf}, doi = {https://doi.org/10.4337/9781788113441.00019}, year = {1031}, date = {2018-10-31}, abstract = {In this chapter we argue that the right to data protection is the posterchild of EU citizenship in the digital era. We start by providing a brief overview of the gradual construction of the right to personal data protection in the EU. We then identify a range of actors who have played a particular role in the building process, including EU citizens themselves. Next, we review the current legal ‘architecture’ of the right to the protection of personal data and discuss whether it could serve as a model for the future development of EU citizenship, notwithstanding remaining challenges at the level of national implementation and public and private compliance with EU rules. Finally, we reflect on the future of the right to data protection, and its contribution to the development of EU citizenship as a legal regime.}, keywords = {citizenship, EU law, frontpage, GDPR, Privacy}, }

Media Constrained by Context: International Assistance and the Transition to Democratic Media in the Western Balkans external link

Jusić, T. & Irion, K.
Budapest/ New York: CEU Press, 2018, 1031, ISBN: 978-963-386-259-9

Abstract

This book compares the results of twenty years of international media assistance in the five countries of the western Balkans. It asks what happens to imported models when they are applied to newly evolving media systems in societies in transition. Albania, Bosnia-Herzegovina, Kosovo, Macedonia, and Serbia undertook a range of media reforms to conform with accession requirements of the European Union and the standards of the Council of Europe, among others. The essays explore the nexus between the democratic transformation of the media and international media assistance in these countries. The cross-national analysis concludes that the effects of international assistance are highly constrained by local contexts. In hindsight it becomes clear that escalating media assistance does not necessarily improve outcomes.

Albania, Bosnia-Herzegovina, domcratization, frontpage, international assistance, Kosovo, Macedonia, media assistance, media supervisory authority, media systems, public service media, Serbia, western Blakan

Bibtex

Book{Jusić2018, title = {Media Constrained by Context: International Assistance and the Transition to Democratic Media in the Western Balkans}, author = {Jusić, T. and Irion, K.}, url = {http://ceupress.com/book/media-constrained-context}, year = {1031}, date = {2018-10-31}, abstract = {This book compares the results of twenty years of international media assistance in the five countries of the western Balkans. It asks what happens to imported models when they are applied to newly evolving media systems in societies in transition. Albania, Bosnia-Herzegovina, Kosovo, Macedonia, and Serbia undertook a range of media reforms to conform with accession requirements of the European Union and the standards of the Council of Europe, among others. The essays explore the nexus between the democratic transformation of the media and international media assistance in these countries. The cross-national analysis concludes that the effects of international assistance are highly constrained by local contexts. In hindsight it becomes clear that escalating media assistance does not necessarily improve outcomes.}, keywords = {Albania, Bosnia-Herzegovina, domcratization, frontpage, international assistance, Kosovo, Macedonia, media assistance, media supervisory authority, media systems, public service media, Serbia, western Blakan}, }

Annotatie bij Geschillencommissie Auteurscontractenrecht 27 juli 2018 (Soof 2) external link

Hugenholtz, P.
AMI, vol. 2018, num: 5, pp: 213-215, 2018

auteurscontractenrecht, Auteursrecht, film, frontpage, royalties

Bibtex

Article{Hugenholtz2018h, title = {Annotatie bij Geschillencommissie Auteurscontractenrecht 27 juli 2018 (Soof 2)}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/Annotatie_AMI_2018_5-1.pdf}, year = {1030}, date = {2018-10-30}, journal = {AMI}, volume = {2018}, number = {5}, pages = {213-215}, keywords = {auteurscontractenrecht, Auteursrecht, film, frontpage, royalties}, }

Tentoonstellen van ongepubliceerde brieven: Annotatie bij Hof Amsterdam 6 februari 2018 (Anne Frank Stichting / Anne Frank-Fonds) external link

Kabel, J.
AMI, vol. 2018, num: 5, pp: 203-206, 2018

Auteursrecht, frontpage, openbaarmaking

Bibtex

Article{Kabel2018d, title = {Tentoonstellen van ongepubliceerde brieven: Annotatie bij Hof Amsterdam 6 februari 2018 (Anne Frank Stichting / Anne Frank-Fonds)}, author = {Kabel, J.}, url = {https://www.ivir.nl/publicaties/download/Annotatie_AMI_2018_5.pdf}, year = {1030}, date = {2018-10-30}, journal = {AMI}, volume = {2018}, number = {5}, pages = {203-206}, keywords = {Auteursrecht, frontpage, openbaarmaking}, }

Media reporting: facts, nothing but facts? external link

Alén-Savikko, A., Apa, E., Bassini, M., Cabrera Blázquez, F.J., Cunningham, I., Etteldorf, C., Granchet, A., Klimkiewicz, B., Fahy, R., Polák, J., Prosser, T., Richter, A. & Rodriguez, N.
2018

Abstract

Separating the facts from the fiction in today’s media is becoming mission impossible. In the era of the #fakenews hashtag, the internet, and the media in general, are concerned by the emergence of fiction which is sometimes much stranger than truth! So what rules and initiatives exist in Europe to help ensure the accuracy and objectivity of news and current affairs reporting? How far can the European and the various national legislators go to protect us from dubious reporting or at least ensure that codes of good conduct exist?

Fake news, frontpage, Mediarecht

Bibtex

Report{Alén-Savikko2018, title = {Media reporting: facts, nothing but facts?}, author = {Alén-Savikko, A. and Apa, E. and Bassini, M. and Cabrera Blázquez, F.J. and Cunningham, I. and Etteldorf, C. and Granchet, A. and Klimkiewicz, B. and Fahy, R. and Polák, J. and Prosser, T. and Richter, A. and Rodriguez, N.}, url = {https://rm.coe.int/media-reporting-facts-nothing-but-facts/16808e3cda}, year = {1024}, date = {2018-10-24}, abstract = {Separating the facts from the fiction in today’s media is becoming mission impossible. In the era of the #fakenews hashtag, the internet, and the media in general, are concerned by the emergence of fiction which is sometimes much stranger than truth! So what rules and initiatives exist in Europe to help ensure the accuracy and objectivity of news and current affairs reporting? How far can the European and the various national legislators go to protect us from dubious reporting or at least ensure that codes of good conduct exist?}, keywords = {Fake news, frontpage, Mediarecht}, }

The WIPO Broadcasting Treaty. A Conceptual Conundrum external link

Hugenholtz, P.
2018

Abstract

Keynote at KEI Seminar, Appraising the WIPO Broadcast Treaty and its Implications on Access to Culture, Geneva 3-4 October 2018

Auteursrecht, broadcasting treaty, frontpage, Naburige rechten, omroepen, WIPO

Bibtex

Other{Hugenholtz2018g, title = {The WIPO Broadcasting Treaty. A Conceptual Conundrum}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/Keynote_WIPO_Broadcasting_Treaty_2018.pdf}, year = {1024}, date = {2018-10-24}, abstract = {Keynote at KEI Seminar, Appraising the WIPO Broadcast Treaty and its Implications on Access to Culture, Geneva 3-4 October 2018}, keywords = {Auteursrecht, broadcasting treaty, frontpage, Naburige rechten, omroepen, WIPO}, }

My Friends, Editors, Algorithms, and I: Examining audience attitudes to news selection external link

Thurman, N., Möller, J., Helberger, N. & Trilling, D.
Digital Journalism, vol. 2018, 2018

Abstract

Prompted by the ongoing development of content personalization by social networks and mainstream news brands, and recent debates about balancing algorithmic and editorial selection, this study explores what audiences think about news selection mechanisms and why. Analysing data from a 26-country survey (N = 53,314), we report the extent to which audiences believe story selection by editors and story selection by algorithms are good ways to get news online and, using multi-level models, explore the relationships that exist between individuals’ characteristics and those beliefs. The results show that, collectively, audiences believe algorithmic selection guided by a user’s past consumption behaviour is a better way to get news than editorial curation. There are, however, significant variations in these beliefs at the individual level. Age, trust in news, concerns about privacy, mobile news access, paying for news, and six other variables had effects. Our results are partly in line with current general theory on algorithmic appreciation, but diverge in our findings on the relative appreciation of algorithms and experts, and in how the appreciation of algorithms can differ according to the data that drive them. We believe this divergence is partly due to our study’s focus on news, showing algorithmic appreciation has context-specific characteristics.

algoritmes, curation, filtering, frontpage, gatekeeping, Journalistiek, Mediarecht, personalization, recommender systems, user tracking

Bibtex

Article{Thurman2018, title = {My Friends, Editors, Algorithms, and I: Examining audience attitudes to news selection}, author = {Thurman, N. and Möller, J. and Helberger, N. and Trilling, D.}, url = {https://doi.org/10.1080/21670811.2018.1493936}, year = {1019}, date = {2018-10-19}, journal = {Digital Journalism}, volume = {2018}, pages = {}, abstract = {Prompted by the ongoing development of content personalization by social networks and mainstream news brands, and recent debates about balancing algorithmic and editorial selection, this study explores what audiences think about news selection mechanisms and why. Analysing data from a 26-country survey (N = 53,314), we report the extent to which audiences believe story selection by editors and story selection by algorithms are good ways to get news online and, using multi-level models, explore the relationships that exist between individuals’ characteristics and those beliefs. The results show that, collectively, audiences believe algorithmic selection guided by a user’s past consumption behaviour is a better way to get news than editorial curation. There are, however, significant variations in these beliefs at the individual level. Age, trust in news, concerns about privacy, mobile news access, paying for news, and six other variables had effects. Our results are partly in line with current general theory on algorithmic appreciation, but diverge in our findings on the relative appreciation of algorithms and experts, and in how the appreciation of algorithms can differ according to the data that drive them. We believe this divergence is partly due to our study’s focus on news, showing algorithmic appreciation has context-specific characteristics.}, keywords = {algoritmes, curation, filtering, frontpage, gatekeeping, Journalistiek, Mediarecht, personalization, recommender systems, user tracking}, }