Hi all!
Brussels business picked up very, very quickly in September and it is full
steam ahead for regulations on media freedom while the regulation on
fighting sexual abuse material online is in a decisive phase. We are
approaching the end of the legislative term, after all. Simultaneously,
France is causing headaches for everyone. Zut !
Dimi & Michele
=== EMFA ===
The European Union is working on a law that is intended to boost media and
journalistic freedom
<https://ec.europa.eu/commission/presscorner/detail/en/ip_22_5504> across
the bloc. It is a bag of very versatile measures that are intended to help
a pluralistic media landscape. Things like rules on government spending on
public service announcements and enshrining the protection of sources at
the EU level. For Wikimedia this law is relevant, because it also wants to
limit how online platforms moderate content by media providers, who can be
media outlets but also individuals, such as journalists.
—
We are talking about Article 17 of the proposed law, which would require
online platforms to warn media providers ahead of moderating their content
and to give them a fast-track channel to contest decisions. Some lawmakers
even suggest that online platforms be prohibited from deleting content by
media providers before the provider has had a chance to reply. All this is
highly problematic, seeing that disinformation is sometimes produced
bymedia providers. Luckily for us, Wikimedia projects are exempt from this
provision in the Commission proposal and in the general approach taken by
Council
<https://drive.google.com/file/d/1kjamCk9YTROvUH6AAbhJHPvsNqNJVs_9/view?usp=sharing>
.
—
The European Parliament, in one of its iterations of the text, edited the
wording of the article in a way that would actually cover Wikimedia
projects. Even worse; after reaching out to MEPs and explaining what had
happened, a new Recital 35a explicitly recognises the role of online
encyclopaedias and excludes them from the scope of the Article
<https://www.europarl.europa.eu/doceo/document/A-9-2023-0264_EN.pdf> (see
page 47).
The Culture Committee adopted this in its report
<https://www.europarl.europa.eu/doceo/document/A-9-2023-0264_EN.pdf>that
now needs to be voted on in plenary (vote is scheduled for the 3rd of
October).
—
We still prefer the versions of the Council and the Commission, as they
target only online platforms that offer business to business services to
media providers. With such a well targeted definition, there is no need for
messy exceptions. We will support this during the trilogue negotiations. We
expect negotiations to conclude in the first half of the next year.
—
Nota bene: We supported EDRi’s demands on Article 4
<https://edri.org/our-work/open-letter-european-parliament-protect-journalists-ban-spyware-emfa/>
(Rights of media service providers) that demands a ban for the deployment
of spyware against media service providers. While such a provision would
not directly interfere with Wikimedia projects, it spying on journalists
would have negative consequences on freedom of expression and credible
sources. So we decided to co-sign this in support of journalists’ unions.
===CSAM ===
The work on the regulation laying down rules to prevent and combat child
sexual abuse material
<https://en.wikipedia.org/wiki/Regulation_to_Prevent_and_Combat_Child_Sexual_Abuse>
online has stalled somewhat. Wikimedia projects would be covered under this
and the Wikimedia Foundation has provided
<https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12726-Fighting-child-sexual-abuse-detection-removal-and-reporting-of-illegal-content-online/F3338612_en>
constructive feedback, outlining some risks and challenges posed by the
scanning technologies used. Wikimedia is also criticising the idea to scan
direct, interpersonal communication in a general manner and without
judicial oversight.
—
The direct communication articles are the major bone of contention
surrounding this proposal. The Spanish Presidency failed to get an
agreement for a negotiating position in the Council last week and will need
to re-attempt a vote at the next meeting on 19 October. Member States that
are currently blocking this decision include Germany, Austria, the
Netherlands, Sweden and Poland.
—
Meanwhile the parliament has postponed its vote on a negotiating position
from 9 to 26 October. The conundrum is that most MEPs want to allow at
least some scanning of some personal communications, but not the general
monitoring provision. Many, possibly a majority, also want to preserve
end-to-end encryption. The rapporteur Javier Zarzalejos (EPP ES) is working
on a compromise to allow scanning of specific communication and only after
a judicial permission. However, with so many voices and strong opinions,
such compromises take time.
=== France ===
French legislators are working on a bill aiming at securing and regulating
the digital space (so called Loi SREN
<https://www.legifrance.gouv.fr/dossierlegislatif/JORFDOLE000047533100/?wpmobileexternal=true>).
The proposal would introduce some provisions on data retention and user
identification, in order to not allow already banned users to re-register.
That would require the collection of heaps of data and the compulsory
identification of all users. Wikimedia projects are squarely in the scope
of this proposal.
—
Wikimédia France is working on this as we speak, assisted by the Wikimedia
Foundation and Wikimedia Europe. The suggested amendments that would take
our projects out of the fireline didn’t pass in committee and will now,
hopefully, be discussed in plenary. It is noteworthy to highlight that the
bill is undergoing an accelerated procedure and this makes it much more
difficult to have a serious debate.
=== Italy ===
Italy adopted a decree
<https://www.gazzettaufficiale.it/atto/serie_generale/caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=2023-09-15&atto.codiceRedazionale=23G00135&elenco30giorni=true>
by which has designated AGCOM, the Italian Media & Telecom Regulator, as
its Digital Service Coordinator. In the same decree (dealing with
protection of minors), Article 13 introduces an obligation for electronic
communications service providers (i.e. providers of: 1. internet access
services; 2. interpersonal communication services; 3. services consisting
wholly or mainly in the conveyance of signals) to make parental control
applications available for their customers.
--
Wikimedia Europe ivzw