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Report on future policies and regulatory frameworks

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Oles Kulchytskyy

The Report on future policies and regulatory frameworks for social media and content convergence: information disorder, human rights and regulatory implications (D2.3) gives a comprehensive insight into the functioning of the regulatory and governance initiatives addressing the human rights concerns related to information disorder in social media. Moreover, it provides better understanding of the regulatory and governance implications of such efforts, including their potential impact on policy definition, incentives employed, State’s involvement, building societal trust, etc. In addition to the contents planned with the project Grant Agreement and due to the situation with the world COVID-19 pandemic, this particular context and its implications on the topics discussed here is also addressed in the report. The information is prepared by the team of the COMPACT project (http://compact-media.eu/). COMPACT is a Coordination and Support Action funded European Commission under framework Horizon 2020. The objective of the COMPACT project is to increase awareness (including scientific, political, cultural, legal, economic and technical areas) of the latest technological discoveries among key stakeholders in the context of social media and convergence. The project will offer analyses and road maps of related initiatives. In addition, extensive research on policies and regulatory frameworks in media and content will be developed.

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COMPACT PROJECT Bringing Social Media and Traditional Media Together Deliverable: Report on future policies and regulatory frameworks 1
COMPACT H2020 Project • The information is prepared by the team of the COMPACT project (http://compact-media.eu/). • COMPACT is a Coordination and Support Action funded EuropeanCommission under framework Horizon 2020. • The objective of the COMPACT project is to increase awareness (including scientific, political, cultural, legal, economic and technical areas) of the latest technological discoveries among key stakeholders in the context of social media and convergence.The project will offer analyses and road maps of related initiatives. In addition, extensive research on policies and regulatory frameworks in media and content will be developed. 2
Consortium 3
Consortium Participant No * Participant organisation name Country 1 (Lead) National University of Ireland (NUI) Ireland 2 School of Communication and Media, n.o. (SCM) Slovakia 3 DATA d.o.o. (DAT) Slovenia 4 The European Digital SME Alliance (EDA) Belgium 5 Bulgarian Association of Software Companies (BAS) Bulgaria 6 Jožef Stefan Institute (JSI) Slovenia 7 Ontotext Corp (ONT) Bulgaria 8 NGO Agency of European Innovations (AEI) https://aei.org.ua/ Ukraine 9 Media 21 Foundation (M21) Bulgaria 10 UNIVERSIDADE CATOLICA PORTUGUESA (RCC) Portugal 11 Partnership for Social Development (PSD) Croatia 12 IT Forum (ITF) Denmark 13 The University of Latvia (UL) Latvia 14 Hellenic Foundation for European and Foreign Policy (ELI) Greece 15 Mediaframe Ltd. (MF) UK
Summary 5 The Report on future policies and regulatory frameworks for social media and content convergence: information disorder, human rights and regulatory implications (D2.3) gives a comprehensive insight into the functioning of the regulatory and governance initiatives addressing the human rights concerns related to information disorder in social media. Moreover, it provides better understanding of the regulatory and governance implications of such efforts, including their potential impact on policy definition, incentives employed, State’s involvement, building societal trust, etc. In addition to the contents planned with the project Grant Agreement and due to the situation with the world COVID-19 pandemic, this particular context and its implications on the topics discussed here is also addressed in the report. One of the contributions of the project is a tool for assessing existing governance frameworks on the basis of an agreed set of requirements and with reference to existing standards, which was originally designed for the purpose of the research carried out in the preparation of this report. The analysis was done in two phases: the first phase represented piloting of the initial methodology and was implemented in 11 EU member states, encompassing 71 initiatives. The initiatives of the following countries were included in the first phase: Belgium, Bulgaria, Croatia, Denmark, Greece, Ireland, Latvia, Portugal, Slovakia, Slovenia and the UK. The second phase implemented the final methodology (improved and fine-tuned with the insights from the first phase) in 13 additional EU countries: Austria, Hungary, Czech Republic, Romania, Cyprus, Italy, France, Poland, Germany, Spain, Sweden, Estonia and Netherlands, which amounted to 75 processed initiatives.
Summary 6 The full set of 24 countries thus contains 146 processed initiatives. In that way, not only the wider geographical EU area was covered and a diverse set of national contexts was accounted for, but also the most critical and active actors in the area of information disorder governance were included in the datasets (like Germany, France and the United Kingdom). The countries that are left out from the analysis are: Malta, Switzerland, Finland and Luxembourg. This study presents and summarizes the most important findings and categorizes them by specific methodological criteria within the framework developed in WP2 (see D2.1). The structured summary of the key findings is complemented by recommendations addressing both the analysis criteria and the adequate stakeholders. The entire work is presented through the lens of the fundamental rights and the regulatory implications of the analyzed issues. Important to note is that they are based on a dataset collected from the 24 EU Member States in the period of May-September 2018 (I phase) and June- December 2019 (II phase) and is the exhaustive set of recommendations produced by WP2 within the COMPACT project.
Summary 7 The study analyzed a varied range of information governance initiatives covering different issues related to information disorder. The results show that most of the initiatives currently active are of a national type, indicating a serious lack of trans- border collaboration and impact. One important insight is that most of the activities are being performed by non-governmental or civil society actors, while there is a lack of initiatives involving the industry. In addition, digital rights advocacy and gender issues are largely underrepresented among the stakeholders, to an extent that there is a complete lack of this aspect within the initiatives’ activities. Despite the importance of multi-stakeholder approaches, the share of one-stakeholder initiatives is significantly high and are the most representative of the governance models currently existing in the examined countries. The lack of employing technology and the minimal technological and policy impact per se reveal an important space for improvements and innovation. Moreover, the lack of networking platforms for dissemination and collaboration points to a clear direction to be taken for improving the efficiency and effectiveness of the initiatives’ work. Spread in a multi-stakeholder community, this report has two-fold contribution: on the one hand, it raises awareness on the shared challenges and opportunities among the industry, users, policymakers and other important stakeholders; on the other hand, it offers a concrete framework for analyzing the practices on information disorder governance and the extent of employing the regulatory approaches in that context.
CONTENTS 8 EXECUTIVE SUMMARY INTRODUCTION Purpose Scope Structure Target audience of the report THEORETICAL BACKGROUND Regulation, governance and regulatory implications Information disorder Fundamental human rights Relevant initiatives On regulation, governance and regulatory implications On information disorder On fundamental human rights The exacerbating effect of crisis Regulation, governance and regulatory implications Information disorder Fundamental human rights METHODOLOGY Conceptual framework Taxonomy of information disorder governance EMPIRICAL FRAMEWORK A generic assessment tool Data gathering
CONTENTS 9 CONTEXT ASSESSMENT Empirical analysis Scope Stakeholders Regulatory analysis CONCEPTION AND IMPLEMENTATION Empirical analysis Openness Objectives Monitoring and evaluation (M&E) Conflict resolution mechanisms (CRMs) Financing scheme Technology exploitation Challenges RESULTS AND EVALUATION Empirical analysis Impact Dedicated methods for raising public awareness ENFORCEMENT AND COMPLAINT RESOLUTION Empirical analysis Sanctions Complaints resolution Remedy and redress STATUTORY SUPPORT Empirical analysis Formal recognition Incentives for participation Supervision of the implementation The State as a financer
CONTENTS 10 KEY FINDINGS Context assessment Conception and Implementation Results and evaluation Enforcement and complaint resolution Statutory support RECOMMENDATIONS Context assessment Conception and Implementation Results and evaluation Enforcement and complaint resolution Statutory support Industry stakeholders Institutional stakeholders Non-governmental stakeholders DISCUSSION CONCLUSION REFERENCES APPENDIX: LIST OF THE PROCESSED INITIATIVES
FULL DOCUMENT 11 Available on the COMPACT project website. At the link: http://compact-media.eu/wp-content/uploads/2020/06/D2.3- Report-on-Future-policies-and-regulatory-frameworks_v1.0-Website.pdf

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Report on future policies and regulatory frameworks

  • 1. COMPACT PROJECT Bringing Social Media and Traditional Media Together Deliverable: Report on future policies and regulatory frameworks 1
  • 2. COMPACT H2020 Project • The information is prepared by the team of the COMPACT project (http://compact-media.eu/). • COMPACT is a Coordination and Support Action funded EuropeanCommission under framework Horizon 2020. • The objective of the COMPACT project is to increase awareness (including scientific, political, cultural, legal, economic and technical areas) of the latest technological discoveries among key stakeholders in the context of social media and convergence.The project will offer analyses and road maps of related initiatives. In addition, extensive research on policies and regulatory frameworks in media and content will be developed. 2
  • 4. Consortium Participant No * Participant organisation name Country 1 (Lead) National University of Ireland (NUI) Ireland 2 School of Communication and Media, n.o. (SCM) Slovakia 3 DATA d.o.o. (DAT) Slovenia 4 The European Digital SME Alliance (EDA) Belgium 5 Bulgarian Association of Software Companies (BAS) Bulgaria 6 Jožef Stefan Institute (JSI) Slovenia 7 Ontotext Corp (ONT) Bulgaria 8 NGO Agency of European Innovations (AEI) https://aei.org.ua/ Ukraine 9 Media 21 Foundation (M21) Bulgaria 10 UNIVERSIDADE CATOLICA PORTUGUESA (RCC) Portugal 11 Partnership for Social Development (PSD) Croatia 12 IT Forum (ITF) Denmark 13 The University of Latvia (UL) Latvia 14 Hellenic Foundation for European and Foreign Policy (ELI) Greece 15 Mediaframe Ltd. (MF) UK
  • 5. Summary 5 The Report on future policies and regulatory frameworks for social media and content convergence: information disorder, human rights and regulatory implications (D2.3) gives a comprehensive insight into the functioning of the regulatory and governance initiatives addressing the human rights concerns related to information disorder in social media. Moreover, it provides better understanding of the regulatory and governance implications of such efforts, including their potential impact on policy definition, incentives employed, State’s involvement, building societal trust, etc. In addition to the contents planned with the project Grant Agreement and due to the situation with the world COVID-19 pandemic, this particular context and its implications on the topics discussed here is also addressed in the report. One of the contributions of the project is a tool for assessing existing governance frameworks on the basis of an agreed set of requirements and with reference to existing standards, which was originally designed for the purpose of the research carried out in the preparation of this report. The analysis was done in two phases: the first phase represented piloting of the initial methodology and was implemented in 11 EU member states, encompassing 71 initiatives. The initiatives of the following countries were included in the first phase: Belgium, Bulgaria, Croatia, Denmark, Greece, Ireland, Latvia, Portugal, Slovakia, Slovenia and the UK. The second phase implemented the final methodology (improved and fine-tuned with the insights from the first phase) in 13 additional EU countries: Austria, Hungary, Czech Republic, Romania, Cyprus, Italy, France, Poland, Germany, Spain, Sweden, Estonia and Netherlands, which amounted to 75 processed initiatives.
  • 6. Summary 6 The full set of 24 countries thus contains 146 processed initiatives. In that way, not only the wider geographical EU area was covered and a diverse set of national contexts was accounted for, but also the most critical and active actors in the area of information disorder governance were included in the datasets (like Germany, France and the United Kingdom). The countries that are left out from the analysis are: Malta, Switzerland, Finland and Luxembourg. This study presents and summarizes the most important findings and categorizes them by specific methodological criteria within the framework developed in WP2 (see D2.1). The structured summary of the key findings is complemented by recommendations addressing both the analysis criteria and the adequate stakeholders. The entire work is presented through the lens of the fundamental rights and the regulatory implications of the analyzed issues. Important to note is that they are based on a dataset collected from the 24 EU Member States in the period of May-September 2018 (I phase) and June- December 2019 (II phase) and is the exhaustive set of recommendations produced by WP2 within the COMPACT project.
  • 7. Summary 7 The study analyzed a varied range of information governance initiatives covering different issues related to information disorder. The results show that most of the initiatives currently active are of a national type, indicating a serious lack of trans- border collaboration and impact. One important insight is that most of the activities are being performed by non-governmental or civil society actors, while there is a lack of initiatives involving the industry. In addition, digital rights advocacy and gender issues are largely underrepresented among the stakeholders, to an extent that there is a complete lack of this aspect within the initiatives’ activities. Despite the importance of multi-stakeholder approaches, the share of one-stakeholder initiatives is significantly high and are the most representative of the governance models currently existing in the examined countries. The lack of employing technology and the minimal technological and policy impact per se reveal an important space for improvements and innovation. Moreover, the lack of networking platforms for dissemination and collaboration points to a clear direction to be taken for improving the efficiency and effectiveness of the initiatives’ work. Spread in a multi-stakeholder community, this report has two-fold contribution: on the one hand, it raises awareness on the shared challenges and opportunities among the industry, users, policymakers and other important stakeholders; on the other hand, it offers a concrete framework for analyzing the practices on information disorder governance and the extent of employing the regulatory approaches in that context.
  • 8. CONTENTS 8 EXECUTIVE SUMMARY INTRODUCTION Purpose Scope Structure Target audience of the report THEORETICAL BACKGROUND Regulation, governance and regulatory implications Information disorder Fundamental human rights Relevant initiatives On regulation, governance and regulatory implications On information disorder On fundamental human rights The exacerbating effect of crisis Regulation, governance and regulatory implications Information disorder Fundamental human rights METHODOLOGY Conceptual framework Taxonomy of information disorder governance EMPIRICAL FRAMEWORK A generic assessment tool Data gathering
  • 9. CONTENTS 9 CONTEXT ASSESSMENT Empirical analysis Scope Stakeholders Regulatory analysis CONCEPTION AND IMPLEMENTATION Empirical analysis Openness Objectives Monitoring and evaluation (M&E) Conflict resolution mechanisms (CRMs) Financing scheme Technology exploitation Challenges RESULTS AND EVALUATION Empirical analysis Impact Dedicated methods for raising public awareness ENFORCEMENT AND COMPLAINT RESOLUTION Empirical analysis Sanctions Complaints resolution Remedy and redress STATUTORY SUPPORT Empirical analysis Formal recognition Incentives for participation Supervision of the implementation The State as a financer
  • 10. CONTENTS 10 KEY FINDINGS Context assessment Conception and Implementation Results and evaluation Enforcement and complaint resolution Statutory support RECOMMENDATIONS Context assessment Conception and Implementation Results and evaluation Enforcement and complaint resolution Statutory support Industry stakeholders Institutional stakeholders Non-governmental stakeholders DISCUSSION CONCLUSION REFERENCES APPENDIX: LIST OF THE PROCESSED INITIATIVES
  • 11. FULL DOCUMENT 11 Available on the COMPACT project website. At the link: http://compact-media.eu/wp-content/uploads/2020/06/D2.3- Report-on-Future-policies-and-regulatory-frameworks_v1.0-Website.pdf