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The Internet Your Rights Online

Europe To Force Right of Reply On Internet Communication 825

David Buck writes "Today, the Council of Europe (an influential quasi-governmental body that drafts conventions and treaties) is to finalize a proposal that would force all Internet news organizations, moderated mailing lists and even web logs (blogs) to allow a right of response to any person or organization they criticize. This would mean that you would be required to post the responses as well as authenticate their origin and make the responses available for some period of time. This will likely have a chilling effect on Internet communication (at least in Europe)."
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Europe To Force Right of Reply On Internet Communication

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  • Two questions. (Score:3, Interesting)

    by TrollBridge ( 550878 ) on Monday June 16, 2003 @10:23AM (#6211923) Homepage Journal
    1. How will they verify that the person who is replying is in fact the person they are criticizing.

    2. If the answer to 1 is "they won't", does this mean that any EU site will be a juicy target for trolls impersonating the subject of criticism? Sure sounds like an invitation for some nasty abuses to me!

  • by salimma ( 115327 ) * on Monday June 16, 2003 @10:23AM (#6211927) Homepage Journal
    If I criticise SCO my Slashdot journal, and me being based in Europe, SCO demanded that I give them the right of reply, what does it entail?

    A SCO rep could just reply on the journal entry, but how does the authentication work? Could I require him to PGP-sign his message? Or would it be irrelevant because Slashdot is not based in Europe?

  • Confused (Score:5, Interesting)

    by m00nun1t ( 588082 ) on Monday June 16, 2003 @10:25AM (#6211954) Homepage
    What I've never understood about laws like this is the location of the person vs. the location of the server.

    Let's say I'm in Europe and my server is in the USA (pretty common I would guess). Whose laws am I subject to? And let's say I'm subject to European laws. They may be able to arrest me, but I would assume they have no legal right to force the ISP to remove my content.

    Have there been any precedents around this sort of thing? And what country combination were those precedents?

    Kazaa seems to be depending on this model - clients in the USA (and everywhere else, but USA is where the legal action is around Kazaa), staff in Australia, company & servers in Vanuatu. Maybe they are taking advantage of the confusion?
  • A BLOG ! (Score:4, Interesting)

    by da5idnetlimit.com ( 410908 ) on Monday June 16, 2003 @10:26AM (#6211973) Journal
    So, if you have an open blog; ppl can register and answer whatever they want.

    "The reply should be made publicly available in a prominent place for a period of time (that) is at least equal to the period of time during which the contested information was publicly available, but, in any case, no less than for 24 hours." "

    --Prominent... Like close to the offending comment, offering it the same exposure ?

    â Hyperlinking to a reply is acceptable. "It may be considered sufficient to publish (the reply) or make available a link to it" from the spot of the original mention.

    --ditto

    â "So long as the contested information is available online, the reply should be attached to it, for example through a clearly visible link."

    --ditto

    â Long replies are fine. "There should be flexibility regarding the length of the reply, since there are (fewer) capacity limits for content than (there are) in off-line media."

    -ditto

    So, all I will do is add a small line at the bottom of my Blog that says "Whatever you say, someone else can answer if they feel compelled to!"...
    As in, a blog ?
  • by Anonymous Coward on Monday June 16, 2003 @10:26AM (#6211974)
    Well this is just a proposal. How many idiotic proposed bills get canned in the U.S every year? Hell, how many idiotic bills get shot down in the senate every year?

    If you're European (Check) and you think this sounds bad (Check) read the propsoal (Will do) and write to your MEP (You'll probably have to find out who they are first of course) and object. Explain why.

    Hopefully we can stop it becoming an actual idiotic law.
  • by Anonymous Coward on Monday June 16, 2003 @10:29AM (#6211999)
    Newspapers are under no obligation to print letters to the editor. Generally they will print a retraction if the original article was in error, but they don't have to, and it is then upto the individuals concerned to sue the newspaper in question.

    Why should an electronic forum be forced to post a response? Why can't the responder post it on their own website/mailing list/forum as generally happens now?
  • Boundaries (Score:4, Interesting)

    by limekiller4 ( 451497 ) on Monday June 16, 2003 @10:31AM (#6212025) Homepage
    Who decides what qualifies as "criticism?"

    Are opinions included? Am I allowed to say "I don't like you" or do I have to post your rebuttal?

    Are business covered? Do they have to post replies from their competitors? If a company claims that their product works, is that tacit criticism of someone who says that it does not? Does that person get to post their complaint on the offending companies website?

    What if the criticism is oblique? "Other products aren't as fast as the Super Widget 2003" Who gets to reply?

    This is capitalistic gentrification. This is some organization planting a flag and claiming the internet as principally a business stomping ground.
  • by TrekkieGod ( 627867 ) on Monday June 16, 2003 @10:38AM (#6212130) Homepage Journal
    Right from the article description:

    This would mean that you would be required to post the responses as well as authenticate their origin and make the responses available for some period of time.

    So the answer is they're required to verify it. My question is, who's going to get the burden of authentication? Can you get away with just not posting responses that don't include some form of authentication, or do you have to go talk with everyone who submits a response letter to find out if they're aurthentic or not? That could be a potential pain.

  • by sebi ( 152185 ) on Monday June 16, 2003 @10:43AM (#6212197)
    The response is supposed to be in the same format as the original. So if you wrote something then they should reply with writing. Furthermore you will not necessarily be forced to host their file. The proposal explicitly states, that links will be acceptable. So if someone decides to reply to you in form of a film you can tell them to host it themselves and just post the link. Same for audio. I can't think of any other form that would result in an extremely large file.
  • by SubliminalLove ( 646840 ) on Monday June 16, 2003 @10:43AM (#6212203)
    What's up with this at the tail end of an otherwise relatively well-written essay?

    Europe lacks a First Amendment and the respect for limited government, private property and free enterprise that America still enjoys.

    Item 1: Of course they don't have the First Amendment. They don't have the Declaration of Independance or the Proclamation of Emancipation, either; the First Amendment is part of the American constitution. This intentionally emotion-provoking phrase intends to say "they don't have freedom of speech", which may be true in limited ways (I understand, for example, that Nazi references are regulated in Germany), but I've never heard of extreme censorship in Europe. Am I wrong? Is Europe secretly a band of neo-nazi fascist authoritarians? My bad...

    Item 2: No respect for private property. Really? This reads like a third-grader's "your momma's so fat" joke; it seems like it's just there to try to make Europe seem bad, without any justifying context. Again, am I wrong? Did Europe turn Commie when I wasn't looking? I hate it when they do that...

    Item 3: Free enterprise is disrespected by Europe too? Okay, I don't actually know anything about Europe on this one. If we let Microsoft to continue to operate a monopoly, let the RIAA run the music industry as an oligarchy, and let the oil industry run the government (all of which practices are extremely discouraging to "free enterprise" in that competition is made more difficult), we don't get to bitch about Europe.

    Item 4: "... that America still enjoys". With the implication that in pursuit of respect for Free Speech, Respect For Small Government, and Respect For Free Enterprise, America is the shining star that all other nations should look to for inspiration. Get real; the states aren't any better at any of this than their peers in democracy. College kids don't get their life-savings yanked for producing search engines in free-speech respecting nations. America rocks; it's my favorite country by far. But don't go trying to make it sound like it's got all the problems licked, and if the rest of the world would just look at what we're doing over here...

    Stop trying to cram pro-American sentimentalities down our throat. There were two pages of informative and interesting writing before that line, why'd you have to ruin it by trying to make America the moral of the story?

    Sheesh...
  • Europeans seem every bit as knowledgable of their various beurocracies and psuedo-government agencies as Americans know of parallel orgs here:
    quote is on NRO [nationalreview.com]
    âoeMany Europeans know so little about the EU that the convention's debates would mean nothing to them. A poll taken for Britain's Foreign Office in 2001 discovered that a quarter of Britons did not know that their country was actually a member of the European Union, and 7% thought that the United States was in it. In Germany, a founder member of the Union whose serious papers devote acres of space to EU affairs, another recent poll found that 31% of the public had never heard of the European Commission, the EU's most important institution.â
    Sorry for the second-hand refrence. It is from The Economist and I do not have a subscription :( More of Andrew Stuttaford's comments on the article here [nationalreview.com].
  • Read the article (Score:3, Interesting)

    by nuggz ( 69912 ) on Monday June 16, 2003 @10:52AM (#6212324) Homepage
    I'm not from Europe, but from the article there already is a right of reply law.
    These laws did exist in the US, but don't anymore.

    I think this is a generally a good thing, and quite polite.
    The problem is it may be open to abuses, which could be solved simply by linking to the persons web site with the post about them, if they care enough to respond they can do it there.
  • Re:What?? (Score:3, Interesting)

    by Tharsis ( 7591 ) on Monday June 16, 2003 @10:57AM (#6212365)
    If someone writes nasty things about you on their blog you write nasty things about them on your blog ... or is this just an American concept?

    Well, if President Bush says some nasty things about you in his blog, what good does it do if you say some nasty things about him in your personal blog
  • by Randolpho ( 628485 ) on Monday June 16, 2003 @11:03AM (#6212434) Homepage Journal
    If I had mod points at the moment, I'd waste them all on your post. :)

    I agree, this is probably the biggest reason why people are against it. "It will stifle free speech", they say, because "it will keep people from posting what they really feel if they have to deal with the consequences."

    Exactly. You have to deal with the consequences. People in today's society (well, at least the U.S. for you foreign devils out there ;)) want to do what they want in a consequence-free environment.
  • by reallocate ( 142797 ) on Monday June 16, 2003 @11:07AM (#6212480)
    Media is media. This won't have a "chilling effect" on Internet communications because any publically available Internet publication is not private communication, but a public medium. If a nation enforces right to reply in regard to media such as newspapers, radio and television, why should it not also enforce right to reply in other media?

    Internet publications should not draw a pass simply because they use a different technology. Nor should weblogs, mailing lists, etc., expect an exemption because they are "personal" or often operated by only one person.

    If you want what you say to be considered private communications, you wouldn't print it in a newspaper or broadcast it on radio or TV. Likewise, if you want what you write to be seen as private communications, don't put it on the Internet.
  • by haystor ( 102186 ) on Monday June 16, 2003 @11:10AM (#6212516)
    Its chilling because it means that I will have to do some (albeit small) amount of work without compensation just because someone doesn't like my opinion.

    In the US, Amendment 1 says I can have my opinion. The thirteenth amendment says I don't have to do any work for this other guy without compensation. One of these would have to give here in the US. It would either have to be a waiver of the thirteenth or a qualification of the first.

  • Nope (Score:5, Interesting)

    by jefu ( 53450 ) on Monday June 16, 2003 @11:15AM (#6212590) Homepage Journal
    At least you only have to hyperlink to them.

    No. The draft proposal says that a link is ok. It does not say that the person or organization that wants to provide a rebuttal needs to provide space for the reply. It looks to me like a statement like "Walpurgis Mart Sucks" could result in "Walpurgis Mart" requiring me to put up a 100 Mb response.

    Even so, I do have a couple questions about links as required here.... If I link to someone's reply from a period (".")in my text, is that sufficient? How about linking from an image map? Or from some fancy javascript? Could my link be set up to popunder a 10 by 10 pixel window that looks like it originates from the people who dont like what I said and that refuses to close?

    Enquiring minds and all that ....

  • Re:Confused (Score:3, Interesting)

    by hpulley ( 587866 ) <hpulley4&yahoo,com> on Monday June 16, 2003 @11:23AM (#6212706) Homepage

    While they cannot force your ISP to remove the content for you if the law in that country does not allow them to do so, they can force you to remove the content from your own website as a court order. If you refuse to obey the court order, you can be held in contempt of court and jailed until such time as you agree to the order.

    Anyone else read _Trouble_and_Her_Friends_ by Melissa Scott? Her novel predates the DCMA but coveres some of the same ideas coincidentally, and some of the ideas in this latest european action as well.

  • Hold on a minute! (Score:4, Interesting)

    by Noryungi ( 70322 ) on Monday June 16, 2003 @11:24AM (#6212727) Homepage Journal
    People, you have to remember that EU citizens have a healthy habit of just plain ignoring idiotic laws such as this one. And law enforcement people usually don't... ahem... enforce them...

    Which is why I cannot too worried about it. Crypto was outlawed in France for years, for instance, but getting PGP was as simple as calling your firendly neighbourhood BBS and firing up that ZModem (I know, this happened to me!).

    Besides, I doubt SCO (or Microsoft, or ...) are stupid enough to attack something like Slashdot (or your personal web site), so we are all probably safe for the moment.

    Finally, if you have juicy information on, say, a clear violation of the GPL by Microsoft, you'd better back it up with some serious proof, so that MS can't sue you into oblivion...

    In short: nothing to see here. Carry on.
  • by Daetrin ( 576516 ) on Monday June 16, 2003 @12:04PM (#6213200)
    Who exactly has the right of free response? What happens when a person or group slanders a generalized group?

    For example, the next time the RIAA goes on some spiel on a European website about how people who d/l mp3s are evil pirates who are destorying the recording industries profits, robbing artists of house and home, and eat babies on the side, who has the right of response?

    Can any person who is willing to admit that they have traded mp3s force the RIAA or whichever site hosted the article to include a counter-response? If so, just the first person who responds? Or every response they get? Or would the file-traders need to form some kind of official group to make the response? Or does the RIAA get away with it because they're slandering a nebulous group rather than a specific individual?

  • by Theaetetus ( 590071 ) <theaetetus,slashdot&gmail,com> on Monday June 16, 2003 @12:10PM (#6213261) Homepage Journal
    IOW, your web-hosting costs could be affected because of the increased bandwidth used to host these replies.

    Could be really bad, too:

    "Company A sucks."
    Company A's reply, posted as mandated by law

    "Company A is good. Company A is good. Company A is good. Company A is good. Company A is good. Company A is good. Company A is good. Company A is good. Company A is good...." etc., for gigabytes and gigabytes...

    If they want to do this, they should add in a bit about response limited to the same length as the original.

    -T

  • by Reziac ( 43301 ) on Monday June 16, 2003 @12:19PM (#6213367) Homepage Journal
    But under this law, you'd be forced to print someone else's blunder. As someone else points out, what if that in turn causes a third party to claim that THEY need a rebuttal printed too? Where does it end??

    Stupid flamewars among kiddies aside (man, would this law make THAT a mess), this could kill off every sort of user-opinion forum out there.

    What if every time someone here posted a negative remark about M$, either in a comment or a journal, Slashdot was forced to post M$'s rebuttal? And then whoever they FUD'd gets to post a rebuttal, and so on...

    Wouldn't be long before user forums and blogs either go underground, collaspe under the sheer weight, or become bland useless places where nothing controversial is ever discussed.

    Perhaps including even this law.

  • Boo Hoo (Score:2, Interesting)

    by Snotboble_ ( 13797 ) <aje@@@snotboble...net> on Monday June 16, 2003 @12:39PM (#6213591) Homepage Journal
    So, everyone are all worried about this; the Internet media are scared to death about the potential consequences of this.

    Hey - wake up - take a good look at the site you are reading right now.

    A site that delivers news and where readers can talk back and have their reply shown via a visible link for at least 24 hours.

    Download SlashCode, remove the A/C posting feature - there, you comply with the upcoming regulations.

    Problem being?


  • by IthnkImParanoid ( 410494 ) on Monday June 16, 2003 @01:30PM (#6214086)
    it will keep people from posting what they really feel if they have to deal with the consequences."

    Exactly. You have to deal with the consequences. People in today's society (well, at least the U.S. for you foreign devils out there ;)) want to do what they want in a consequence-free environment.
    I don't think that is necessarily the case. There are still consequences in US law for libel, slander, incitement of violence, etc. It is just this one consequence I (and probably most of the slashdotters) disagree with: being legally obligated to publish a response. If I want to share my experiences with SBC DSL tech support, it would be an extremely negative view, and I would definitely feel rights of free speech were being violated if I was forced to host some marketing/damage control FUD on my site.

    Imagine all the blogs and parody sites that rip on (in a non libelous way) corporations or public figures. They certainly have the resources to answer on their own goddamn web page if I can afford to do it on mine. You can bet that soon, every high traffic site that says something bad about company X will have their official marketing letter FUD on there. It would be like hosting an advertisement from them.

    I don't know about you, but it would piss me off.
  • by NavySpy ( 39494 ) on Monday June 16, 2003 @01:33PM (#6214139) Homepage
    Show me an amendment that grants the right of the original poster of a comment on the internet the right to not have to display a rebuttal?

    I'm sorry, but that has to be one of the silliest things I've read this month.

    If you libel someone, you can be sued, and rightfully so. But criticism is a long way from libel. No one has the right to have their message posted on my website. It's my website, and I'll put whatever I want on it, as long as it isn't illegal. And it isn't illegal to say, on my website, that my neighbors lawn is ugly. The notion that, if I say that, my neighbor has the right to +force+ me to post his rebuttal on +my+ website is simply ludicrous.

    As for your quote above, once I actually parsed out the double negative, I had to shake my head. Everyone has the right +not+ to do something. You always have a right +not+ to do what you don't want to do with your property. Good grief, that's like arguing that I don't have the right to keep people out of my house. I can't point to an amendment that says I don't have the right to not keep you out of my house, but surely you don't meant to argue that anyone can waltz into my house anytime they feel like it.

  • Re:Newspapers too? (Score:3, Interesting)

    by Anonymous Brave Guy ( 457657 ) on Monday June 16, 2003 @01:37PM (#6214190)
    Typically, here in the UK, articles criticising some person or company ... appear on the front few pages probably in 16 point print with a 36 point or more headline and a photo to draw attention to it. After the PCC has ruled any correction will typically be printed on page 37 with a 10 point headline, body text 4-6 point ...

    Although some people would like to change this [bbc.co.uk], and rightly so.

  • by xutopia ( 469129 ) on Monday June 16, 2003 @01:41PM (#6214241) Homepage
    I couldn't agree more with you there my friend! :)

    I'm half/half North American/European and lived half my life in each continent so I see how things work on both sides of the Atlantic.

    Right of reply is the most constitutional and democratic thing ever! I'll tell you why Reagan said it didn't promote free speech.

    He started out in the media industry : radio host and actor. His friends in the media would say whatever pleased him to get him elected in return of favors like politcal protection.

    Bush and his CNN/Foxnews friends certainly played the Americans latel. All forms of democratic dialogue was quelled by the Bush administration and their media friends.

    Outside the US we've heard Rumsfeld has ties with Halliburton (even gets a few millions every couple years) and Bush in oil and media. We also heard the facts regarding Bush's grandaddy and the Nazi family ties. We also heard about the forged documents the Bush administration came up with way before it even made news in the US (I heard about it two days after the US had given it to UNMOVIC).

    People in the US are blatently disinformed and laws like ROR are only meant to stop misinformation from happening.

    When you have corruption (ala Microsoft and SCO) Slashdot gives the ROR to the people and that is why it is so popular. Actually the papers in France (there are a ton just in Paris) love the ROR on editorials. Their sales go up whenever they have a reply in one of their papers. They make more sales because people love listening to a dialogue rather than a mind numbing CNN/Foxnews.

    In most European countries the head of state often goes on TV to talk to people and often live. They answer questions from the public and sometimes have to admit their own fallacies.

    Has anyone seen Bush accept a challenge from the people? The only interviews he had were as close as rigged as you could have. He has all his answers readied for the prepared question we ask him. This is not dialogue, this is organized monologue.

    ROR is for you the people.

  • There is one (Score:3, Interesting)

    by aepervius ( 535155 ) on Monday June 16, 2003 @03:45PM (#6215596)
    You are all forgetting this is not the country of free speech, but the countries of debate. We have simply another view on speech, that is, that unheard speech without debate is like a falling tree in a forest : unheard, noise without sense. We rather have logical, well made debate than free speech. We do not ask you [the US] to like it, or to approve it, we [as citizen] want it so. If every news paper were spitting half assed lies about me, I would like to have the right to make rectification rather than make a libel process or have my own propespect printed out. But I perfectly understand that in a litigious all-over-the-board free speech society you rather have lawyer handle the job.

    PS: you did understand that this wasn't about forcing citizen to accept reply from other citizen or forcing their opinion on others, didn't you ? This is about forcing www media outlet to have the same law as newspaper outlet. That is media which have an enormous coverage in comparison to a citizen must allow him the same coverage under certain circumstance , like report of negative info on the former.
  • Re:There is one (Score:3, Interesting)

    by junkgrep ( 266550 ) on Monday June 16, 2003 @07:42PM (#6218349)
    No, I'm not forgetting that. And indeed, the liberal scientific values of "open, diverse, and endless criticism" and "no special authority" are exactly what I'm defending.

    If every news paper were spitting half assed lies about me, I would like to have the right to make rectification rather than make a libel process or have my own propespect printed out.

    As far as I can tell, that's mostly because you're lazy, not because of any well justified philosophy or cultural value.

    But I perfectly understand that in a litigious all-over-the-board free speech society you rather have lawyer handle the job.

    In our society, words are not thought crimes, or doubleungoodthink. People speak their minds, and other people have the ability to decide for themselves whether they are speaking bullshit: and the ethic behind this is that everyone is suppoed to be critical, and check for other information. Some people here are lazy too, of course, but it's the laziness that's the problem, not that other people won't do your work for you.

    This is about forcing www media outlet to have the same law as newspaper outlet. That is media which have an enormous coverage in comparison to a citizen must allow him the same coverage under certain circumstance, like report of negative info on the former.

    Yes, I understand. Can you explain to me why "negative info" is bad unless it causes someone material harm (in which case they already have the right to seek redress?)
  • by Guppy06 ( 410832 ) on Monday June 16, 2003 @07:58PM (#6218469)
    "it will keep people from posting what they really feel if they have to deal with the consequences."

    "People in today's society (well, at least the U.S. for you foreign devils out there ;)) want to do what they want in a consequence-free environment."

    Name one US state or territory that doesn't have slander and libel laws on the books.

    Bearing the burden of publishing a rebuttal isn't about taking responsibility for your own actions, it's about taking responsibility for theirs as well. In the US, you are penalized if you say something you know to be untrue, especially if you do it maliciously. This law will effectively penalize you for saying anything, because you now have to buy two soapboxes instead of just the one.

    For all the talk about media consolidation in the US and about how the situation is "better" in the EU, this law helps to ensure that only the powerful media conglomerates can publish criticisms. Freedom of the press now belongs to only those who can afford two.
  • more != better (Score:1, Interesting)

    by Anonymous Coward on Monday June 16, 2003 @10:36PM (#6219503)
    Increasing the amount of speech does not increase the freedom of speech. In a broadcast medium there is reason to enforce fair play and have feedback rules, as the message spread by the medium can have an effective monopoly over an audience. If the only local news show slanders Bob Jones regularly, how is Bob to defend himself?

    The internet is different. Bob can afford to put up his own web site as a counter. Web sites probably don't have effective monopolies because they are pulled content, not pushed. The audience in general seeks a variety of opinions. The multitude of voices on the internet delivers.

    To control the manner in which you can speak and present your opinions is, at face value, stifling the freedom of your speech. This rule about mandatory talk back does not belong on the internet at this time. Hopefully it will never belong, as that will be admitting that the entire internet has gone corporate and that individuals, once again, don't have a voice. -theed

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