Organization for Security and Co-operation in Europe The Office of the Representative on Freedom of the Media DUNJA MIJATOVIĆ REPORT Freedom of Expression on the Internet A study of legal provisions and practices related to freedom of expression, the free flow of information and media pluralism on the Internet in OSCE participating States The report has been commissioned by the Office of the OSCE Representative on Freedom of the Media. It was prepared by Professor Yaman Akdeniz, Faculty of Law, Istanbul Bilgi University, Turkey.* This report presents the conclusions of the first comprehensive research on Internet content regulation in the OSCE region. A preliminary report was prepared and published in view of the OSCE review conference and OSCE Astana Summit 2010. The information contained in this report is based on data received from OSCE participating States as well as bona fide sources in response to a questionnaire sent out on 23 September 2010. * Yaman Akdeniz’ recent publications include Internet Child Pornography and the Law: National and International Responses (London: Ashgate, 2008: ISBN: 0 7546 2297 5), Racism on the Internet, Council of Europe Publishing, 2010 (ISBN 978-92-871-6634-0). For further information about his work see <http://cyberlaw.org.uk/about/>. Akdeniz can be contacted at
[email protected]. 2 TABLE OF CONTENTS INTRODUCTION 4 OSCE COMMITMENTS 7 METHODOLOGY 8 A. INTERNET ACCESS 10 B. INTERNET CONTENT REGULATION 13 C. BLOCKING,F,CR ILTERING AND ONTENT EMOVAL 22 D. LICENSING AND LIABILITY RELATED ISSUES, AND HOTLINES TO REPORT ILLEGAL CONTENT 28 E. CONCLUSIONS AND RECOMMENDATIONS 33 OVERVIEW OF LAWS AND PRACTICES ON INTERNET CONTENT REGULATION IN THE OSCE AREA 37 A.