Media Law Days in Frankfurt (Oder): Legal framework for Intermediary Platforms - Media Programme Southeast Europe
The use of media by the people has changed massively in the past years. More and more people inform themselves via large Internet platforms and social networks such as Facebook, YouTube or Twitter. However, these do not process content editorially, but instead draw attention to content that is particularly scandalous, sensational and controversial. Often even algorithms are in progress. Added to this is the monopoly-like position of the platforms, which can act in an opinion-forming manner due to their size. Adequate legal regulation is required with regard to disinformation, which is spread in a targeted and massive manner via social networks, and so-called hate speech, which occurs on a wide scale.
All of the above was the subject of the 17th Frankfurt Media Law Days on December 1st and 2nd, 2021 at the European University Viadrina in Frankfurt (Oder). Nine media experts from Southeastern Europe and Germany presented the current legal framework in their countries and at European level. They further discussed how to deal with the so-called media intermediaries.
Prof. Dr. Johannes Weberling, Head of the Department of Media Law in Viadrina, welcomed the participants. Hendrik Sittig, Head of the KAS Media Programme South East Europe, emphasised during his welcome speech that the social networks have positive but also negative sides. Regarding the last, especially disinformation and hate speech could be dangerous for the democracies. In this sense, both Prof. Weberling and Mr. Sittig supported the establishment of new regulation among the democratic societies. According to them, this is necessary in order to protect the democratic norms.
The first day of the conference was divided into two panels. Prof. Dr. Dieter Dörr, University of Mainz, presented the special features of the new German State Media Treaty, which was passed last year and for the first time includes intermediary platforms. According to him, the main aim of the treaty is to prevent hate speech. This would require regulation that also includes the other European states. And even if the treaty is not perfect, said Dörr, and there are still gaps to be filled, it is yet a good foundation for future work. Prof. Dörr emphasized on the further discussions that need to be held between the central government and federal states in order to make the Treaty more efficient.
The second presentation was concentrated on one of the newest regulatory initiatives on the European level – the Digital Service Act. Jacek Wojtas, representative of the Chamber of Polish Press Publishers, concentrated on the most important paragraphs of the Regulatory Frame as well as on their implementation. Currently, the DSA is under intensive discussions and there is a desire of the European Commission the process to be completed as fast as possible. It is expected that the DSA will be conducted in the following year.
On the second day, the experts from Southeast Europe invited by the KAS-Media Programme presented their country reports on the current legal framework for large digital platforms. Dr. Brikena Kasmi (Albania), Mariya Yurukova (Bulgaria), Dr. Viktorija Car (Croatia), Hyrije Mehmeti (Kosovo), Dragan Sekulovski (North Macedonia), Ioana Avadani (Romania) and Dr. Dejan Milenkovic (Serbia) all supported unanimously the deepening of the regulatory framework for online platforms. However, they also agreed that the plurality, which is important for democracy, should not suffer as a result. Otherwise, there is a risk that freedom of expression will be undermined.
