Freiwillige Selbstkontrolle Multimedia FSM principles and evaluation of user complaints

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Freiwillige Selbstkontrolle Multimedia (FSM) -
principles and evaluation ofuser complaints

• Council of Europe
• Hearing on on-line self-regulation, October 17,
  2000, Strasbourg
• Dr. Arthur Waldenberger, LL.M. - Chairman of FSM

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FSM principles

• - FSM is a self-regulatory body founded in 1997
  by internet service providers and content
  providers
• - FSM fights against illegal and harmful content
  on the Internet and gives advice to users on all
  issues involving the protection of minors on the
  Internet
• - FSM supports a strict separation of the tasks
  of the state and the tasks of self-regulatory
  institutions

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FSM principles (continued)

• - FSM is against any kind of censorship on the
  Internet
• - FSM rejects, therefore, any kind of
  co-regulation between the state and the private
  sector
• - FSM supports and actively takes part in an open
  dialogue with all government institutions dealing
  with illegal and harmful content on the Internet

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FSM principles (continued)

• - FSM supports the foundation of private
  Internet hotlines in Europe and overseas
• - FSM plays an active role in the Internet
  Hotlines Providers of Europe Association (INHOPE)
• - For further information, see www.fsm.de.

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FSM complaints office
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FSM complaint procedure
Plaintiff
Commissioner
- checks FSMs competence to deal with
complaint - forwars complaint to the
competent body - sorts out inconsistent, anony-
mous and obviously unreasonable complaints
Defendant
Witnesses
Collects all facts and, if neccesary, writes
summary
Experts
FSM complaints commission
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Possible FSM sanctions

• 1. Hint comprising the advice to
  
  
  remove a certain content
• 2. Disapproval including the request to remove a
  certain content
• 3. Reprimand
• A reprimand must be published in the
  defendants online service for a month it can
  also be published by competitors

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... FSM sanctions (continued)

• - Defendants who have not signed the FSM code of
  conduct may only be given hints
• - If an FSM member repeatedly does not follow an
  FSM decision, he will be expelled. Consequences
  (a) damage to his reputation (b) legal duty to
  appoint a commissioner for the protection of
  minors

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FSM sanctions - further possible measures
FSM decision
Defendant (ignores decision)
2. Host service provider
3. Access provider
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F I N I S H