Update on IMMI, the Icelandic modern media initiative. IMMI is a parliamentary proposal tasking the Icelandic government to change a wide range of laws to best possible standards in regard transformation of our societies after the Internet became an integrated part of our daily lives here are laws we suggested would be written from scratch or amended *An ultra-modern Freedom of Information Act Based on the 2009 CoE and OAS recommendations as well as modern elements in the FOI laws of Estonia, Scotland, the UK and Norway as well as the Aarhus treaty. (scope: Iceland) *Whistleblower protections Protection for those who step forward to reveal important matters in the public interest, based on the U.S. False Claims Act and the U.S. Military Whistleblowers Act. (scope: Iceland) *Source protection Protection for anonymous sources who attempt to communicate to the public after a promise of confidentiality by a journalist or media organization. Based on new EEA legislation. *Source-journalist communications protection Protection for the communications between an anonymous source and a media organization and internally within a media organization prior to publication. Based on the Belgium source protection law of 2005. *Limiting prior restraint Prior restraint is coercion of a publisher, by a government authority, or through the judicial system, to prevent publication of a specific matter. While the Icelandic Constitution provides the right to freedom of expression, small modifications are needed to reduce the possibility of prior restraint. *Protection of intermediaries (internet service providers) Immunity for mere conduits, ISPs and telecommunications carriers. *Protection from libel tourism and other extrajudicial abuses Non-observance of foreign judgments that violate Icelandic freedom of expression protection, and the ability to file a counter-suit in Iceland against a party who engages in a calculated attempt to suppress the speech freedoms of an Icelandic entity. Inspired by legislation passed by the states of New York and Florida and proposed legislation elsewhere. *Statute of limitations on publishing liabilities Recent rulings in Europe maintain that, for a internet publications, each page view is publication afresh, regardless of how long ago the material was first released. This has resulted in the silent removal of investigative newspaper stories, including those over five years old, from the on-line archives of the Guardian and and other major newspapers. *Process protections The majority of legal suits related to publishing settle before final judgment. Hence, the court process itself must ensure that it is not used to suppress speech through unequal access to justice, subpoenas or other interlocutory motions. Process protections (called anti-SLAPP laws in the U.S.) permit a judge to declare the matter a free speech related case, at which point protections are activated to prevent such abuses. *Virtual limited liability companies Based on the LLC legislation used in the U.S. state of Vermont. so far we have changed the following laws and they have passed: • Ultra-modern Freedom of Information Act • Source Protection • Protection from libel tourism and other extrajudicial abuses we have also refused to implement the EU net neutrality law laws coming in the parliament this session based on IMMI changes in Icelandic net neutrality law *Statute of limitations on publishing liabilities Recent rulings in Europe maintain that, for a internet publications, each page view is publication afresh, regardless of how long ago the material was first released. This has resulted in the silent removal of investigative newspaper stories, including those over five years old, from the on-line archives of the Guardian and and other major newspapers. Whistleblower law Parliament will be getting a verbal progress report from the current Minister of culture and education hopefully this month I have officially requested it. Minister has pledged to carry on with the work Some of the laws are nearly ready but stuck in the ministry for some strange reason: *Statute of limitations on publishing liabilities Recent rulings in Europe maintain that, for a internet publications, each page view is publication afresh, regardless of how long ago the material was first released. This has resulted in the silent removal of investigative newspaper stories, including those over five years old, from the on-line archives of the Guardian and and other major newspapers. *Limiting prior restraint Prior restraint is coercion of a publisher, by a government authority, or through the judicial system, to prevent publication of a specific matter. While the Icelandic Constitution provides the right to freedom of expression, small modifications are needed to reduce the possibility of prior restraint. so as you see there is progress but it is very slow.
Posted on: Wed, 22 Jan 2014 04:59:47 +0000
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