Icelandic Modern Media Initiative
Encyclopedia
The International Modern Media Institute (IMMI) is an international institution developing havens for freedom of information
, speech
, and expression. It creates supportive and attractive jurisdiction for the publication of investigative journalism
and other threatened online media. It succeeded the Icelandic Modern Media Initiative in January 2011.
On 18 February 2010, the project entered a parliamentary resolution proposal into the Icelandic Parliament Alþingi
, proposing that Iceland "strongly position itself legally with regard to the protection of freedoms of expression and information". The proposal was adopted unanimously by parliament on 16 June 2010. Birgitta Jónsdóttir
from The Movement
was the chief sponsor of the proposal, 19 other MPs (out of 63) from all parties in the parliament supported the proposal by co-sponsoring it.
The proposal passed on 16 June was not a piece of final legislation. Instead, it began a process of editing 13 separate laws according to the proposal's specifications. This process is expected to be completed by mid-2012.
After WikiLeaks exposed the loan book of Kaupthing Bank
, one of the largest news channels, RUV, was injuncted from displaying the news story. Instead they were forced to simply put a message up of the WikiLeaks website. This led to WikiLeaks being invited by the Digital Freedoms Society to attend an annual conference in Iceland.
, Index on Censorship
, the Icelandic Digital Freedoms Society, WikiLeaks
, and Icelandic MPs such as Birgitta Jónsdóttir
and Róbert Marshall
. The project has also had public endorsements from various organisations such as Global Voices
, La Quadrature du Net
and the Free Knowledge Institute
.
Freedom of information
Freedom of information refers to the protection of the right to freedom of expression with regards to the Internet and information technology . Freedom of information may also concern censorship in an information technology context, i.e...
, speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, and expression. It creates supportive and attractive jurisdiction for the publication of investigative journalism
Investigative journalism
Investigative journalism is a form of journalism in which reporters deeply investigate a single topic of interest, often involving crime, political corruption, or corporate wrongdoing. An investigative journalist may spend months or years researching and preparing a report. Investigative journalism...
and other threatened online media. It succeeded the Icelandic Modern Media Initiative in January 2011.
On 18 February 2010, the project entered a parliamentary resolution proposal into the Icelandic Parliament Alþingi
Althing
The Alþingi, anglicised variously as Althing or Althingi, is the national parliament of Iceland. The Althingi is the oldest parliamentary institution in the world still extant...
, proposing that Iceland "strongly position itself legally with regard to the protection of freedoms of expression and information". The proposal was adopted unanimously by parliament on 16 June 2010. Birgitta Jónsdóttir
Birgitta Jónsdóttir
Birgitta Jónsdóttir is a member of parliament of Althing, the Icelandic parliament, formerly representing the Citizens' Movement, but now representing The Movement. Her district is the Reykjavík South Constituency. She was elected to the Icelandic parliament in April 2009 on behalf of a movement...
from The Movement
The Movement (Iceland)
The Movement is a political movement in Iceland. It has 3 members of parliament in the Alþingi . All of them are former Citizens' Movement MPs.*Þór Saari, economist*Margrét Tryggvadottir, editor...
was the chief sponsor of the proposal, 19 other MPs (out of 63) from all parties in the parliament supported the proposal by co-sponsoring it.
The proposal passed on 16 June was not a piece of final legislation. Instead, it began a process of editing 13 separate laws according to the proposal's specifications. This process is expected to be completed by mid-2012.
After WikiLeaks exposed the loan book of Kaupthing Bank
Kaupthing Bank
Kaupthing Bank was an international Icelandic bank, headquartered in Reykjavík, Iceland. It was formed by the merger of Kaupthing and Búnaðarbanki Íslands in 2003 and was the largest bank in Iceland....
, one of the largest news channels, RUV, was injuncted from displaying the news story. Instead they were forced to simply put a message up of the WikiLeaks website. This led to WikiLeaks being invited by the Digital Freedoms Society to attend an annual conference in Iceland.
Elements of the law
The proposal included- An "ultra-modern" Freedom of Information Act, based on the 2009 Council of EuropeCouncil of EuropeThe Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
and OASOrganization of American StatesThe Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
recommendations as well as modern elements in the FOI laws of Estonia, Scotland, the UK and Norway as well as the Aarhus conventionAarhus ConventionThe UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, usually known as the Aarhus Convention, was signed on June 25, 1998 in the Danish city of Aarhus. It entered into force on 30 October 2001...
. - WhistleblowerWhistleblowerA whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
protections: Protection for those who step forward to reveal important matters in the public interest, based on the US False Claims ActFalse Claims ActThe False Claims Act is an American federal law that imposes liability on persons and companies who defraud governmental programs. The law includes a "qui tam" provision that allows people who are not affiliated with the government to file actions on behalf of the government...
and the US Military Whistleblowers Act. - Source protectionProtection of sourcesThe protection of sources, sometimes also referred to as the confidentiality of sources or in the U.S. as the reporter's privilege, is a right accorded to journalists under the laws of many countries, as well as under international law...
: Protection for anonymous sources who attempt to communicate to the public after a promise of confidentiality by a journalist or media organisation. Based on new EEAEuropean Economic AreaThe European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
legislation. - Source-journalist communications protectionCommunications protectionIn telecommunications, communications protection is the application of communications security measures to telecommunications systems in order to: deny unauthorized access to sensitive unclassified information of value, prevent disruption of telecommunications services, or ensure the...
: Protection for the communications between an anonymous source and a media organisation and internally within a media organisation prior to publication. Based on the Belgium source protection law of 2005. - Limiting prior restraintPrior restraintPrior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known...
: 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 intermediariesSection 230 of the Communications Decency ActSection 230 of the Communications Decency Act of 1996 is a landmark piece of Internet legislation in the United States, codified at...
(Internet service providers): Immunity for "mere conduits", ISPs and telecommunications carriers. - Protection from "libel tourismLibel tourismLibel tourism is a term first coined by Geoffrey Robertson to describe forum shopping for libel suits. It particularly refers to the practice of pursuing a case in England and Wales, in preference to other jurisdictions, such as the United States, which provide more extensive defences for those...
" and other extrajudicial abuses: Non-observance of foreign judgements 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 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 online archives of the Guardian and other major newspapers.
- Process protections: The majority of legal suits related to publishing settle before final judgement. 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 US) 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 companiesVirtual limited liability companiesA Virtual limited liability company is a type of legal entity that does not require a physical headquarters or in-person board meetings. They were first allowed in Vermont, USA in 2008....
: Based on the LLC legislation used in the US state of Vermont.
Support and endorsements
The IMMI project was cooperatively organised by numerous organisations and members of the Icelandic parliament. Its principal endorsers were Eva JolyEva Joly
Eva Joly is a Norwegian-born French magistrate and politician for the French Green Party.-Early life:Born in Grünerløkka, Oslo, she moved to Paris at 20 to work as an au pair...
, Index on Censorship
Index on Censorship
Index on Censorship is a campaigning publishing organisation for freedom of expression, which produces an award-winning quarterly magazine of the same name from London. The present chief executive of Index on Censorship, since 2008, is the author, broadcaster and commentator John Kampfner, former...
, the Icelandic Digital Freedoms Society, WikiLeaks
Wikileaks
WikiLeaks is an international self-described not-for-profit organisation that publishes submissions of private, secret, and classified media from anonymous news sources, news leaks, and whistleblowers. Its website, launched in 2006 under The Sunshine Press organisation, claimed a database of more...
, and Icelandic MPs such as Birgitta Jónsdóttir
Birgitta Jónsdóttir
Birgitta Jónsdóttir is a member of parliament of Althing, the Icelandic parliament, formerly representing the Citizens' Movement, but now representing The Movement. Her district is the Reykjavík South Constituency. She was elected to the Icelandic parliament in April 2009 on behalf of a movement...
and Róbert Marshall
Róbert Marshall
Róbert Marshall is an Icelandic politician.He is the Member of Althingi for the South Constituency since 2009, representing the Social Democratic Alliance ....
. The project has also had public endorsements from various organisations such as Global Voices
Global Voices
The phrase Global Voices might refer to:* Global Voices Online, a blog with more than 100 contributors that reports on what is going on in the blogospheres of every corner of world...
, La Quadrature du Net
La Quadrature du Net
La Quadrature du Net is a French advocacy group that promotes the digital rights and freedoms of citizens. More specifically, it advocates for the adaptation of French and European legislations to respect the founding principles of the Internet, most notably the free circulation of knowledge...
and the Free Knowledge Institute
Free Knowledge Institute
The Free Knowledge Institute is a not-for-profit organisation founded in 2006 in The Netherlands. Inspired by the Free Software movement, the FKI fosters the free exchange of knowledge in all areas of society by promoting freedom of use, modification, copying and distribution of knowledge in four...
.
External links
- International Modern Media Institute
- Harvard Nieman Journalism Lab: Iceland aims to become an offshore haven for journalists and leakers
- The GuardianThe GuardianThe Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
: WikiLeaks editor: Why I'm excited about Iceland's plans for journalism - BBCBBCThe British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
News: Iceland's journalism freedom dream prompted by Wikileaks - IDGIDGInternational Data Group is a technology media, research, event management, and venture capital organization.IDG evolved from International Data Corporation which was formed in 1964 in Newtonville, Massachusetts, by Patrick Joseph McGovern and a friend, Fred Kirch...
: Icelanders hope to host controversial data from around world - Huffington Post: Iceland Aims To Become Offshore Haven For Journalists
- Freedom HouseFreedom HouseFreedom House is an international non-governmental organization based in Washington, D.C. that conducts research and advocacy on democracy, political freedom and human rights...
: Iceland Law to Provide Unprecedented Protections for Journalists - AFP: Iceland safe haven for press freedom: Wikileaks insider
- The IndependentThe IndependentThe Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
: Iceland rewrites law to create haven for investigative reporting - Thomas Hoeren, IMMI - the EU perspective, text published in Computer und Recht International 2010 (englisch)