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from GFMD IMPACT
Wednesday March 22, 2023
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Scroll down for reflections from the recent Internet for Trust conference as well as updates on the ongoing discussions surrounding the EMFA and other significant regulatory initiatives. But first, this month's GFMD IMPACT briefing on the Tech and Journalism Crisis and Emergency Mechanism (T&JM)

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Dear friends,

As a network organisation, we often receive questions from our members regarding events, opportunities, and policy areas and how to choose those that they should be keeping an eye on. With so much happening in our world, it can be challenging to stay up-to-date and participate in every significant event or process.

This newsletter is dedicated to one area that demands our full attention and support: the position and role of journalism in digital spaces.

"Story Killers", a recent investigation by Forbidden Stories gathered more than 100 journalists from 30 media outlets to expose how journalists investigating disinformation are threatened, jailed, and in extreme cases, like that of Indian journalist Gauri Lankesh, killed. Forbidden Stories found that one in four journalists killed in non-conflict zones between 2017 and 2022 was the target of disinformation campaigns or received direct threats through social media networks leading up to their deaths.

According to the report titled “The Chilling: A global study of online violence against women journalists” about 20% of gendered online violence incidents lead to physical violence.

Unfortunately, in the world of content moderation, the focus remains heavily fixated on regulating harmful online speech, with only sporadic efforts safeguarding and promoting credible journalism organisations and recognising trustworthy accounts.

And that's just scratching the surface - we haven't even begun to explore the potential implications of artificial intelligence for journalism, disinformation, and misinformation (and subsequently every other facet of life on this planet).

So today, we bring you some reflections from the recent Internet for Trust conference in Paris, where experts delved into UNESCO's draft Guidelines for regulating digital platforms. We'll also be providing you with updates on the ongoing discussions surrounding the European Media Freedom Act and other significant regulatory initiatives. But first, we have a briefing dedicated to the Tech and Journalism Crisis and Emergency Mechanism (T&JM), our initiative that aims to strengthen content and account moderation systems by establishing an emergency and crisis mechanism for small and local journalists and media organisations.

In addition, we've rounded up some of the most compelling reports and articles on the subject.

As we navigate the ever-evolving landscape of digital media, it's critical to work together and develop policies that safeguard freedom of speech and address the needs and positions of journalism organisations.

Join us in our efforts to ensure that public interest journalism in digital spaces continues to exist.


Best,
Mira Milosevic and GFMD Team

  THE BRIEFING   

 Background: Small and local media, investigative journalism organisations, journalists, and civil society organisations, especially in smaller markets, frequently encounter unwarranted restrictions and prohibitive content moderation practices. In one of the recent examples, in July 2022, Facebook displayed a warning message identifying Moldova's prominent investigative weekly Ziarul de Gardă as being controlled by the Russian state. This damaging move had a negative impact on this investigative reporting outlet in Moldova and raised questions about the level of control that platforms like Facebook have.

It's evident that major online platforms aren't just responsible for fact-checking, distributing, and moderating content; they're also actively curating and editing the digital information ecosystem at scale through recommendations, amplification, and downranking. Ultimately, they hold the power to determine what content is deemed 'newsworthy'.

A skewed selection of news is often boosted out of proportion to the detriment of pluralism, relevance, and quality. Dependable journalism is crowded out by clickbait and other posts deliberately optimised for gaming platform algorithms.

Although some media outlets and journalism organisations, mainly in major markets and languages, have received recognition from the platforms, many others have been left behind. This has been especially true for small, independent, and investigative media outlets in nations and regions that aren't viewed as major tech markets. The invasion of Ukraine demonstrated that the current approach is not only ineffective but also potentially harmful to local media and journalists, and overall information spaces online.


 1. Who are credible and trusted voices online? For digital platforms, not all users are the same. Recommender systems, or algorithms that enable content moderation, benefit those who have achieved privileged status or recognition. Facebook's XCheck programme has provided special treatment to millions of celebrities, politicians, and other high-profile users, shielding millions of VIP users from the company's normal enforcement process. While XCheck grew to at least 5.8 million users by 2020, only selected media companies in the most lucrative markets are designated as news publishers on platforms.

In Europe, the Strengthened Code of Practice on Disinformation (2022) stresses the need "to facilitate user access to tools and information to assess the trustworthiness of information sources, such as indicators of trustworthiness for informed online navigation, particularly relating to societal issues or debates of general interest.", acknowledging initiatives aimed at identifying trusted content providers that could be deployed to recognise these key actors.

The Journalism Trust Initiative (JTI), which is creating and implementing indicators for the trustworthiness of journalism and thereby promoting and rewarding compliance with professional norms and ethics, is one example of new approaches to journalism self-regulation online. Whereas JTI evaluates and certifies the editorial processes and ethical standards observed by newsrooms, NewsGuard is a browser or app extension tool that displays trust ratings for over 7,500 news and information websites.

Working directly with major brands and their agencies, Internews’ Ads for News initiative also creates lists of fact-based, local news media. So far, it has included more than 8,000 news media in more than 30 countries, including Ukraine.

Most trust initiatives and tools have been developed in the United States or Western Europe. A deeper understanding of what trust and credibility look like in local media ecosystems and cultures, as well as empowering organisations that represent professional communities with ethical standards, such as journalists, is still needed.

 2. From Trusted Flaggers to Trusted Communities of Practice: When drafting the Digital Services Act (DSA), EU policymakers took a major step towards recognising professional communities in the digital information environment by creating a system to designate "Trusted Flaggers."

Building on the concept of "Trusted Flaggers," scholar Martin Husovec has proposed that certain communities (such as scientists, professional journalists, human rights activists, and others) can form Trusted Content Creator associations to represent them in interactions with platforms. This might be comparable to journalism associations or press councils. A similar relationship has already been established between some platforms and independent third-party fact-checkers globally who are certified through the International Fact-Checking Network (IFCN).

 3. Should journalism organisations be recognised? In the context of digital content moderation, this relationship between tech platforms and communities of "trusted content creators" could contribute to better risk assessment and transparency reporting for particularly vulnerable groups of online users, such as female journalists. It would also ease developing protocols for the recognition, verification, and protection of smaller accounts and accounts at risk, such as local news organisations and independent journalists who play an important role in informing their communities but are too small to be of interest to platforms.

Aware of the gaps in EU legislation for ensuring the protection of these fundamental rights, the European Commission has proposed a regulation establishing a common framework for media services in the internal market, the European Media Freedom Act (EMFA).

Article 17.5 of the EMFA stresses the need to have more data on platforms’ interference with news media content by requesting them to disclose instances where they imposed any restriction or suspension on news publishers. The proposal also flags the need to create a space for a structured dialogue between platforms, news publishers, and civil society organisations.

However, as you can read below, the inclusion of Article 17 in the European Media Freedom Act proposal has brought attention to the complex issues and diverging opinions surrounding digital regulation and news media. As the debates continue, it remains to be seen how the final proposal will address these issues and what impact it will have on the digital media landscape.

 What can our community do?  GFMD is actively supporting and promoting reputable journalism and civil society organisations on digital platforms as part of our ongoing work to strengthen digital information ecosystems.

Ensuring that credible and professional journalism continues to exist and operate freely in digital environments has prompted GFMD to launch a multistakeholder process aimed at establishing the Tech and Journalism Crisis and Emergency Joint Industry Mechanism (T&JM). This initiative seeks to strengthen content and account moderation systems by establishing an emergency and crisis mechanism for public interest journalistic organizations, thereby providing safeguards for online freedom of expression, which is also an important component of disinformation responses. Initially focused on Ukraine and the neighbouring countries as a pilot for possible wider application, T&JM specifically targets small and medium-sized media, community, and investigative journalism organisations and their professional communities.

The first in a series of regional consultative meetings and gatherings to discuss the initiative's practical implementation was co-organised by GFMD and the Baltic Centre for Media Excellence (BCME), in January 2023 in Riga, Latvia with a particular focus on the actors and experiences from organisations working in Ukraine and the region, as well as exiled media due to the conflict.

A second consultation was held during UNESCO’s Internet for Trust Conference in Paris on 21 February 2023, co-organized by GFMD and UCLA’s Institute for Technology, Law and Policy, seeking views from a wider range of partners on how the mechanism should be operationalized, how organisations should be involved, and what the expectations of such a mechanism were.

 

ACCESS THE T&JM CONCEPT NOTE

ACCESS KEY TAKEAWAYS FROM THE CONSULTATIONS

TO KNOW MORE

 
  • Digital Security in the Ukrainian Civil Society Sector during the War (October 2022). This report analyses the cyberattacks against Ukrainian civil society and media by Russian actors collected by Ukraine's Digital Security Lab (DSL). DSL is an NGO helping Ukrainian journalists, human rights defenders, and public activists to address digital security issues as well as protect human rights in the digital environment.
  • Trusted Content Creators (December 2022). Building on the idea of ‘Trusted Flagger’, Martin Husovec discusses an alternative approach for promoting and recognising high-quality content on the internet by developing a structure that allows professional content creators to become part of communities of practice. This framework would enable them to establish their own standards of trust, quality, and independence, in accordance with ethical and professional norms, and reward those who adhere to these standards. 
  • Content Moderation as Systems Thinking (December 2022). This article by Evelyn Douek argues that content moderation should be understood as a project of mass speech administration and that looking past a post-by-post evaluation of platform decision-making reveals a complex and dynamic system that needs a more proactive and continuous form of governance than the vehicle of individual error correction allows.

  WHAT DO YOU NEED TO KNOW?  

Our HELP DESK uses a network of experts and resources brought together by the GFMD IMPACT team to respond in a timely fashion to requests from donors, media development and journalism support practitioners and policymakers. Email helpdesk-impact@gfmd.info for more information and to submit a request. 

  TOWN SQUARE  

📄 UNESCO Guidelines and the process going forward: From February 20th until 23rd, GFMD attended UNESCO’s Internet for Trust Conference, where many experts, civil society organisations, governments and representatives from tech platforms were gathered to discuss the proposed guidelines for regulating digital platforms. These guidelines aim to safeguard freedom of expression and access to information online, however, still in the second draft published after the Conference, some concerns remain unaddressed regarding the scope of the proposal as well as the insufficient transparency and diversity of multistakeholders involved in the group accompanying the process.

More context: You can consult the feedback provided by the Global Network Initiative (GNI), as well as the comments by Article 19, the Center for Law and Democracy (CLD) and the Institute for Technology, Law & Policy (ITLP) at the University of California. The fireside chat between Tawfik Jelassi, Assistant Director-General for Communication and Information and Andrew Puddephatt, Senior Consultant for UNESCO, moderated by GFMD's Executive Director Mira Milosevic, addressing the purpose, scope, and the process of drafting the Guidelines is available to watch here. The keynote address by Maria Ressa, Journalist and CEO of Rappler, Nobel Peace Prize Laureate at the UNESCO Conference's Opening Session is available here.

How to engage: The period for submitting comments on the second version is now closed, but UNESCO will soon open the platform for feedback on version 3.0, once it is published.

📅 The European Media Freedom Act: In the European Union, the Commission has decided to take action by proposing a regulation to foster media pluralism and harmonise the media market in Europe. However, the inclusion of an online chapter (Article 17) in the proposal aimed to address media in the digital environment has sparked discussions and debates.

In particular, digital rights organisations have voiced their concerns regarding the online chapter. These groups have advocated for the exclusion of any additional safeguards or privileges for media, news, and journalist organizations,
arguing that complaint-handling procedures, such as those outlined by the Digital Services Act (DSA), should be sufficient to protect any online user without adding an extra layer that could provide a backdoor for malicious dis- and misinformation actors.

On the other hand, proponents of the online chapter argue that it is necessary to address the unique challenges faced by journalism organisations in the digital environment. They contend that journalists face a higher risk of online harassment, abuse, and misinformation and that the proposed safeguards would help mitigate some of these risks. They also claim that global online platforms undermine respect for journalistic standards, media rules in Europe, and editorial integrity and affect trust in and viability of media online.

Whereas it is not an easy debate to solve, little measures have been deployed to address the "delicate balance" between protecting press freedom and taking effective action to address mis- and dis-information (as stressed in 2022's Strengthened Code of Practice on Disinformation).

In the meantime, the proposal is being revised by the European Parliament and the Council, and while the European Union's bodies debate around the best approach to regulate media freedom in Europe, GFMD and its partners, through the EU Media Advocacy Group, are working on supporting policymakers and ensure that the EMFA will be a useful tool to reverse declining trends in press freedom across Europe.


To know more: Check our brief introduction to the European Media Freedom Act here. The European Parliament's Legislative Train Schedule can also be a useful tool for those less familiar with EU procedures to understand the developments on different legislative proposals, such as the EMFA.

How to engage: GFMD facilitates a subgroup on the EMFA, inside the EU Media Advocacy Working Group – If you are doing advocacy in the EU and want to receive more information or to join the discussion, please contact .
📅 DC Sustainability Dynamic Coalition: At the first meeting of the year, members of the DC-Sustainability discussed potential topics to address during the 2023 Internet Governance Forum session. Data, access, and transparency were commonly agreed upon as the three key areas that needed to be addressed to foster the sustainability of media in the digital environment. 

More context: Established in April 2019 the Dynamic Coalition on the Sustainability of Journalism and News Media (DC-Sustainability) is a multi-stakeholder initiative formally operating within the IGF that is meant to be a hub for the journalism, news media, press freedom, journalism support, and media development communities to engage with important Internet governance and digital policy matters. Find more information on the DC-Sustainability session held during the 17th annual Internet Governance Forum here.


How to engage: To prepare for this year's topic, Learning Calls will be organised by the coordinators - the next one is to be held on April 13th at 15.00 UTC - stay updated by joining the Dynamic Coalition here.

MORE ENGAGEMENT OPPORTUNITIES

  • The United Nations Global Digital Compact is an initiative to have a globally shared understanding of key digital principles and common rules to guide the development of a digital future that is open, free, and safe for everyone. The Common Agenda report suggests a number of topics to be covered, such as ensuring digital connectivity, stopping the Internet from getting split up, giving people more control over how their data is used, protecting human rights online, and making the Internet more reliable by putting in place measures to hold people accountable for discriminatory and misleading content.

    You can participate in the informal consultations and share your inputs here by April 30th, 2023. 

  WHAT TO READ THIS MONTH   

Platform Oversight: A Neglected Link in Internet’s Regulatory Futures (Agustina Del Campo, October 2022) This article explores the concept of oversight in the legal theory of governance and analyzes various regulatory initiatives, including regulation, co-regulation, and self-regulation. The author examines several aspects of these mechanisms, such as their independence, impartiality, competence, and effectiveness.

Platformatization and Media Capture: A Framework for Regulatory Analysis of Media-Related Platform Regulations (Courtney C. Radsch, March 2023) This article analyses the challenges of regulating the digital technology sector to support journalism in the era of platformatization. It examines the interdependence between three categories of policy interventions proposed by regulators worldwide to rebalance the dynamics between journalism and online platforms: taxation and subsidies, copyright and licensing, and competition and anti-trust. By examining the theory of change driving each intervention, the benefits to publishers, and the potential for government intervention, this paper explores the risks of capture inherent in different approaches.

Study on the impact of recent developments in digital advertising on privacy, publishers and advertisers (European Commission, January 2023) This study has collated evidence which on balance indicates a strong case to reform digital advertising. It indicates that the status quo is unsustainable for individuals, publishers, and advertisers. Digital advertising that relies on the collection of personal data, tracking and massive-scale profiling can have unintended consequences on data protection rights, security, democracy and the environment.

Google, and Facebook pledged millions for local news. Was it enough? (Jun. 2021) Facing regulatory and political pressure, Facebook and Alphabet Inc’s Google in recent years committed a combined $600 million to support news outlets globally. But several media analysts and news business executives told Reuters that the funding - set to last three years - does not nearly compensate for the tens of billions of dollars publishers lost as the tech companies gobbled up the digital advertising market.

Platforms don’t owe publishers a living. But they do owe them compensation. Here’s why (Mar. 2023) There’s been a great deal of discussion over the past few years about the pros and cons of various acts from countries like Australia, Canada and the UK designed to give publishers negotiating power against tech giants like Google and Facebook. The Public Interest News Foundation's Jonathan Heawood explains why the tech giants should be compensating publishers, and which models would work.


Have the Justices Gotten Cold Feet About ‘Breaking the Internet’? (Feb. 2023) The article by Lawfare discusses whether the recent decisions by the Supreme Court of the United States indicate that the justices have become hesitant to address the difficult issues related to regulating the internet. The author argues that the Court's reluctance to weigh in on these matters could have significant consequences, particularly given the increasing influence of online platforms in public discourse and commerce. 

Regulation of online political advertising in Europe and potential threats to freedom of expression (Mar. 2023) A proposal for a new European Union regulation that would harmonise rules at the Member State level regarding transparency of political advertising is currently in the final phases of discussion. Joan Barata, a Senior Legal Fellow at Justitia Future of Free Speech project, discusses here the concerns that the proposed regulation poses for freedom of expression.

Consistent regulatory and self-regulatory mechanisms for media freedom in the Digital Single Market. The European Media Freedom Act (EMFA) as meta-regulation (Jul. 2022). This paper by Robert Schuman Centre for Advanced Studies discusses how technology convergence is affecting the regulatory landscape of media freedom and media pluralism in Europe and draws relevant policy recommendations on its future development in light of the forthcoming proposal for a European Media Freedom Act.

The Supreme Court Takes up Section 230 (Oct. 2022). On this episode of Moderated content, Evelyn Douek spoke with Daphne Keller, the director of the Program on Platform Regulation at Stanford's Cyber Policy Center. They dig into two Supreme Court two cases concerning the scope of platform liability that could define the future of content moderation.

We also recommend reading Splice Media, The Reuters Institute for the Study of Journalism and The Fix Media newsletters which always have plenty of the latest news on the role of journalism in digital spaces.

GFMD IMPACT

This newsletter is brought to you by GFMD's International Media Policy and Advisory Centre. GFMD IMPACT enables informed, evidence-based decisions about media development and journalism support strategies, programming, funding, and advocacy by:

  • facilitating meetings of donors, practitioners and academia to enable knowledge sharing, experience exchange, learning and collaboration;
  • commissioning research, publishing briefings and curating the most relevant resources for the sector;
  • managing a Help Desk, which uses GFMD's network of experts and resources to respond to requests for research, surveys, and insights in a timely manner.
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