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History of international
communication and its regulation:
From Gutenberg to Internet
by Wolfgang Kleinwächter
1. Two hundred years of global communications
negotiations: endless power struggle over control, profit
and human rights
1.1 Newspaper Order
Carlsbad Treaty (1819): control of transborder flow of books and
newspapers
1.2 Telegraph Order
Paris International Telegraph Convention (1865): Article 4 introduced the
principle of sovereignty of governments to stop telegraph communication
to protect national security and secrecies
1.3 Wireless Order
Radiotelegraphy Convention (1906): follows Article 4 of the Paris Convention –
freedom within "national sovereignty"
1.4 Broadcast Order
Geneva Broadcasting Convention (1936): governments have responsibility for
content distributed across borders by short wave radio stations
1.5 Satellite Order
Draft Conventions for Satellite TV Broadcasting in UN and UNESCO (1960/70s):
prior consent vs. prior consultation
1.6 New World Information and Communication Order (NWICO
UNESCO`s Mass Media Declaration (Paris 1978) and MacBride Report (1980):
free and balanced flow of information
1.7 Internet Order
ICANN (Cambridge 1998): private sector leadership, driven by the market and led
by the industry
1.8 World Summit on the Information Society (WSIS)
Declaration, Action Plan & Agenda (Geneva 2003, Tunis 2005): bridging the
digital divide and multistakeholder governance
2. The Human Right to Communicate: From John Milton to
the Cyberspace
2.1 First Generation: Political Rights
a. History
• Gutenberg´s printing press, censorship & Milton's Areopagitica (16th and
17the century)
• French Revolution & US 1st Amendment (18th century)
• press feedom (19th century)
b. Article 19 Universal Declaration on Human Rights (1948)
• individual right to freedom of expression
• to hold opinions
• to seek, receive and impart information and ideas orally, in writing or in
print; through any media of his/her choice; regardless of frontiers
• duties and responsibilities with respect of the rights and reputations of
others (privacy, libel etc.), justified restrictions by law to protect national
security, public order, public health and moral and prohibition of war
propaganda and advocacy of national, racial or religious hatred
• Article 10 of the European Human Rights Convention (1950) and Articles
19/20 of the UN Covenant of Political and Civil Rights (1966)
2.2 Second Generation: Social and Economic Rights
•
•
•
Media Freedom and the Right to Education
Public Responsibility and Commercial Interests
UN
2.3 Third Generation: From Individual to Collective Rights?
•
•
Right to Peace, to Development and to Environment
Cultural Identity and National Sovereignty vs. Free Flow of Information?
2.4 Cyberspace and Communication Technology: Fourth
Generation?
•
•
•
Freedom of Expression and the Right to Privacy vs. Censorship and
Surveillance in Cyberspace
Net Neutrality, Open Access and Participation Rights vs. Intellectual
Property, Gateways and Checkpoints
From Governmental (Top Down) Regulation to Multi-stakeholder (BottomUp) Governance?