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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?