Media regulation in Finland is performed in accordance with the
Western principle of the freedom of speech. Legislation is used
only to set the outer limits of the freedom of speech.
The responsibility for supervising media content rests with the mass media itself. Self-regulation reinforces the independence of the mass media and emphasizes freedom of speech and freedom of publication. Self-regulation of mass media content is an established practice in Western democracies.
Self-regulation refers to the voluntary cooperation of businesses in the sector aimed at preventing harmful and unlawful activity. Supervision of this self-regulation is also carried out by the sector itself and is based on the various contracts and standards of those involved. The authorities only intervene in criminal cases.
Alongside self-regulation, it is also necessary to provide security through legislation in order to ensure trust and confidence. Legislation provides the basic level of security that affords protection in the event of criminal cases and situations which are contractually or financially problematic.
Self-regulation is also appropriate for newly developing markets before any legislation in the sector is introduced.
The Act on the Exercise of Freedom of Expression in Mass Media, which entered into force at the start of 2004, applies to publishing and programme making. Communication via information networks forms part of this and is therefore subject to the legislation on the mass media. The new Act repealed the previous Freedom of the Press Act and Radio Broadcasting Responsibility Act.
While the Act lays down a number of special requirements for regular publishing and programme making, the home pages of private individuals are subject only to the Act’s provisions on ensuring that, where necessary, responsibility is borne for any crime or damage.
The Council for Mass Media in Finland has been set up by publishers and journalists to act as a self-regulatory body for mass media content. Its function is to interpret good journalistic practice and its decisions are based on journalistic guidelines, which cover all journalistic work in the press, television, radio and on the Internet, giving equal treatment to each of these media.
YLE and the largest commercial TV companies, MTV3 and Nelonen, have together agreed on taking suitability for children into account in their entire programming content. To do this, they employ self-regulatory means, giving careful consideration to the timing of programmes, issuing viewer warnings and through watershed timings. This means that programmes unsuitable for persons under 18 years of age are not broadcast before 11.00 pm, those unsuitable for children under 15 are not shown before 9.00 pm, those unsuitable for children under 13 are not shown before 7.00 pm and those unsuitable for children younger than 11 are not shown on weekdays before 5.00 pm. These age limits and the related nature of the material are published in the programming information and are announced before and during the start of the programme as well as in advance advertising.
The content and operation of telephone services is supervised by the Telephone Services Ombudsman and MAPEL, a commercial phone services ethics committee set up by telephone service providers and teleoperators. MAPEL’s work is based on the telephone service standards drawn up by the sector itself.
In Finland, the monitoring of harmful Internet content is currently undertaken by the following bodies, each within its own sphere of operation: MAPEL, the Council for Mass Media in Finland, the Finnish Information Processing Association’s Ethics Advisory Committee, the Council on Ethics in Advertising, the Consumer Agency and the Consumer Ombudsman.
Finnish operators have together published a set of “netiquette” guidelines addressed to parents, for example, explaining how to act in the case of material that is unlawful or harmful to children. At the European level, cooperation is conducted through the EU and the Council of Europe and includes a number of different programmes, such as the Safer Internet Action Plan.
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