Harmful Internet


Due to its unique origin internet helps people to communicate despite of distance, time or state borders. However, such unique environment abolishes any geographical restrictions for data transmission. Owing to the services provided by internet e-life becomes more intense and different information users get more interested in new communication opportunities. Quite often one can find internet content, the publishing of which is limited or banned by laws.

Up to now there was no regulation of internet content by issuing obligatory legal acts (Directives) on the level of European Union. Having analyzed European Union legal experience in the field of internet content regulation, we can identify some of the following legal acts:

  • European Commission Communication On Illegal And Harmful Content On The Internet, Year Of 1996;
  • Green Paper On Protection Of Minors And Human Dignity In Audiovisual And Information Services Of 23 October 1996;
  • Decision No 276/1999/EC Of The European Parliament And Of The Council Of 25 January 1999 Adopting A Multi Annual Community Action Plan On Promoting Safer Use Of The Internet By Combating Illegal And Harmful Content On Global Networks;
  • Directive 2000/31/EC (E-Commerce Directive) Of The European Parliament And Of The Council Of 8 June 2000 On Certain Legal Aspects Of Information Society Services, In Particular Electronic Commerce.
  • For the first time in European Union the regulation of the content on the internet was considered in 1996, while adopting European Commission Communication on illegal and harmful content on the Internet, where it was focused on the necessity of ensuring free information spreading (Right to Information), and securing public interest.

EU Action Plan on Safer Internet foresees the following main tools:

  • creating safer environment – an effective way to limit the movement of illegal material – to establish the network of European centers (so called special communication lines), enabling users to report regarding the content, which they encounter while browsing internet, and which in their opinion is illegal. The criminal prosecution of the persons who are in charge of the illegal content is assigned to national legal institutions. In order to make use of all possibilities provided by the network it is necessary to improve the tools and cooperation with legal institutions, to ensure the establishment of the network all over Europe and to increase effectiveness while exchanging information and experience.
  • promoting self-regulation and codes of conduct – to increase effectiveness of self-regulation tools in the level of European Union, to prepare the recommendations regarding the codes of conduct, in order to achieve the common agreement regarding their application and support their implementation. In line with preparation of codes of conduct they are encouraging to use visible system of “quality website labels”, enabling the users to determine the Internet users, following the codes of conduct.
  • implementing filtering and rating systems (creating a possibility for the user to choose his/ her preferred content, by setting filter of content or by choosing websites of certain categories). For this purpose they encourage the rating systems, which are accepted internationally, comply with European requirements and ensure the implementation of filtering and rating practically provides effective choice possibility for the users, parents and teachers.
  • public awareness (creating conditions for parents, teachers, and children to find out the opportunities, provided by Internet, as well as possible dangers, and informing them regarding the activities of the state and business, creating safer Internet ensuring tools);
  • supporting actions (assessing current national legal basis and adjusting it to new demands, participating in international initiatives, etc.)

Currently in Lithuania the following legal acts are most related to regulation of harmful content and making public the off-the-record information in the public computer networks:

  • Republic Of Lithuania Law On Provision Of Information To The Public As Of 29 August 2000, No VIII-1905;
  • Republic Of Lithuania Law On Protection Of The Rights Of The Child As Of 14 March 1996, No I-1234;
  • Republic Of Lithuania Law On Protection Of The Minors From The Negative Effect Of The Public Information As Of 10 September 2002, No IX-1067;
  • Republic Of Lithuania Law On Communications As Of 5 July, 2002, No IX-1053;
  • Republic Of Lithuania Law On State And Official Secrets As Of 25 November 1999, No VIII-1443;
  • Republic Of Lithuania Government Decision Regarding Control Of Off-The-Record Information In Computer Networks Of Public Usage And Confirmation Of Rules Of Distribution Of Limited Public Information As Of 5 May 2003 and other legal acts.

One of the most important legal acts of Republic of Lithuania regulating the use of the off-the-record and harmful content of information is Republic of Lithuania Law on Provision of Information to the Public, Article 20 indicates that it is forbidden to publish the information, which:

  1. incites to change the constitutional order of the Republic of Lithuania through the use of force;
  2. instigates attempts against the sovereignty and territorial integrity of the Republic of Lithuania;
  3. instigates war, national, racial, religious, social and gender hatred; - Republic of Lithuania Government Decision regarding control of off-the-record Information in Computer Networks of public usage and confirmation of rules of distribution of limited public information as of 5 May 2003. Procedure of control of off-the-record Information in Computer Networks of public usage and distribution of limited public information was prepared according to Decision no 276/1999/EC of the European Parliament and of the Council of 25 January 1999, adopting a multi annual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks and following several laws of the Republic of Lithuania regulating provision of information to the public. However the procedure, adopted by the decision regarding control of off-the-record Information in Computer Networks of public usage and distribution of limited public information, declared the importance of the decision of the European Parliament and of the Council, adopting a multi annual EU action plan on promoting safer use of the Internet, it does not encourage self-regulation, which especially promoted in the European Union. The only example of self-regulation could be considered Item 9 regulation to follow professional ethic norms of provision of information to the public. Republic of Lithuania Law on Provision of Information to the Public, Article 44 defines the norms of professional ethics which have to be adhered to by the producers and disseminators, and journalists is defined in the Code of Ethics of Lithuanian Journalists and Publishers, which is approved, amended or supplemented by the meeting of representatives of journalists’ and publishers’ organizations which is convened by the Lithuanian Periodical Press Publishers’ Association, the Lithuanian Radio and Television Association, the Lithuanian Cable Television Association, Regional Televisions’ Association, the Lithuanian Journalists’ Union, the Lithuanian Journalists’ Society, the Lithuanian Journalism Centre, National Radio and Television of Lithuania, and the Lithuanian Chapter of International Advertising Association. Whereas, the Ethics Commission of Journalists and Publishers shall supervise compliance by the producers and disseminators of public information and journalists with the norms of professional ethics.
  4. disseminates, propagates or advertises pornography as well as propagates and/or advertises sexual services and sexual deviations;
  5. propagates and/or advertises narcotic or psychotropic substances;
  6. disseminates disinformation and information which is slanderous and offensive to a person or degrades human dignity and honor. It shall be also prohibited to disseminate information which violates the presumption of innocence or which may obstruct the impartiality of judicial authorities. In cases specified by the law and according to the procedure prescribed thereby, the court may restrict the dissemination in the media of value judgments and comments related to a case, which has not yet been examined in court, that may affect the impartiality and independence of the court, dissemination in the public information means.

Control of off-the-record Information in Computer Networks of public usage and rules of distribution of limited public information obligates information hosting service providers according to the procedures set by legal acts, to provide information free–of–charge to operations activity subjects, fixed in order to ensure the economic activity, including services related to information hosting in the service exchange, system files, as well as data of the persons, receiving permanent services, provided by information hosting service provider. The same requirement is foreseen by 4 Item of Article 57 of Law on Communications of Republic of Lithuania.

The main principle of Republic of Lithuania Law on Protection of the Rights of the Child and Republic of Lithuania Law on Protection of the Minors from the Negative Effect of the Public Information – protection from negative social environment influence. In such case Article 4 of Republic of Lithuania Law on Protection of the Minors from the Negative Effect of the Public Information provides information, that should be restricted or limited: public information related to portraying physical or psychological violence, information displaying dead or cruelly mutilated human body, except cases when such portrayal is necessary for identification purposes; as well as information which reveals a positive attitude towards addiction to drugs, psychotropic substances , tobacco or alcohol, encourages their use, production or acquisition, in which criminal activity is assessed favorably or criminals are idealized, which contains an incitement to discrimination on the basis of nationality, race, gender, origin, disability, sexual orientation, religion or other affiliation, in which obscene language, words and gestures are frequently employed. In addition to the above mentioned the information on the following is also limited: erotic nature, arising fear or horror, self-mutilation or suicide.

According to Article 5 of Republic of Lithuania Law on Protection of the Minors from the Negative Effect of the Public Information, Public information that is considered to cause detrimental effect to the development of minors shall be as follows:

  1. in relation to criminal activities or other violations of the law making available to the public of the personal data of a minor, who is not hiding from the law enforcement institutions or the court following the perpetration of a crime by a suspect, accused, being tried, judged, convicted, or a minor who has been the victim of a criminal action or other violations of the law, on the basis of which, his personal identity could be established.
  2. making public of the personal data of a minor who has mutilated himself or has attempted this, has committed suicide or has attempted it, according to which, his personal identity may be established;
  3. providing information about a minor, by which  his dignity is degraded and (or) his interests are violated;
  4. abusing the credulity and inexperience of minors, opinions and assessments by minors as well as their photos or filmed material concerning them are presented in a context of negative social phenomena; except the cases when the information concerns events, political, social, religious convictions or outlooks, this information is of great value for science or art or necessary for research or education, there is a public interest to publish it, its scope and effect is of little importance.

While concluding we could notice, that in Lithuania differently from legal regulation existing in European Union the distribution of the off-the-record Information and limited public usage Information in Computer Networks of public usage is regulated too strictly, leaving too narrow path for the self-regulation. It is also important to emphasize that the legal regulation of the off-the-record and limited public Information in the Internet is rather inconsistent and in some cases insufficient. It should be noted that though the legal regulation of the off-the-record and limited public Information is sufficient, regarding the majority of means and ways of providing of information to the public, but many laws and other legal acts should be explained more explicitly, in order to apply them to the Internet environment.

The current legal the legal regulation of the off-the-record and limited public Information in the Internet, existing in Lithuania, should be modified, providing a better possibility for self-regulation of the field.

Taking into consideration the global nature of Internet, more attention should be paid to the international legal regulation of the off-the-record and limited public information distribution in the Internet in order to limit the distribution of such information via Internet service providers, registered in other countries.