@article{nokey,

title = {ChatGPT and the AI Act},

author = {Helberger, N. and Diakopoulos, N.},

url = {https://policyreview.info/essay/chatgpt-and-ai-act},

doi = {10.14763/2023.1.1682},

year  = {2023},

date = {2023-02-16},

journal = {Internet Policy Review},

volume = {12},

issue = {1},

abstract = {It is not easy being a tech regulator these days. The European institutions are working hard towards finalising the AI Act in autumn, and then generative AI systems like ChatGPT come along! In this essay, we comment the European AI Act by arguing that its current risk-based approach is too limited for facing ChatGPT \& co.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{nokey,

title = {Popularity-driven Metrics: Audience Analytics and Shifting Opinion Power to Digital Platforms},

author = {Dodds, T. and Vreese, C. de and Helberger, N. and Resendez, V. and Seipp, T.},

doi = {10.1080/1461670X.2023.2167104},

year  = {2023},

date = {2023-01-06},

urldate = {2023-01-06},

journal = {Journalism Studies},

abstract = {As digital technologies have made their way into news production, allowing news organizations to measure audience behaviors and engagement in real-time, click-based and editorial goals have become increasingly intertwined. Ongoing developments in algorithmic technologies allow editors to bring their audience into the newsroom using specialized tools such as Chartbeat or Google Analytics. This article examines how these technologies have affected the composition of the audience and their power to influence news-making processes inside two Chilean newsrooms. Drawing on several months of newsroom ethnography, we identify how the pursuit of “clickable news” impacts editorial processes and journalistic priorities by changing the datafied audience opinion power behind news production. Shifts in opinion power, loss of control, and increased platform dependency may contribute to a concentrated media landscape. Our findings show that opinion power has shifted to a datafied version of the audience, raising new questions about platform dependency and editorial autonomy in media organizations. These results carry significant implications for understanding the chase for traffic in current multiplatform newsrooms and how this phenomenon impacts news production.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{nokey,

title = {Dealing with Opinion Power in the Platform World: Why We Really Have to Rethink Media Concentration Law},

author = {Seipp, T. and Helberger, N. and Vreese, C.H. de and Ausloos, J.},

doi = {10.1080/21670811.2022.2161924},

year  = {2023},

date = {2023-01-03},

urldate = {2023-01-03},

journal = {Digital Journalism},

abstract = {The platformised news environment affects audiences, challenges the news media’s role, and transforms the media ecosystem. Digital platform companies influence opinion formation and hence wield “opinion power,” a normatively and constitutionally rooted notion that captures the core of media power in democracy and substantiates why that power must be distributed. Media concentration law is the traditional tool to prevent predominant opinion power from emerging but is, in its current form, not applicable to the platform context. We demonstrate how the nature of opinion power is changing and shifting from news media to platforms and distinguish three levels of opinion power: (1) the individual citizen, (2) the institutional newsroom and (3) the media ecosystem. The reconceptualization at the three levels provides a framework to develop future (non-)regulatory responses that address (1) the shifting influence over individual news consumption and exposure, (2) the changing power dynamics within automated, datafied and platform-dependent newsrooms, and (3) the systemic power of platforms and structural dependencies in the media ecosystem. We demonstrate that as the nature of opinion power is changing, so must the tools of control.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{nokey,

title = {Towards a Normative Perspective on Journalistic AI: Embracing the Messy Reality of Normative Ideals},

author = {Helberger, N. and Drunen, M. van and M\"{o}ller, J. and Vrijenhoek, S. and Eskens, S.},

url = {https://www.ivir.nl/digital_journalism_2022_10/},

doi = {https://doi.org/10.1080/21670811.2022.2152195},

year  = {2022},

date = {2022-12-22},

journal = {Digital Journalism},

volume = {10},

issue = {10},

pages = {1605-1626},

abstract = {Few would disagree that AI systems and applications need to be “responsible,” but what is “responsible” and how to answer that question? Answering that question requires a normative perspective on the role of journalistic AI and the values it shall serve. Such a perspective needs to be grounded in a broader normative framework and a thorough understanding of the dynamics and complexities of journalistic AI at the level of people, newsrooms and media markets. This special issue aims to develop such a normative perspective on the use of AI-driven tools in journalism and the role of digital journalism studies in advancing that perspective. The contributions in this special issue combine conceptual, organisational and empirical angles to study the challenges involved in actively using AI to promote editorial values, the powers at play, the role of economic and regulatory conditions, and ways of bridging academic ideals and the messy reality of the real world. This editorial brings the different contributions into conversation, situates them in the broader digital journalism studies scholarship and identifies seven key-take aways.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{nokey,

title = {Effects of an issue-based microtargeting campaign: A small-scale field experiment in a multi-party setting},

author = {Dobber, T. and Trilling, D. and Helberger, N. and Vreese, C.H. de},

url = {https://www.tandfonline.com/doi/full/10.1080/01972243.2022.2134240},

doi = {10.1080/01972243.2022.2134240},

year  = {2022},

date = {2022-11-08},

journal = {The Information Society},

abstract = {Political microtargeting is the subject of heated societal debate but not much is known about its effects, especially in non-US contexts. Microtargeting, used by political actors to send citizens tailored messages, could have the potential to overcome barriers that make generic political messages less effective. In this article, we present a small-scale field experiment, which serves as a case study to illustrate how microtargeting’s effects on citizens could be measured. The field experiment showed that receiving a microtargeted message via postal mail increased likelihood to vote for the microtargeting party, but this increase did not translate into actual votes.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{nokey,

title = {Choice Architectures in the Digital Economy: Towards a New Understanding of Digital Vulnerability},

author = {Helberger, N. and Sax, M. and Strycharz, J. and Micklitz, H.-W.},

url = {https://link.springer.com/article/10.1007/s10603-021-09500-5},

doi = {10.1007/s10603-021-09500-5},

year  = {2022},

date = {2022-05-24},

urldate = {2021-12-22},

journal = {Journal of Consumer Policy},

volume = {45},

issue = {2},

pages = {175-200},

abstract = {In the digital economy, consumer vulnerability is not simply a vantage point from which to assess some consumers’ lack of ability to activate their awareness of persuasion. Instead, digital vulnerability describes a universal state of defencelessness and susceptibility to (the exploitation of) power imbalances that are the result of the increasing automation of commerce, datafied consumer\textendashseller relations, and the very architecture of digital marketplaces. Digital vulnerability, we argue, is architectural, relational, and data-driven. Based on our concept of digital vulnerability, we demonstrate how and why using digital technology to render consumers vulnerable is the epitome of an unfair digital commercial practice.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@inbook{nokey,

title = {Introduction: An Information Law Approach to Intellectual Property and Sports},

author = {Senftleben, M. and Poort, J. and van Eechoud, M. and van Gompel, S. and Helberger, N.},

isbn = {9789403537337},

year  = {2021},

date = {2021-11-30},

urldate = {2021-11-30},

booktitle = {Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz},

pages = {3-11},

publisher = {Wolters Kluwer},

series = {Information Law Series},

keywords = {},

pubstate = {published},

tppubtype = {inbook}

}

@inbook{nokey,

title = {'Voetbal Hoort niet bij Robots': Attitudes Regarding the Use of Artificial Intelligence in Refereeing},

author = {Helberger, N. and Zarouali, B.},

isbn = {9789403537337},

year  = {2021},

date = {2021-11-30},

booktitle = {Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz},

pages = {395-409},

publisher = {Wolters Kluwer},

series = {Information Law Series},

keywords = {},

pubstate = {published},

tppubtype = {inbook}

}

@article{nokey,

title = {The perils of legally defining disinformation},

author = {Fahy, R. and Helberger, N. and Appelman, N.},

url = {https://www.ivir.nl/publicaties/download/InternetPolicyReview_2021.pdf},

doi = {10.14763/2021.4.1584},

year  = {2021},

date = {2021-11-12},

journal = {Internet Policy Review},

volume = {10},

number = {4},

abstract = {EU policy considers disinformation to be harmful content, rather than illegal content. However, EU member states have recently been making disinformation illegal. This article discusses the definitions that form the basis of EU disinformation policy, and analyses national legislation in EU member states applicable to the definitions of disinformation, in light of freedom of expression and the proposed Digital Services Act. The article discusses the perils of defining disinformation in EU legislation, and including provisions on online platforms being required to remove illegal content, which may end up being applicable to overbroad national laws criminalising false news and false information.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2021bb,

title = {Conditions for technological solutions in a COVID-19 exit strategy, with particular focus on the legal and societal conditions},

author = {Helberger, N. and Eskens, S. and Strycharz, J. and Bouch\`{e}, G. and van Hoboken, J. and Mil, J. van and Toh, J. },

url = {https://www.ivir.nl/publicaties/download/covid-report-1.pdf},

year  = {2021},

date = {2021-09-13},

abstract = {Which legal, ethical and societal conditions need to be fulfilled for the use of digital solutions in managing the COVID-19 exit-strategy? This was the central question of this research. Digital technologies can be part of solutions to societal challenges, for example to manage the pandemic and lead the Netherlands out of the COVID-19 crisis. One set of technologies that figured particularly prominently in that debate was the use of contact tracing apps like the CoronaMelder, as well as digital vaccination passports (CoronaCheck app).  

In the Netherlands, Europe and worldwide, the introduction of apps such as the CoronaMelder or the CoronaCheck app was met by criticism from experts, politicians, civil society and academics. Concerns range from the lack of evidence for the effectiveness of such apps, uncertainty about the conditions that need to be fulfilled to reach their goal, our growing dependency on technology companies up to worries about the fundamental rights and adverse effects for vulnerable groups, such as elderly or users without a smart phone. 

The overall goal of the research was to monitor the societal, ethical and legal implications of implementing apps like the CoronaMelder, and from that draw lessons for the future use of ‘technology-assisted governance solutions’. One important conclusion from the report is that ‘there are no easy technological fixes, and in order for a technological solution to work, it needs to be part of a broader vision on what such a solution needs to function in society, achieve its intended goals and respect the fundamental rights of users as well as non-users.’ The report also offers critical reflections on the need for democratic legitimisation and accountability, the role of big tech and insights on the societal impact of the CoronaMelder and other technological solutions.

},

note = {Report for ZonMw, written by N. Helberger, S. Eskens, J. Strycharz, G. Bouch\`{e}, J. van Hoboken, J. van Mil, J. Toh, with N. Appelman, J. van Apeldoorn, M. van Eechoud, N. van Doorn, M. Sax \& C. de Vreese, September 2021, Amsterdam},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@book{ils2021,

title = {Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz},

author = {Senftleben, M. and Poort, J. and van Eechoud, M. and van Gompel, S. and Helberger, N.},

url = {https://lrus.wolterskluwer.com/store/product/intellectual-property-and-sports-essays-in-honour-of-p-bernt-hugenholtz/},

isbn = {9789403537337},

year  = {2021},

date = {2021-09-09},

urldate = {2021-09-09},

volume = {46},

publisher = {Kluwer Law International},

series = {Information Law Series},

abstract = {Intellectual Property and Sports celebrates the enormous achievements of Professor Bernt Hugenholtz in the field of intellectual property and information law. Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Focus on sports-related intellectual property issues offers an ideal starting point for exploring core questions on information law. Legal rules in sports and intellectual property evolve in a climate pervaded by powerful lobby pressures with new technologies that have a profound impact on developments in the sports arena. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports.},

keywords = {},

pubstate = {published},

tppubtype = {book}

}

@article{Helberger2021bb,

title = {Towards Unfair Political Practices Law: Learning lessons from the regulation of unfair commercial practices for online political advertising},

author = {Helberger, N. and Dobber, T. and Vreese, C.H. de},

url = {https://www.jipitec.eu/issues/jipitec-12-3-2021/5338},

year  = {2021},

date = {2021-08-26},

journal = {JIPITEC},

volume = {12},

number = {3},

pages = {273-296},

abstract = {Online political advertising operates in a tense forcefield between political and commercial elements and thus presents regulators with a difficult conundrum: because online political advertising is political rather than commercial speech, it is destined to follow a different regulatory tradition than commercial advertising. And yet many of the tools used, players involved and concerns triggered by modern online political advertising strategies very much resemble the tools, players and concerns in online commercial targeting. Commercial advertising is subject to consumer law and unfair advertising regulation, including rules about unfair commercial practices. Unfair commercial practices law and other rules about commercial advertising, however, are explicitly not applicable to forms of non-commercial political or ideological advertising. An important reason why this is so is the different level of protection of political and commercial speech under fundamental rights law standards. And yet with the ongoing commercial turn in advertising, the traditional division between forms of commercial and political advertising is no longer that self-evident. Also, it cannot be denied that commercial advertising law has a long tradition of thinking of where and how to draw the line between lawful advertising and unlawful persuasion through withholding or misleading consumers about the information they need to take informed decisions, or abusing superior knowledge, exerting undue psychological pressure and engaging in other forms of unfair behaviour. The question this article explores is whether there are lessons to be learned from the regulation of commercial advertising for the pending initiatives at the national and the European level to regulate online political advertising, and online political targeting in specific.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Reuver2021,

title = {Are we human, or are we users? The role of natural language processing in human-centric news recommenders that nudge users to diverse content},

author = {Reuver, M. and Mattis, N. and Sax, M. and Verberne, S. and Tintarev, N. and Helberger, N. and M\"{u}ller, J. and Vrijenhoek, S. and Fokkens, A. and Van Atteveldt, W.},

url = {https://aclanthology.org/2021.nlp4posimpact-1.6/},

doi = {https://doi.org/10.18653/v1/2021.nlp4posimpact-1.6},

year  = {2021},

date = {2021-08-01},

journal = {The 1st Workshop on NLP for Positive Impact: NLP4PosImpact 2021 : proceedings of the workshop},

pages = {47-59},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bastian2021,

title = {Safeguarding the Journalistic DNA: Attitudes towards the Role of Professional Values in Algorithmic News Recommender Designs},

author = {Bastian, M. and Helberger, N. and Makhortykh, M.},

url = {https://www.tandfonline.com/doi/full/10.1080/21670811.2021.1912622},

doi = {https://doi.org/10.1080/21670811.2021.1912622},

year  = {2021},

date = {2021-07-29},

journal = {Digital Journalism},

abstract = {In contrast to the extensive debate on the influence of algorithmic news recommenders (ANRs) on individual news diets, the interaction between such systems and journalistic norms and missions remain under-studied. The change in the relationship between journalists and the audience caused by the transition to personalized news delivery has profound consequences for the understanding of what journalism should be. To investigate how media practitioners perceive the impact of ANRs on their professional norms and media organizations’ missions, and how these norms and missions can be integrated into ANR design, this article looks at two quality newspapers from the Netherlands and Switzerland. Using an interview-based approach conducted with practitioners in different departments (e.g. journalists, data scientists, and product managers), it explores how ANRs interact with organization-centred and audience-centred journalistic values. The paper’s findings indicate a varying degree of prominence for specific values between individual practitioners in the context of their perception of ANRs. At the same time, the paper also reveals that some organization-centred (e.g. transparency) and most audience-centred (e.g. usability) values are viewed as prerequisites for successful ANR design by practitioners with different professional backgrounds.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@periodical{Sax2021bb,

title = {Opinie: Beleid voor CoronaCheck-app ontbreekt jammerlijk},

author = {Sax, M. and Helberger, N. and Strycharz, J.},

url = {https://www.nrc.nl/nieuws/2021/04/25/beleid-voor-coronacheck-apps-ontbreekt-jammerlijk-a4041219},

year  = {2021},

date = {2021-04-23},

journal = {NRC Handelsblad},

keywords = {},

pubstate = {published},

tppubtype = {periodical}

}

@article{nokey,

title = {Recommenders with a Mission: Assessing Diversity in News Recommendations},

author = {Vrijenhoek, S. and Kaya, M. and Metoui, N. and M\"{o}ller, J. and Odijk, D. and Helberger, N.},

url = {https://dl.acm.org/doi/10.1145/3406522.3446019},

doi = {10.1145/3406522.3446019},

year  = {2021},

date = {2021-03-14},

journal = {CHIIR '21: Proceedings of the 2021 Conference on Human Information Interaction and Retrieval},

pages = {173-183},

abstract = {News recommenders help users to find relevant online content and have the potential to fulfill a crucial role in a democratic society, directing the scarce attention of citizens towards the information that is most important to them. Simultaneously, recent concerns about so-called filter bubbles, misinformation and selective exposure are symptomatic of the disruptive potential of these digital news recommenders. Recommender systems can make or break filter bubbles, and as such can be instrumental in creating either a more closed or a more open internet. Current approaches to evaluating recommender systems are often focused on measuring an increase in user clicks and short-term engagement, rather than measuring the user's longer term interest in diverse and important information.

This paper aims to bridge the gap between normative notions of diversity, rooted in democratic theory, and quantitative metrics necessary for evaluating the recommender system. We propose a set of metrics grounded in social science interpretations of diversity and suggest ways for practical implementations.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{Helberger2021,

title = {EU Consumer Protection 2.0: Structural Asymmetries in Digital Consumer Markets},

author = {Helberger, N. and Lynskey, O. and Micklitz, H.-W. and Rott, P. and Sax, M. and Strycharz, J.},

url = {https://www.beuc.eu/publications/beuc-x-2021-018_eu_consumer_protection.0_0.pdf},

year  = {2021},

date = {2021-03-05},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{Helberger2021b,

title = {Regulation of news recommenders in the Digital Services Act: empowering David against the Very Large Online Goliath},

author = {Helberger, N. and Drunen, M. van and Vrijenhoek, S. and M\"{o}ller, J.},

url = {https://policyreview.info/articles/news/regulation-news-recommenders-digital-services-act-empowering-david-against-very-large},

year  = {2021},

date = {2021-02-26},

journal = {Internet Policy Review},

note = {Opinion},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{Betzel2020,

title = {Notions of Disinformation and Related Concepts },

author = {Betzel, M. and Fahy, R. and Helberger, N. and Marrazzo, F. and Matv{e}jka, S. and Nyakas, L. and Papp, J.},

url = {https://www.ivir.nl/publicaties/download/ERGA-SG2-Report-2020-Notions-of-disinformation-and-related-concepts.pdf},

year  = {2020},

date = {2020-12-11},

abstract = {Previous work of the European Regulators Group for Audiovisual Media Services (ERGA) has shown that the definitions used by the European Commission, Member States and online platforms for the different phenomena of disinformation deviate and should be further clarified in order to ensure a consistent approach. The aim of this Report is to provide for clearer and more uniform definitions of disinformation to ensure optimal guidance to all actors involved and contribute to more consistency within the national approaches. The Report also aims to assist in coming to clearer definitions and ensure more consistency and uniformity regarding the notions of political advertising and issue-based advertising. The information for this report was collected through various means including an examination of existing academic research, interviews with relevant stakeholders, particularly from the civil society and media. The scope of the survey was not limited to the single notion of disinformation but also covered concepts that are usually associated with disinformation such as misinformation, malinformation, fake news, false news, false information, and foreign influence operations. Information was collected on definitions, interpretations, and understandings of disinformation and related concepts available in the legislation and other regulation including (self-regulatory) codes and guidelines of ERGA members and observers. The Report concludes with identifying key relevant elements and characteristics of the notions of disinformation, political advertising, and related concepts, and includes recommendations to assist in coming to clearer definitions regarding disinformation, political advertising and issue-based advertising.},

note = {ERGA report},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@techreport{vanHoboken2020d,

title = {WODC-onderzoek: Voorziening voor verzoeken tot snelle verwijdering van onrechtmatige online content},

author = {van Hoboken, J. and Appelman, N. and van Duin, A. and Blom, T. and Zarouali, B. and Fahy, R. and Steel, M. and Stringhi, E. and Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/WODC_voorziening_onrechtmatige_content.pdf},

year  = {2020},

date = {2020-11-12},

abstract = {Dit onderzoek is uitgegeven als onderdeel van het speerpunt van de Minister voor Rechtsbescherming om de positie van slachtoffers van onrechtmatige uitingen op het internet te verbeteren. Aanleiding is dat het voor mensen als te moeilijk ervaren wordt om onrechtmatige online content snel verwijderd te krijgen. Dit rapport biedt inzicht in de juridische en praktische haalbaarheid van een voorziening voor de verwijdering van onrechtmatige online content die mensen persoonlijk raakt. Onrechtmatige content is informatie, door mensen op het internet geplaatst, die in strijd is met het recht, vanwege de schadelijke gevolgen ervan en/of omdat de belangen van anderen daardoor op ernstige wijze worden aangetast. Hierbij moet, bijvoorbeeld, gedacht worden aan bedreigingen, privacy-inbreuken of wraakporno. Het doel van de onderzochte voorziening is om mensen in staat te stellen deze onrechtmatige online content zo snel mogelijk te verwijderen. Het onderzoek focust op onrechtmatige online content die mensen in hun persoon raakt en daarmee onder het recht op priv\'{e}leven uit artikel 8 Europees Verdrag voor de Rechten van de Mens (“EVRM”) valt.},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@techreport{Drunen2020b,

title = {News Recommenders and Cooperative Explainability: Confronting the contextual complexity in AI explanations},

author = {Drunen, M. van and Ausloos, J. and Appelman, N. and Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/Visiepaper-explainable-AI-final.pdf},

year  = {2020},

date = {2020-11-03},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{Strycharz2020,

title = {Data Protection or Data Frustration? Individual perceptions and attitudes towards the GDPR},

author = {Strycharz, J. and Ausloos, J. and Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/EDPLR_2020_3.pdf},

doi = {https://doi.org/10.21552/edpl/2020/3/10},

year  = {2020},

date = {2020-10-13},

journal = {European Data Protection Law Review},

volume = {6},

number = {3},

pages = {407-421},

abstract = {Strengthening individual rights, enhancing control over one’s data and raising awareness were among the main aims the European Commission set for the General Data Protection Regulation (GDPR). In order to assess whether these aims have been met, research into individual perceptions, awareness, and understanding of the Regulation is necessary. This study thus examines individual reactions to the GDPR in order to provide insights into user agency in relation to the Regulation. More specifically, it discusses empirical data (survey with N = 1288) on individual knowledge of, reactions to, and rights exercised under the GDPR in the Netherlands. The results show high awareness of the GDPR and knowledge of individual rights. At the same time, the Dutch show substantial reactance to the Regulation and doubt the effectiveness of their individual rights. These findings point to several issues obstructing the GDPR’s effectiveness, and constitute useful signposts for policy-makers and enforcement agencies to prioritise their strategies in achieving the original aims of the Regulation.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2020f,

title = {Who is the fairest of them all? Public attitudes and expectations regarding automated decision-making},

author = {Helberger, N. and Araujo, T. and Vreese, C.H. de},

url = {https://www.sciencedirect.com/science/article/pii/S0267364920300613?dgcid=author},

doi = {https://doi.org/10.1016/j.clsr.2020.105456},

year  = {2020},

date = {2020-09-15},

journal = {Computer Law \& Security Review},

volume = {39},

abstract = {The ongoing substitution of human decision makers by automated decision-making (ADM) systems in a whole range of areas raises the question of whether and, if so, under which conditions ADM is acceptable and fair. So far, this debate has been primarily led by academics, civil society, technology developers and members of the expert groups tasked to develop ethical guidelines for ADM. Ultimately, however, ADM affects citizens, who will live with, act upon and ultimately have to accept the authority of ADM systems.



The paper aims to contribute to this larger debate by providing deeper insights into the question of whether, and if so, why and under which conditions, citizens are inclined to accept ADM as fair. The results of a survey (N = 958) with a representative sample of the Dutch adult population, show that most respondents assume that AI-driven ADM systems are fairer than human decision-makers.



A more nuanced view emerges from an analysis of the responses, with emotions, expectations about AI being data- and calculation-driven, as well as the role of the programmer \textendash among other dimensions \textendash being cited as reasons for (un)fairness by AI or humans. Individual characteristics such as age and education level influenced not only perceptions about AI fairness, but also the reasons provided for such perceptions. The paper concludes with a normative assessment of the findings and suggestions for the future debate and research.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2020h,

title = {Macro and Exogenous Factors in Computational Advertising: Key Issues and New Research Directions},

author = {Helberger, N. and Huh, J. and Milne, G. and Strycharz, J.},

doi = {https://doi.org/10.1080/00913367.2020.1811179},

year  = {2020},

date = {2020-09-11},

journal = {Journal of Advertising},

volume = {49},

number = {4},

pages = {377-393},

abstract = {To advance the emerging research field of computational advertising this article describes the new computational advertising ecosystem, identifies key actors within it and interactions among them, and discusses future research agendas. Specifically, we propose systematic conceptualization for the redefined advertising industry, consumers, government, and technology environmental factors, and discuss emerging and anticipated tensions that arise in the macro and exogenous factors surrounding the new computational advertising industry, leading to suggestions for future research directions. From multidisciplinary angles, areas of tension and related research questions are explored from advertising, business, computer science, and legal perspectives. The proposed research agendas include exploring transparency of computational advertising practice and consumer education; understanding the trade-off between explainability and performance of algorithms; exploring the issue of new consumers as free data laborers, data as commodity, and related consumer agency challenges; understanding the relationship between algorithmic transparency and consumers’ literacy; evaluating the trade-off between algorithmic fairness and privacy protection; examining legal and regulatory issues regarding power imbalance between actors in the computational advertising ecosystem; and studying the trade-off between technological innovation and consumer protection and empowerment.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2020g,

title = {Opinie: corona-app vraagt om meer toezicht op grote techbedrijven},

author = {Helberger, N. and Eskens, S.},

url = {https://www.volkskrant.nl/columns-opinie/opinie-corona-app-vraagt-om-meer-toezicht-op-grote-techbedrijven~b6898138/},

year  = {2020},

date = {2020-09-10},

journal = {De Volkskrant},

abstract = {Er is te weinig aandacht voor de rol van Google en Apple bij de invoering van de CoronaMelder, betogen Natali Helberger en Sarah Eskens.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2020e,

title = {Challenging rabbit holes: towards more diversity in news recommendation systems},

author = {Helberger, N. and Bernstein, A. and Schulz, W. and Vreese, C.H. de},

url = {https://blogs.lse.ac.uk/medialse/2020/07/02/challenging-rabbit-holes-towards-more-diversity-in-news-recommendation-systems/},

year  = {2020},

date = {2020-07-16},

journal = {LSE Media Blog},

abstract = {Access to diverse sources of news and information is more important than ever in this time of global crisis, yet far too often, people can find themselves diving into ‘rabbit holes’ of information and opinion that are hard to escape. Here, the following authors provide an in depth assessment of how algorithmic recommendation systems for news can play a more constructive role in a diverse media landscape.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2020d,

title = {The Political Power of Platforms: How Current Attempts to Regulate Misinformation Amplify Opinion Power},

author = {Helberger, N.},

url = {https://doi.org/10.1080/21670811.2020.1773888},

year  = {2020},

date = {2020-07-14},

journal = {Digital Journalism},

volume = {8},

number = {6},

pages = {842-854},

abstract = {This contribution critically reviews the ongoing policy initiatives in Europe to impose greater societal responsibility on social media platforms. I discuss the current regulatory approach of treating social platforms as mere 'intermediaries' of the speech of others and propose a different perspective. Instead of perceiving platforms as intermediaries and facilitators of the speech of others, I view social media platforms as active political actors in their own right, and wielders of considerable opinion power. I will explain how taking the perspective of opinion power throws a very different, and rather alarming light on the recent regulatory initiatives.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Monzer2020,

title = {User Perspectives on the News Personalisation Process: Agency, Trust and Utility as Building Blocks},

author = {Monzer, C. and M\"{o}ller, J. and Helberger, N. and Eskens, S.},

url = {https://www.tandfonline.com/doi/full/10.1080/21670811.2020.1773291},

doi = {10.1080/21670811.2020.1773291},

year  = {2020},

date = {2020-06-16},

journal = {Digital Journalism},

volume = {8},

number = {9},

pages = {1142-1162},

abstract = {With the increasing use of algorithms in news distribution, commentators warn about its possible impacts on the changing relationship between the news media and news readers. To understand the meaning of news personalisation strategies to users, we investigated how they currently experience news personalisation, perceive their role in the personalisation process, and envision increasing the utility of personalised news by giving users more agency and fostering trust. We conducted four focus groups with online news readers in Germany. For the analysis, grounded theory techniques were suitable due to their applicability in reconstructing user perspectives through their own experiences. We found that (1) users fail to distinguish between news personalisation and commercial targeting, which may negatively bias their perception; (2) there is a contradiction in how users perceive themselves as active participants in the process, but lack the means to exercise agency; (3) user concerns extend beyond privacy to what information they receive and their right to personal autonomy\textemdasha solution requires offering users the ability to dynamically adjust their “news interest profiles”; (4) while news personalisation strategies afford new opportunities for introducing reciprocity in the media-audience relationship, negotiating competing logics of journalistic, personal and algorithmic curation remains a challenge.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{vanHoboken2020b,

title = {Het juridisch kader voor de verspreiding van desinformatie via internetdiensten en de regulering van politieke advertenties},

author = {van Hoboken, J. and Appelman, N. and Fahy, R. and Leerssen, P. and McGonagle, T. and van Eijk, N. and Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/Rapport_desinformatie_december2019.pdf

https://www.ivir.nl/publicaties/download/Kamerbrief_desinformatie.pdf},

year  = {2020},

date = {2020-05-14},

abstract = {Het onderzoek, uitgevoerd in opdracht van het Ministerie van Binnenlandse Zaken en Koninkrijksrelaties, analyseert het juridisch kader van toepassing op de verspreiding van desinformatie via online diensten.  Het rapport biedt een uitgebreid overzicht van de relevante Europese en Nederlandse normen en doet aanbevelingen voor de verbetering van dit juridisch kader. Het onderzoek bevat daarnaast ook een analyse van het relevant wettelijke kader in de V.S., het V.K, Frankrijk, Duitsland, Canada en Zweden.  

Het rapport maakt duidelijk hoe de vrijheid van meningsuiting als rode draad door het wettelijke kader loopt. Dit fundamentele recht vormt zowel de buitenste grens voor regulering als een basis voor nieuwe maatregelen, bijvoorbeeld voor de bescherming van pluralisme. Het wettelijk kader van toepassing op desinformatie blijkt zeer breed, bevat verschillende reguleringsniveaus, verschuift afhankelijk van de specifieke context en omvat vele al bestaande normen voor de regulering van specifieke typen desinformatie. Verder blijkt het toezicht op dit wettelijk kader vrij gefragmenteerd te zijn. Op basis van deze analyse komt het rapport tot aan aantal aanbevelingen. De aanbevelingen hebben onder andere betrekking op het gebruik van de term desinformatie als beleidsterm, het omgaan met de spanningen op de verschillende beleidsniveaus, de regulering van internettussenpersonen door middel van transparantie verplichtingen en de samenwerking tussen de verschillende toezichthouders. 

Voorafgaand aan deze eindrapportage is in eind 2019 het interim-rapport gepubliceerd. Dit rapport focuste op de relatie tussen desinformatie en online politieke advertenties. Beide studies zijn onderdeel van het onderzoeksproject ‘Digital Transition of Decision-Making at the Faculty of Law of the University of Amsterdam’  dat zich buigt over vraagstukken gerelateerd aan kunstmatige intelligentie en publieke waarden,  data governance, en online platforms. },

note = {Rapport voor het ministerie van Binnenlandse Zaken en Koninkrijksrelaties, Amsterdam, december 2019},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@techreport{vanHoboken2020c,

title = {The legal framework on the dissemination of disinformation through Internet services and the regulation of political advertising},

author = {van Hoboken, J. and Appelman, N. and Fahy, R. and Leerssen, P. and McGonagle, T. and van Eijk, N. and Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/Report_Disinformation_Dec2019-1.pdf},

year  = {2020},

date = {2020-05-14},

abstract = {The study, commissioned by the Dutch government, focusses on the legal framework governing the dissemination of disinformation, in particular through Internet services. The study provides an extensive overview of relevant European and Dutch legal norms relating to the spread of online disinformation, and recommendations are given on how to improve this framework. Additionally, the study includes an analysis of the relevant legal framework in 6 different countries (U.K., U.S., France, Germany, Sweden and Canada).  

The report makes clear how the freedom of expression runs as a central theme through the legal framework, both forming the outer limit for possible regulation and a legal basis to create new regulation (e.g. protecting pluralism). The legal framework governing disinformation online is shown to be very broad, encompassing different levels of regulation, shifting depending on the context and already regulating many different types of disinformation. Further, oversight seems to be fragmented with many different supervisory authorities involved but limited cooperation. Based on this analysis, the report offers several recommendations, such as on the use of disinformation not as a legal term but a policy term, on negotiating the tensions on the different policy levels, on the regulation of internet intermediaries including transparency obligations and on increased cooperation between the relevant supervisory authorities. 

Previously, the interim report focussing on political advertising was published in late 2019. Both these studies have been carried out in the context of the research initiative on the Digital Transition of Decision-Making at the Faculty of Law of the University of Amsterdam, focussing on questions related to AI and public values, data governance and online platforms.},

note = {A report for the Ministry of the Interior and Kingdom Relations, Amsterdam, December 2019},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{Helberger2020c,

title = {Statement Prof. Dr. Natali Helberger bij Rondetafelgesprek over de Corona-app in de Tweede Kamer op 22 April 2020},

author = {Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/Statement_Covid_App_Expertsronde_TK.pdf

https://www.tweedekamer.nl/debat_en_vergadering/commissievergaderingen/details?id=2020A01700},

year  = {2020},

date = {2020-04-22},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bernstein2020,

title = {Diversity, Fairness, and Data-Driven Personalization in (News) Recommender System},

author = {Bernstein, A. and Vreese, C.H. de and Helberger, N. and Schulz, W. and Zweig, K.A.},

url = {https://www.ivir.nl/publicaties/download/dagrep_v009_i011_p117_19482.pdf},

doi = {10.4230/DagRep.9.11.117},

year  = {2020},

date = {2020-04-02},

journal = {Dagstuhl Reports},

volume = {9},

number = {11},

pages = {117-124},

abstract = {As people increasingly rely on online media and recommender systems to consume information,

engage in debates and form their political opinions, the design goals of online media and news

recommenders have wide implications for the political and social processes that take place online

and offline. Current recommender systems have been observed to promote personalization and

more effective forms of informing, but also to narrow the user’s exposure to diverse content.

Concerns about echo-chambers and filter bubbles highlight the importance of design metrics that

can successfully strike a balance between accurate recommendations that respond to individual

information needs and preferences, while at the same time addressing concerns about missing out

important information, context and the broader cultural and political diversity in the news, as

well as fairness. A broader, more sophisticated vision of the future of personalized recommenders

needs to be formed\textendasha vision that can only be developed as the result of a collaborative effort by

different areas of academic research (media studies, computer science, law and legal philosophy,

communication science, political philosophy, and democratic theory). The proposed workshop

will set first steps to develop such a much needed vision on the role of recommender systems

on the democratic role of the media and define the guidelines as well as a manifesto for future

research and long-term goals for the emerging topic of fairness, diversity, and personalization in

recommender systems.},

note = {Report from Dagstuhl Perspectives Workshop 19482},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2020b,

title = {Four tales of sci-fi and information law},

author = {Helberger, N. and Poort, J. and Makhortykh, M.},

url = {https://policyreview.info/node/1457/pdf},

doi = {10.14763/2020.1.1457},

year  = {2020},

date = {2020-03-30},

journal = {Internet Policy Review},

volume = {9},

number = {1},

abstract = {Feel like living in a dystopia? Take a deep breath, get a strong coffee, and let us challenge your ideas of where reality ends, and sci-fi begins…},

note = {Editorial},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{Helberger2020,

title = {Implications of AI-driven tools in the media for freedom of expression},

author = {Helberger, N. and Eskens, S. and Drunen, M. van and Bastian, M. and M\"{o}ller, J.},

url = {https://www.ivir.nl/publicaties/download/AI-and-Freedom-of-Expression.pdf},

year  = {2020},

date = {2020-03-05},

publisher = {Council of Europe, September 2019},

abstract = {Background Paper to the Ministerial Conference "Artificial Intelligence - Intelligent Politics: Challenges and opportunities for media and democracy, Cyprus, 28-29 May 2020."},

note = {Council of Europe, September 2019},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@techreport{vanHoboken2019c,

title = {De verspreiding van desinformatie via internetdiensten en de regulering van politieke advertenties},

author = {van Hoboken, J. and Appelman, N. and Fahy, R. and Leerssen, P. and McGonagle, T. and van Eijk, N. and Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/verspreiding_desinformatie_internetdiensten_tussenrapportage.pdf},

year  = {2019},

date = {2019-10-31},

abstract = {Rapport in opdracht van het Ministerie van Binnenlandse Zaken en Koninkrijksrelaties, bijlage bij Kamerstuk 2019-2020, 30821, nr. 91, Tweede Kamer.},

note = {Tussenrapportage oktober 2019},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{Leerssen2019b,

title = { Platform ad archives: promises and pitfalls},

author = {Leerssen, P. and Ausloos, J. and Zarouali, B. and Helberger, N. and Vreese, C.H. de},

url = {https://policyreview.info/articles/analysis/platform-ad-archives-promises-and-pitfalls},

doi = {10.14763/2019.4.1421},

year  = {2019},

date = {2019-10-10},

journal = {Internet Policy Review},

volume = {8},

number = {4},

abstract = {This paper discusses the new phenomenon of platform ad archives. Over the past year, leading social media platforms have installed publicly accessible databases documenting their political advertisements, and several countries have moved to regulate them. If designed and implemented properly, ad archives can correct for structural informational asymmetries in the online advertising industry, and thereby improve accountability through litigation and through publicity. However, present implementations leave much to be desired. We discuss key criticisms, suggest several improvements and identify areas for future research and debate.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Drunen2019,

title = {Know you algorithm: what media organizations need to explain to their users about news personalization},

author = {Drunen, M. van and Helberger, N. and Bastian, M.},

url = {https://academic.oup.com/idpl/advance-article/doi/10.1093/idpl/ipz011/5544759},

doi = {10.1093/idpl/ipz011},

year  = {2019},

date = {2019-10-01},

journal = {International Data Privacy Law},

volume = {2019},

abstract = {Key Points:

- If the right to an explanation is expected to effectively safeguard users’ rights, it must be interpreted in a manner that takes the contextual risks algorithms pose to those rights into account.

- This article provides a framework of transparency instruments in the context of the news personalization algorithms employed by both traditional media organizations and social media companies.

- Explaining the impact on a user’s news diet and the role of editorial values in the algorithm is especially important in this context.

- Conversely, explanations of individual decisions and counterfactual explanations face specific practical and normative barriers that limit their utility.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{M\"{o}ller2019b,

title = {Filter bubbles in the Netherlands},

author = {M\"{o}ller, J. and Helberger, N. and Makhortykh, M.},

url = {https://www.ivir.nl/publicaties/download/Filter-bubbles-in-the-Netherlands.pdf},

year  = {2019},

date = {2019-06-28},

urldate = {2019-06-28},

abstract = {The introduction of algorithmic filtering and artificial intel­ligence in news dissemination has fundamentally changed the way news is consumed and distributed. While there is a clear benefit to the user, by making relevant stories accessi­ble and therefore providing a way forward to manage the information overload, many have expressed concerns that it also leads to atomized societies where citizens are locked in filter bubbles. In this report we set out to answer the ques­tion: Do filter bubbles exist in the Netherlands?},

note = {Report commissioned by the Dutch Media Authority (Commissariaat voor de Media)},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@techreport{Oudeman2019,

title = {Samen voor het publiek belang. Evaluatierapport NPO 2013 t/m 2017},

author = {Oudeman, M. and Albrecht, Y. and Bockxmeer, H. van and Dibbits, T. and Helberger, N. and Kasem, I. and Vanseveren, W. and Vermeir, L.},

url = {https://www.ivir.nl/publicaties/download/evaluatie_rapport-visitatiecommissie_npo.pdf},

year  = {2019},

date = {2019-06-28},

abstract = {In september 2018 is, in opdracht van de raad van toezicht, de evaluatiecommissie Nederlandse Publieke Omroep gestart met haar evaluatie van de prestaties van de NPO in de periode 2013 t/m 2017, inclusief de beantwoording van de vraag naar de slagvaardigheid van de NPO. De evaluatieperiode beslaat dus een periode v\'{o}\'{o}r de wetswijziging van 2016 en een periode erna, waarin sprake was van aangescherpte rollen en bevoegdheden voor de raad van bestuur en de raad van toezicht van de NPO. Dit rapport is de weerslag van onze bevindingen. Daarnaast heeft de commissie een aantal aanbevelingen toegevoegd waarmee zij een bijdrage hoopt te leveren aan de NPO in de toekomst. },

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{Helberger2019b,

title = {On the Democratic Role of News Recommenders},

author = {Helberger, N.},

url = {https://www.tandfonline.com/doi/full/10.1080/21670811.2019.1623700},

doi = {10.1080/21670811.2019.1623700},

year  = {2019},

date = {2019-06-28},

urldate = {2019-06-28},

journal = {Digital Journalism},

volume = {7},

number = {8},

pages = {993-1012},

abstract = {Are algorithmic news recommenders a threat to the democratic role of the media? Or are they an opportunity, and, if so, how would news recommenders need to be designed to advance values and goals that we consider essential in a democratic society? These are central questions in the ongoing academic and policy debate about the likely implications of data analytics and machine learning for the democratic role of the media and the shift from traditional mass-media modes of distribution towards more personalised news and platforms Building on democratic theory and the growing body of literature about the digital turn in journalism, this article offers a conceptual framework for assessing the threats and opportunities around the democratic role of news recommenders, and develops a typology of different ‘democratic recommenders’.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2019,

title = {Germany proposes Europe's first diversity rules for social media platforms},

author = {Helberger, N. and Leerssen, P. and Drunen, M. van},

url = {https://blogs.lse.ac.uk/mediapolicyproject/2019/05/29/germany-proposes-europes-first-diversity-rules-for-social-media-platforms/},

year  = {2019},

date = {2019-06-06},

journal = {LSE Media Policy Project Blog},

volume = {2019},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{M\"{o}ller2019,

title = {Filterbubbels in Nederland},

author = {M\"{o}ller, J. and Helberger, N. and Makhortykh, M.},

url = {https://www.ivir.nl/publicaties/download/Filterbubbels-in-Nederland.pdf},

year  = {2019},

date = {2019-05-20},

abstract = {The introduction of algorithmic filtering and artificial intel­ligence in news dissemination has fundamentally changed the way news is consumed and distributed. While there is a clear benefit to the user, by making relevant stories accessi­ble and therefore providing a way forward to manage the information overload, many have expressed concerns that it also leads to atomized societies where citizens are locked in filter bubbles. In this report we set out to answer the ques­tion: Do filter bubbles exist in the Netherlands?},

note = {Rapport in opdracht van het Commissariaat voor de Media.},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{Bod\'{o}2019,

title = {Interested in diversity: The role of user attitudes, algorithmic feedback loops, and policy in news personalization},

author = {Bod\'{o}, B. and Helberger, N. and Eskens, S. and M\"{o}ller, J.},

url = {https://www.tandfonline.com/doi/full/10.1080/21670811.2018.1521292},

doi = {10.1080/21670811.2018.1521292},

year  = {2019},

date = {2019-01-08},

journal = {Digital Journalism},

volume = {7},

number = {2},

pages = {206-229},

abstract = {Using survey evidence from the Netherlands, we explore the factors that influence news readers’ attitudes toward news personalization. We show that the value of personalization depends on commonly overlooked factors, such as concerns about a shared news sphere, and the diversity of recommendations. However, these expectations are not universal. Younger, less educated users are more exposed to personalized news and show little concern about diverse news recommendations. Quality news organizations that pursue reader loyalty and trust are incentivized to implement personalization algorithms that aim for diversity and high quality recommendations. However, some users are in danger of being left out of this positive feedback loop. We make specific policy suggestions regarding how to solve that issue.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Harambam2018b,

title = {Democratizing algorithmic news recommenders: how to materialize voice in a technologically saturated media ecosystem},

author = {Harambam, J. and Helberger, N. and van Hoboken, J.},

url = {http://rsta.royalsocietypublishing.org/content/roypta/376/2133/20180088.full.pdf

},

doi = {http://dx.doi.org/10.1098/rsta.2018.0088},

isbn = {1364\textendash503X},

year  = {2018},

date = {2018-11-23},

journal = {Philosophical Transactions of the Royal Society A},

volume = {376},

number = {2135},

pages = {1-21},

abstract = {The deployment of various forms of AI, most notably of machine learning algorithms, radically transforms many domains of social life. In this paper we focus on the news industry, where different algorithms are used to customize news offerings to increasingly specific audience preferences. While this personalization of news enables media organizations to be more receptive to their audience, it can be questioned whether current deployments of algorithmic news recommenders (ANR) live up to their emancipatory promise. Like in various other domains, people have little knowledge of what personal data is used and how such algorithmic curation comes about, let alone that they have any concrete ways to influence these data-driven processes. Instead of going down the intricate avenue of trying to make ANR more transparent, we explore in this article ways to give people more influence over the information news recommendation algorithms provide by thinking about and enabling possibilities to express voice. After differentiating four ideal typical modalities of expressing voice (alternation, awareness, adjustment and obfuscation) which are illustrated with currently existing empirical examples, we present and argue for algorithmic recommender personae as a way for people to take more control over the algorithms that curate people's news provision.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Thurman2018,

title = {My Friends, Editors, Algorithms, and I: Examining audience attitudes to news selection},

author = {Thurman, N. and M\"{o}ller, J. and Helberger, N. and Trilling, D.},

url = {https://doi.org/10.1080/21670811.2018.1493936},

year  = {2018},

date = {2018-10-19},

journal = {Digital Journalism},

volume = {2018},

abstract = {Prompted by the ongoing development of content personalization by social networks and mainstream news brands, and recent debates about balancing algorithmic and editorial selection, this study explores what audiences think about news selection mechanisms and why. Analysing data from a 26-country survey (N = 53,314), we report the extent to which audiences believe story selection by editors and story selection by algorithms are good ways to get news online and, using multi-level models, explore the relationships that exist between individuals’ characteristics and those beliefs. The results show that, collectively, audiences believe algorithmic selection guided by a user’s past consumption behaviour is a better way to get news than editorial curation. There are, however, significant variations in these beliefs at the individual level. Age, trust in news, concerns about privacy, mobile news access, paying for news, and six other variables had effects. Our results are partly in line with current general theory on algorithmic appreciation, but diverge in our findings on the relative appreciation of algorithms and experts, and in how the appreciation of algorithms can differ according to the data that drive them. We believe this divergence is partly due to our study’s focus on news, showing algorithmic appreciation has context-specific characteristics.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{Araujo2018,

title = {Automated Decision-Making Fairness in an AI-driven World: Public Perceptions, Hopes and Concerns},

author = {Araujo, T. and Vreese, C.H. de and Helberger, N. and Kruikemeier, S. and Weert, J. van, and Bol, N. and Oberski, D. and Pechenizkiy, M. and Schaap, G. and Taylor, L.},

url = {https://www.ivir.nl/publicaties/download/Automated_Decision_Making_Fairness.pdf},

year  = {2018},

date = {2018-10-05},

abstract = {Ongoing advances in artificial intelligence (AI) are increasingly part of scientific efforts as well as the public debate and the media agenda, raising hopes and concerns about the impact of automated decision making across different sectors of our society. This topic is receiving increasing attention at both national and cross- national levels.

The present report contributes to informing this public debate, providing the results of a survey with 958 participants recruited from high-quality sample of the Dutch population. It provides an overview of public knowledge, perceptions, hopes and concerns about the adoption of AI and ADM across different societal sectors in the Netherlands.

This report is part of a research collaboration between the Universities of Amsterdam, Tilburg, Radboud, Utrecht and Eindhoven (TU/e) on automated decision making, and forms input to the groups’ research on fairness in automated decision making.},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@inbook{Helberger2018b,

title = {Challenging Diversity - Social Media Platforms and a New Conception of Media Diversity},

author = {Helberger, N.},

isbn = {9780190845117},

year  = {2018},

date = {2018-08-23},

pages = {153-175},

publisher = {Oxford University Press},

chapter = {6},

note = {Chapter in: Digital Dominance: The Power of Google, Amazon, Facebook, and Apple, ed. M. Moore \& D. Tambini, New York: Oxford University Press, 2018.},

keywords = {},

pubstate = {published},

tppubtype = {inbook}

}

@techreport{M\"{o}ller2018b,

title = {Beyond the filter bubble: concepts, myths, evidence and issues for future debates},

author = {M\"{o}ller, J. and Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/Beyond_the_filter_bubble__concepts_myths_evidence_and_issues_for_future_debates.pdf},

year  = {2018},

date = {2018-07-05},

abstract = {In recent years, we have been witnessing a fundamental shift in the form how news and current affairs are disseminated and mediated. Due to the exponential increase in available content online and technological development in the field of recommendation systems, more and more citizens are informing themselves through customized and curated sources, while turning away from mass-mediated information sources like TV news and newspapers. Algorithmic recommendation systems provide news users with tools to navigate the information overload and identify important and relevant information. They do so by performing a task that was once a key part of the journalistic profession: keeping the gates. In a way, news recommendation algorithm can create highly individualized gates, through which only information and news fit that serves the user best. In theory, this is a great achievement that can make news exposure more efficient and interesting. In practice, there are many pitfalls when the power to select what we hear from the news shifts from professional editorial boards that select the news according to professional standards to opaque algorithms who are reigned by their own logic, the logic of advertisers or consumes personal preferences.},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{Sax2018,

title = {Health as a Means Towards Profitable Ends: mHealth Apps, User Autonomy, and Unfair Commercial Practices},

author = {Sax, M. and Helberger, N. and Bol, N.},

url = {https://link.springer.com/article/10.1007/s10603-018-9374-3},

doi = {10.1007/s10603-018-9374-3},

issn = {0168-7034},

year  = {2018},

date = {2018-05-22},

journal = {Journal of Consumer Policy},

volume = {41},

number = {2},

pages = {103-134},

abstract = {In this article, we discuss mHealth apps and their potential to influence the user’s behaviour in increasingly persuasive ways. More specifically, we call attention to the fact that mHealth apps often seek to not only influence the health behaviour of users but also their economic behaviour by merging health and commercial content in ways that are hard to detect. We argue that (1) such merging of health and commercial content raises specific questions concerning the autonomy of mHealth app users, and (2) consumer law offers a promising legal lens to address questions concerning user protection in this context. Based on an empirically informed ethical analysis of autonomy, we develop a fine-grained framework that incorporates three different requirements for autonomy that we call “independence,” “authenticity,” and “options.” This framework also differentiates between three different stages of mHealth app use, namely installing, starting to use, and continuing to use an app. As a result, user autonomy can be analysed in a nuanced and precise manner. Since the concept of autonomy plays a prominent, yet poorly understood role in unfair commercial practice law, we utilize the ethical analysis of autonomy to guide our legal analysis of the proper application of unfair commercial practice law in the mHealth app domain.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bol2018,

title = {Differences in mobile health app use: A source of new digital inequalities?},

author = {Bol, N. and Helberger, N. and Weert, J.C.M.},

url = {https://www.tandfonline.com/doi/full/10.1080/01972243.2018.1438550},

year  = {2018},

date = {2018-05-01},

journal = {The Information Society},

volume = {2018},

number = {3},

abstract = {This article provides a more differentiated understanding of mobile health consumers, and considers whether health app use may contribute to new digital inequalities. It focuses on factors associated with mobile health app use, and identifies which factors explain the use of different types of health apps. Data from a large representative sample of the Dutch population (N = 1,079) show that mobile health app users were generally younger, higher educated, and had higher levels of e-health literacy skills than non-users. Interestingly, different usage patterns were found for specific types of health apps. Theory and policy implications are discussed.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{M\"{o}ller2018,

title = {Do not blame it on the algorithm: an empirical assessment of multiple recommender systems and their impact on content diversity},

author = {M\"{o}ller, J. and Trilling, D. and Helberger, N. and Es, B. van},

url = {https://www.ivir.nl/publicaties/download/ICS_2018.pdf},

doi = {https://doi.org/10.1080/1369118X.2018.1444076},

year  = {2018},

date = {2018-03-08},

journal = {Information, Communication \& Society},

abstract = {In the debate about filter bubbles caused by algorithmic news recommendation, the conceptualization of the two core concepts in this debate, diversity and algorithms, has received little attention in social scientific research. This paper examines the effect of multiple recommender systems on different diversity dimensions. To this end, it maps different values that diversity can serve, and a respective set of criteria that characterizes a diverse information offer in this particular conception of diversity. We make use of a data set of simulated article recommendations based on actual content of one of the major Dutch broadsheet newspapers and its users (N=21,973 articles, N=500 users). We find that all of the recommendation logics under study proved to lead to a rather diverse set of recommendations that are on par with human editors and that basing recommendations on user histories can substantially increase topic diversity within a recommendation set.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2018,

title = {Political micro-targeting: a Manchurian candidate or just a dark horse?},

author = {Bod\'{o}, B. and Helberger, N. and Vreese, C.H. de},

url = {https://policyreview.info/articles/analysis/political-micro-targeting-manchurian-candidate-or-just-dark-horse},

year  = {2018},

date = {2018-01-19},

journal = {Internet Policy Review},

volume = {2017},

number = {4},

abstract = {Political micro-targeting (PMT) has become a popular topic both in academia and in the public discussions after the surprise results of the 2016 US presidential election, the UK vote on leaving the European Union, and a number of general elections in Europe in 2017. Yet, we still know little about whether PMT is a tool with such destructive potential that it requires close societal control, or if it’s “just” a new phenomenon with currently unknown capacities, but which can ultimately be incorporated into our political processes.   In this article we identify the points where we think we need to further develop our analytical capacities around PMT. We argue that we need to decouple research from the US context, and through more non-US and comparative research we need to develop a better understanding of the macro, meso, and micro level factors that affect the adoption and success of PMTs across different countries. One of the most under-researched macro-level factors is law. We argue that PMT research must develop a better understanding of law, especially in Europe, where the regulatory frameworks around platforms, personal data, political and commercial speech do shape the use and effectiveness of PMT. We point out that the incorporation of such new factors calls for the sophistication of research designs, which currently rely too much on qualitative methods, and use too little of the data that exists on PMT. And finally, we call for distancing PMT research from the hype surrounding the new PMT capabilities, and the moral panics that quickly develop around its uses.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Dobber2018,

title = {Two crates of beer and 40 pizzas: the adoption of innovative political behavioural targeting techniques},

author = {Dobber, T. and Trilling, D. and Helberger, N. and Vreese, C.H. de},

url = {https://policyreview.info/articles/analysis/two-crates-beer-and-40-pizzas-adoption-innovative-political-behavioural-targeting},

year  = {2018},

date = {2018-01-19},

journal = {Internet Policy Review},

volume = {2017},

number = {4},

abstract = {Political campaigns increasingly use data to (micro)target voters with tailored messages. In doing so, campaigns raise concerns about privacy and the quality of the public discourse. Extending existing research to a European context, we propose and test a model for understanding how different contextual factors hinder or facilitate data-driven capabilities of campaigns. We applied the model during the 2017 national election campaign in the Netherlands. The results show how data-driven targeting techniques are not only useful in a first-past-the-post system, but also in a proportional representation system, which at first sight seems to be less suitable for such techniques.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2018,

title = {Governing online platforms: From contested to cooperative responsibility},

author = {Helberger, N. and Pierson, J. and Poell, T.},

url = {https://www.ivir.nl/publicaties/download/The_Information_Society_2017.pdf},

doi = {https://doi.org/10.1080/01972243.2017.1391913},

year  = {2018},

date = {2018-01-16},

journal = {The Information Society},

volume = {2017},

abstract = {Online platforms, from Facebook to Twitter, and from Coursera to Uber, have become deeply involved in a wide range of public activities, including journalism, civic engagement, education, and transport. As such, they have started to play a vital role in the realization of important public values and policy objectives associated with these activities. Based on insights from theories about risk sharing and the problem of many hands, this article develops a conceptual framework for the governance of the public role of platforms, and elaborates on the concept of cooperative responsibility for the realization of critical public policy objectives in Europe. It argues that the realization of public values in platform-based public activities cannot be adequately achieved by allocating responsibility to one central actor (as is currently common practice), but should be the result of dynamic interaction between platforms, users, and public institutions.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Eskens2017,

title = {Challenged by news personalisation: five perspectives on the right to receive information},

author = {Eskens, S. and Helberger, N. and M\"{o}ller, J.},

url = {http://dx.doi.org/10.1080/17577632.2017.1387353},

year  = {2017},

date = {2017-11-07},

journal = {Journal of Media Law},

volume = {9},

number = {2},

pages = {259-284},

abstract = {This research asks what the right to receive information means for personalised news consumers and the obligations this rights imposes on states. We develop a framework to understand the right to receive information, starting from case law of the European Court of Human Rights. On this basis, we identify five perspectives on the right to receive information: political debate, truth finding, social cohesion, avoidance of censorship and self-development. We evaluate how these five perspectives inform a legal and policy analysis of news personalisation. },

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Borgesius2017b,

title = {Tracking walls, take-it-or-leave-it choices, the GDPR, and the ePrivacy regulation},

author = {Zuiderveen Borgesius, F. and Kruikemeier, S. and Boerman, S.C. and Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/EDPL_2017_03.pdf},

doi = {https://doi.org/10.21552/edpl/2017/3/9},

year  = {2017},

date = {2017-10-19},

journal = {European Data Protection Law Review},

volume = {2017},

number = {3},

pages = {353-368},

abstract = {On the internet, we encounter take-it-or-leave-it choices regarding our privacy on a daily basis. In Europe, online tracking for targeted advertising generally requires the internet users’ consent to be lawful. Some websites use a tracking wall, a barrier that visitors can only pass if they consent to tracking by third parties. When confronted with such a tracking wall, many people click ‘I agree’ to tracking. A survey that we conducted shows that most people find tracking walls unfair and unacceptable. We analyse under which conditions the ePrivacy Directive and the General Data Protection Regulation allow tracking walls. We provide a list of circumstances to assess when a tracking wall makes consent invalid. We also explore how the EU lawmaker could regulate tracking walls, for instance in the ePrivacy Regulation. It should be seriously considered to ban tracking walls, at least in certain circumstances.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2017b,

title = {The perfect match? A closer look at the relationship between EU consumer law and data protection law},

author = {Helberger, N. and Zuiderveen Borgesius, F. and Reyna, A. },

url = {https://www.ivir.nl/publicaties/download/CMLR_2017_5.pdf},

year  = {2017},

date = {2017-10-06},

journal = {Common Market Law Review},

volume = {2017},

number = {5},

pages = {1427-1466},

abstract = {In modern markets, many companies offer so-called “free” services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on “data consumer law”.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Bod\'{o}2017,

title = {Tackling the Alggorithmic Control Crisis - the Technical, Legal, and Ethical Challenges of Research into Algorithmic Agents},

author = {Bod\'{o}, B. and Helberger, N. and Irion, K. and Zuiderveen Borgesius, F. and M\"{o}ller, J. and Velde, B. van de and Bol, N. and Es, B. van and Vreese, C.H. de},

url = {https://www.ivir.nl/publicaties/download/YJLT_2017.pdf},

year  = {2017},

date = {2017-06-07},

journal = {Yale Journal of Law \& Technology},

volume = {19},

pages = {133-180},

abstract = {Algorithmic agents permeate every instant of our online existence. Based on our digital profiles built from the massive surveillance of our digital existence, algorithmic agents rank search results, filter our emails, hide and show news items on social networks feeds, try to guess what products we might buy next for ourselves and for others, what movies we want to watch, and when we might be pregnant. Algorithmic agents select, filter, and recommend products, information, and people; they increasingly customize our physical environments, including the temperature and the mood. Increasingly, algorithmic agents don’t just select from the range of human created alternatives, but also they create. Burgeoning algorithmic agents are capable of providing us with content made just for us, and engage with us through one-of-a-kind, personalized interactions. Studying these algorithmic agents presents a host of methodological, ethical, and logistical challenges.

The objectives of our paper are two-fold. The first aim is to describe one possible approach to researching the individual and societal effects of algorithmic recommenders, and to share our experiences with the academic community. The second is to contribute to a more fundamental discussion about the ethical and legal issues of “tracking the trackers”, as well as the costs and trade-offs involved. Our paper will contribute to the discussion on the relative merits, costs and benefits of different approaches to ethically and legally sound research on algorithmic governance. We will argue that besides shedding light on how users interact with algorithmic agents, we also need to be able to understand how different methods of monitoring our algorithmically controlled digital environments compare to each other in terms of costs and benefits. We conclude our article with a number of concrete suggestions for how to address the practical, ethical and legal

challenges of researching algorithms and their effects on users and society.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Irion2017b,

title = {The Weeping Angels are back, and they attack our privacy via smart TVs},

author = {Irion, K. and Helberger, N.},

url = {https://policyreview.info/articles/news/weeping-angels-are-back-and-they-attack-our-privacy-smart-tvs/451},

year  = {2017},

date = {2017-03-10},

note = {Blogpost at Internet Policy Review: Journal of internet regulation},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Helberger2017,

title = {Exposure diversity as a design principle for recommender systems},

author = {Helberger, N. and Karppinen, K. and D'Acunto, L.},

url = {https://www.ivir.nl/publicaties/download/ICS_2016.pdf},

doi = {10.1080/1369118X.2016.1271900},

year  = {2017},

date = {2017-01-19},

journal = {Information, Communication and Society},

volume = {2018},

number = {2},

abstract = {Personalized recommendations in search engines, social media and also in more traditional media increasingly raise concerns over potentially negative consequences for diversity and the quality of public discourse. The algorithmic filtering and adaption of online content to personal preferences and interests is often associated with a decrease in the diversity of information to which users are exposed. Notwithstanding the question of whether these claims

are correct or not, this article discusses whether and how recommendations can also be designed to stimulate more diverse exposure to information and to break potential ‘filter bubbles’ rather than create them. Combining insights from democratic theory, computer science and law, the article makes suggestions for design principles and explores the potential and possible limits of ‘diversity sensitive design’.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Irion2017,

title = {Smart TV and the online media sector: User privacy in view of changing market realities},

author = {Irion, K. and Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/Smart-TV-and-the-Online-media-sector-prepub.pdf},

doi = {http://dx.doi.org/10.1016/j.telpol.2016.12.013},

year  = {2017},

date = {2017-01-03},

journal = {Telecommunications Policy},

volume = {41},

number = {3},

pages = {170-184},

abstract = {Smart TV and online media enable precise monitoring of online media consumption, which also forms the basis for personalised recommendations. This new practice challenges EU policy in two respects. Firstly, the legality of monitoring individual media consumption and using personal data of users is primarily addressed under data protection law. Secondly, tracking of viewing behaviour and personalisation of media content can also affect individuals’ freedom to receive information, as well as the realisation of media policy objectives such as media freedom and pluralism, implications that so far are not reflected in media law and policy, or only marginally. This article addresses the increasing reliance on personal data and personalised services in the audiovisual and online media sector and queries the appropriateness of the legal status quo in light of implementation and enforcement actions in Germany and the Netherlands. The analysis concludes with a call for media policy makers and regulators to pay more attention to the issue of ‘smart surveillance’ of media users, and develops a number of concrete recommendations on how to accommodate the specific privacy concerns of media users.},

note = {See also: http://www.sciencedirect.com/science/article/pii/S0308596116302865},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Borgesius2016b,

title = {Algoritmische verzuiling en filter bubbles: een bedreiging voor de democratie?},

author = {Zuiderveen Borgesius, F. and Trilling, D. and M\"{o}ller, J. and Eskens, S. and Bod\'{o}, B. and Vreese, C.H. de and Helberger, N.},

url = {https://www.ivir.nl/publicaties/download/Computerrecht_2016_5.pdf},

year  = {2016},

date = {2016-10-03},

journal = {Computerrecht},

volume = {2016},

number = {5},

pages = {255-262},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{Moeller2016,

title = {Shrinking core? Exploring the differential agenda setting power of traditional and personalized news},

author = {M\"{o}ller, J. and Helberger, N. and Trilling, D. and Irion, K. and Vreese, C.H. de},

url = {http://www.emeraldinsight.com/doi/pdfplus/10.1108/info-05-2016-0020},

doi = {http://dx.doi.org/10.1108/info-05-2016-0020},

year  = {2016},

date = {2016-09-27},

journal = {info},

volume = {18},

number = {6},

pages = {26-41},

abstract = {A shared issue agenda provides democracies with a set of topics that structure the

public debate. The advent of personalized news media that use smart algorithms to tailor the

news offer to the user challenges the established way of setting the agenda of such a common

core of issues. This paper tests the effects of personalized news use on perceived importance

of these issues in the common core. In particular we study whether personalized news use

leads to a concentration at the top of the issue agenda or to a more diverse issue agenda with

a long tail of topics. Based on a cross-sectional survey of a representative population sample

(N=1556), we find that personalized news use does not lead to a small common core in which

few topics are discussed extensively, yet there is a relationship between personalized news

use and a preference for less discussed topics. This is a result of a specific user profile of

personalized news users: younger, more educated news users are more interested in topics at

the fringes of the common core and also make more use of personalized news offers. The

results are discussed in the light of media diversity and recent advances in public sphere

research.},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@online{Helberger2016,

title = {Facebook is a new breed of editor: a social editor},

author = {Helberger, N.},

url = {http://blogs.lse.ac.uk/mediapolicyproject/2016/09/15/facebook-is-a-new-breed-of-editor-a-social-editor/},

year  = {2016},

date = {2016-09-16},

abstract = {Facebook’s approach to allowing, censoring or prioritising content that appears in the news feed has recently been the focus of much attention, both media and governmental. Professor Natali Helberger of the Institute for Information Law at the University of Amsterdam argues that we need to seek to understand the new kind of editorial role that Facebook is playing, in order to know how to tackle the questions it raises.},

keywords = {},

pubstate = {published},

tppubtype = {online}

}

@misc{,

title = {Facebook is a news editor: the real issues to be concerned about},

author = {D.  Trilling and N.  Helberger},

url = {http://blogs.lse.ac.uk/mediapolicyproject/2016/05/26/facebook-is-a-news-editor-the-real-issues-to-be-concerned-about/},

year  = {2016},

date = {2016-05-26},

abstract = {

	Facebook\'s use of human editors may bring comfort to some, but there are wider issues to do with editorial responsibility that need to be addressed.

},

note = {

	LSE blog, 26 May 2016.

},

keywords = {},

pubstate = {published},

tppubtype = {misc}

}

@article{Borgesius2016,

title = {Should we worry about filter bubbles?},

author = {Zuiderveen Borgesius, F. and Trilling, D. and Moller, J. and Bod\'{o}, B. and Vreese, C.H. de and Helberger, N.},

url = {http://policyreview.info/node/401/pdf},

doi = {10.14763/2016.1.401},

year  = {2016},

date = {2016-04-01},

journal = {Internet Policy Review},

volume = {5},

number = {1},

abstract = {

	Some fear that personalised communication can lead to information cocoons or filter bubbles. For instance, a personalised news website could give more prominence to conservative or liberal media items, based on the (assumed) political interests of the user. As a result, users may encounter only a limited range of political ideas. We synthesise empirical research on the extent and effects of self-selected personalisation, where people actively choose which content they receive, and pre-selected personalisation, where algorithms personalise content for users without any deliberate user choice. We conclude that at present there is little empirical evidence that warrants any worries about filter bubbles.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@misc{,

title = {Profiling and targeting in the Internet of Things - A new challenge for consumer protection},

author = {Helberger, N.},

url = {http://www.ivir.nl/publicaties/download/1747.pdf},

year  = {2016},

date = {2016-03-31},

note = {

	In: \<em\>Digital Revolution: Challenges for Contract Law in Practice\</em\>, R. Schulze \& D. Staudenmayer (eds.), Baden Baden: Nomos, p. 135-161.

},

keywords = {},

pubstate = {published},

tppubtype = {misc}

}

@misc{,

title = {Enkele reflecties op de Europese platform consultatie},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/1756.pdf},

year  = {2016},

date = {2016-01-05},

journal = {Mediaforum},

number = {1},

pages = {1.},

note = {

	Opinie.

},

keywords = {},

pubstate = {published},

tppubtype = {misc}

}

@article{,

title = {Regulating the new information intermediaries as gatekeepers of information diversity},

author = {K. Kleinen-von K\"{o}nigsl\"{o}w and Rob  van der Noll and N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/1618.pdf},

year  = {2015},

date = {2015-09-01},

journal = {Info},

number = {6},

pages = {50-71.},

note = {

	DOI: http://dx.doi.org/10.1108/info-05-2015-0034

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Merely Facilitating or Actively Stimulating Diverse Media Choices? Public Service Media at the Crossroad},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/1549.pdf},

year  = {2015},

date = {2015-05-07},

journal = {International Journal of Communication},

pages = {1324-1340},

abstract = {

	Personalized recommendations provide new opportunities to engage with audiences and influence media choices. Should the public-service media use such algorithmic profiling and targeting to guide audiences and stimulate more diverse choices? And if they do, is this a brave new world we would like to live in? This article outlines new opportunities for the public-service media to fulfill their commitment to media diversity and highlights some of the ethical and normative considerations that will play a role. The article concludes with a call for a new body of “algorithmic media ethics.”

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@periodical{,

title = {Nieuws \`{a} la carte},

author = {N.  Helberger},

url = {https://blendle.com/item/bnl-par-20150102-3827716/welcome},

year  = {2015},

date = {2015-01-13},

note = {

	Interview in Het Parool van 2 januari 2015 over veranderende positie van de social media gebruiker.

},

keywords = {},

pubstate = {published},

tppubtype = {periodical}

}

@misc{,

title = {'Personaliseren sites leidt tot manipulatie'},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/1448.pdf},

year  = {2014},

date = {2014-12-02},

journal = {Financieel Dagblad},

pages = {3-5.},

note = {

	Interview verschenen in het Financieel Dagblad van 29 november 2014.

},

keywords = {},

pubstate = {published},

tppubtype = {misc}

}

@book{,

title = {Media, users and algorithms: towards a new balance},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/1412.pdf},

year  = {2014},

date = {2014-10-10},

abstract = {

	In the digital media environment user attention is scarce and competition for \‘eyeballs\’ is fierce. Profiling and targeting users with customized news and advertisements is widely seen as a solution, and part of a larger trend to invest in what the New York Times has called \‘smart new strategies for growing our audience\’. The shift from public information intermediary to personal information service creates new dynamics but also new imbalances in the relationship between the media and their users. In my inaugural speech I will state that to restore the balance, the media and regulators in Brussels and The Hague need to develop a vision of how to deal with issues such as media user privacy, editorial integrity and more generally \‘fair algorithmic media practices\’."

},

note = {

	Rede uitgesproken bij de aanvaarding van het ambt van hoogleraar Informatierecht, in het bijzonder met betrekking tot het gebruik van informatie, aan de Faculteit der Rechtsgeleerdheid van de Universiteit van Amsterdam op vrijdag 19 september 2014.



	Zie ook: http://webcolleges.uva.nl/Mediasite/Play/d1f130de5ec444beb799dfa40a1d5d821d

},

keywords = {},

pubstate = {published},

tppubtype = {book}

}

@techreport{,

title = {Convergence, information intermediairies and media pluralism - mapping the legal, social and economic issues at hand: A quick scan},

author = {K. Kleinen-von K\"{o}nigsl\"{o}w and R.  van der Noll and N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Information_intermediaries_and_media_pluralism.pdf},

year  = {2014},

date = {2014-06-03},

pages = {48},

publisher = {Institute for Information Law},

address = {Amsterdam},

note = {

	20 January 2014.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@techreport{,

title = {Form matters: informing consumers effectively},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Form_matters.pdf},

year  = {2013},

date = {2013-11-07},

pages = {51},

abstract = {

	This study examines what lessons can be learned from behavioural research for the form in which consumer information is being presented. The argument that this study makes is that the form in which information is presented and the effective communication of such information is at least as important as its content, and that this is an aspect that is still generally neglected in information and consumer law. The study is particularly interested in the potential of digital technologies in making consumer information more effective, and new approaches to form requirements in  areas in which the importance of effective communication has already been acknowledged, such as in communications law. The study  concludes with concrete suggestions for the future design of transparency requirements in information law and policy.

},

note = {

	Study commissioned by BEUC, the European Consumer Organisation, September 2013.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@misc{,

title = {Freedom of expression and the Dutch cookie-wall},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Paper_Freedom_of_expression.pdf},

year  = {2013},

date = {2013-06-04},

pages = {1-22},

note = {

	Conference paper accepted at MIT 8 Public Media Private Media Conference, Boston, 3-5 May 2013.

},

keywords = {},

pubstate = {published},

tppubtype = {presentation}

}

@misc{,

title = {Verkauft ist verkauft: wiederholen ist gestohlen. Reflecties op de UsedSoft-uitspraak van het Europese Hof (UsedSoft / Oracle)},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Annotatie_TvCH_2013_2.pdf},

year  = {2013},

date = {2013-06-04},

journal = {Tijdschrift voor Consumentenrecht en handelspraktijken},

number = {2},

pages = {91-96},

note = {

	Annotatie bij Hof van Justitie 3 juli 2012.

},

keywords = {},

pubstate = {published},

tppubtype = {misc}

}

@book{,

title = {Digital Consumers and the Law: Towards a Cohesive European Framework},

author = {Loos, M.B.M. and Mak, C. and Pessers, L. and Guibault, L. and Helberger, N. and van der Sloot, B.},

url = {http://www.kluwerlaw.com/Catalogue/titleinfo.htm?wbc_purpose=Onfvp%25252525285S%3sZbqr%3sPngrtbelGvgyr?ProdID=9041140492},

isbn = {9789041140494},

year  = {2013},

date = {2013-01-31},

publisher = {Kluwer Law International},

address = {Alphen aan den Rijn},

series = {Information Law Series},

abstract = {

	This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law. Based on evidence of the actual experience and problems encountered by consumers in digital markets, the book offers a ground-breaking study of the main issues arising in relation to the application of general consumer and sector-specific law. An interdisciplinary team of researchers from the Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR), both University of Amsterdam, combine their expertise in general consumer and contract law, telecommunications law, media law, copyright law and privacy law in a joint effort to point the way to a truly cohesive European Framework for Digital Consumers and the Law. Topics in this book include the characteristics of digital content markets and how they relate to traditional consumer law; consumer concerns, reasonable expectations and how they are protected by law; the difficult question of the classification of digital content; legal questions triggered by prosumers and underage consumers; the feasibility and future of the information approach to consumer protection; the role of fundamental rights considerations, and the legal implications of an economy that uses personal data as the new currency. Digital Consumers and the Law is an important analysis for all those interested or involved in the regulation of digital content markets. With its comprehensive discussion of a wide range of fundamental as well as praxis-oriented questions, it is an essential read for academics, policy makers, members of the content industry as well as consumer representatives.

},

keywords = {},

pubstate = {published},

tppubtype = {book}

}

@techreport{,

title = {Making User Created News Work},

author = {Esmeijer, J. and Nieuwenhuis, O. and Mijs, C. and Versloot, C. and Helberger, N. and van der Sloot, B. and McGonagle, T.},

url = {http://www.ivir.nl/publicaties/download/Making_User_Created_News_Work.pdf},

year  = {2012},

date = {2012-12-27},

pages = {130},

note = {

	TNO-rapport, 2012 R11277.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{,

title = {Clash of cultures - integrating copyright and consumer law},

author = {N.  Helberger and L.  Guibault},

url = {http://www.ivir.nl/publicaties/download/info_2012_6.pdf},

year  = {2012},

date = {2012-11-01},

journal = {Info},

number = {6},

pages = {23-33},

abstract = {

	In digital content markets, access to and use of digital content products are largely subject to contractual agreements and licensing conditions between suppliers and consumers. The fact that consumers acquire digital content by way of contractual arrangements implies that their relationship with the suppliers of these products is governed by two sets of rules: consumer law and copyright law. Attempts to integrate copyright and consumer law and policy and to accommodate the interests of the consumer of copyright protected content soon encounter conceptual and political challenges. The question that this article examines is what the main conceptual differences between consumer and copyright law, and the resulting \‘\‘clash of cultures\’\’ are that need to be overcome before dealing successfully with copyright law related matters in consumer law.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Digital content contracts for consumers},

author = {Loos, M.B.M. and Mak, C. and Pessers, L. and Guibault, L. and Helberger, N.},

url = {http://www.ivir.nl/publicaties/download/Journal_of_Consumer_policy_2012.pdf},

year  = {2012},

date = {2012-09-13},

journal = {Journal of Consumer Policy},

number = {1},

pages = {37-57},

abstract = {

	The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as “goods” or “services” and, more importantly, the absence of general benchmarks to evaluate the conformity of digital content. Other problems, such as the limited usefulness of consumer information and the position of underage consumers, are not as such reserved to digital consumers, but they are amplified in the digital content markets. Moreover, particular attention is paid to the complex relationship between copyright law and consumer law. This paper explores the extent to which consumer (contract) law is fit to address the problems faced by digital consumers wishing to enjoy the benefits of digital content and examines whether the on-going initiatives at national and European level are likely to provide relief. Finally, recommendations for improvement are put forward in cases where the analysis shows that the problems identified are not or are insufficiently solved by these initiatives.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {(Fast)food for thoughts: de uitspraak van het Hof van Justitie in de Scarlet/Sabam-zaak},

author = {J.V.J.  van Hoboken and N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/NTER_2012_02.pdf},

year  = {2012},

date = {2012-03-13},

journal = {Nederlands tijdschrift voor Europees recht},

number = {2},

pages = {75-82},

abstract = {

	Met Scarlet/Sabam heeft het Hof van Justitie een belangrijke uitspraak gedaan over de juiste balans in de handhaving van intellectuele eigendomsrechten op internet en zorgplichten van ISPs. Meer concreet gaat het over het controversi\ële gebruik van internet monitoring en filters door ISPs voor het verkeer van hun klanten in de \'strijd tegen piraterij\'. De discussie rond de handhaving van auteursrechtschendingen op het internet en de betrokkenheid van ISPs is buitengewoon actueel, ook met het oog op een aantal recente ontwikkelingen in Europa, waaronder de aanvulling van delen uit de E-Commerce Richtlijn. Dit artikel plaatst de uitspraak in zijn grotere politieke context en biedt een aantal kritische reflecties.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {On the Regulator's Plate: Exposure Diversity in a Changing Media Environment},

author = {J.M.  Breemen and V.E.  Breemen and N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/JIP_2011_1.pdf},

year  = {2012},

date = {2012-03-06},

journal = {Journal of Information Policy},

number = {1},

pages = {370-377},

abstract = {

	In December 2010 a roundtable expert workshop was held at the Institute for Information Law under the title "Media Diversity from the User Perspective". The goal of the workshop was to develop a user-centric understanding of media diversity, and to reflect upon the adequate regulatory responses. It brought together selected experts from different disciplines (law, communications, social sciences, philosophy) who all share an interest in the audience perspective on diversity, and whose research has approached the subject from different angles. This article attempts to summarize some of the main arguments that were made during the discussions, the different views that were expressed by the experts, and the questions for which the experts felt that additional research was needed.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{,

title = {Digital content services for consumers: Comparative analysis of the applicable legal frameworks and suggestions for the contours of a model system of consumer protection in relation to digital content},

author = {Loos, M.B.M. and Mak, C. and Pessers, L. and Kadouch, A. and Baidoo, D. and Helberger, N. and Guibault, L. and van der Sloot, B.},

url = {http://www.ivir.nl/publicaties/download/Digital_content_services_for_consumers_1.pdf},

year  = {2012},

date = {2012-03-02},

pages = {432},

abstract = {

	The Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR) were commissioned by the European Commission to conduct a study on digital content services for consumers. This report contains the country reports of 9 Member States - Finland, France, Germany, Hungary, Italy, The Netherlands, Poland, Spain and the United Kingdom - and two legal systems from outside the EU, i.e. Norway and the United States. The country reports contain the responses of national experts to a questionnaire developed by the CSECL and the IViR.

},

note = {

	Report 1: Country reports, Centre for the Study of European Contract Law (CSECL) \& Institute for Information Law (IViR), 2012.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{,

title = {Diversity by Design},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/JIP_2011_1.pdf},

year  = {2012},

date = {2012-01-06},

journal = {Journal of Information Policy},

number = {1},

pages = {441-469},

abstract = {

	How do you get citizens/media consumers to voluntarily choose to expose themselves to diverse content? Is there a role for government in helping people make diverse choices? Professor Helberger addresses these questions by suggesting "diversity by design" as an antidote to the ironic fact that broadband media abundance actually makes it more difficult for users to choose diversely. She presents four conceptualizations of diversity policy: marketplace of ideas ("external diversity"); public sphere ("internal diversity"); personal autonomy ("individual choice"); and random exposure ("serendipity"), and suggets concrete design principles to guide regulators in implementing them. However, she notes, in the end it remains for the user to decide.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Caution! You are now exercising editorial control! Exploring initiatives to raise the quality of User Created News, and their legal side-effects},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/journalistica_2011_1.pdf},

year  = {2012},

date = {2012-01-06},

journal = {Journalistica},

number = {1},

pages = {65-92},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Standardizing consumer's expectations in digital content},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Info_2011_13.pdf},

year  = {2012},

date = {2012-01-06},

journal = {Info},

number = {13},

pages = {69-79},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {The beginnings of audiovisual consumer law - conceptual growing pains when integrating the consumer of audiovisual services into media and consumer law},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/SELJ_2011_3.pdf},

year  = {2012},

date = {2012-01-06},

journal = {Swedish European Law Journal},

number = {3},

pages = {520-541},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {The Regulation of Digital Content Contracts in the Optional Instrument of Contract Law},

author = {Loos, M.B.M. and Mak, C. and Guibault, L. and Helberger, N.},

url = {http://www.ivir.nl/publicaties/download/ERPL_2011_6.pdf},

year  = {2012},

date = {2012-01-04},

journal = {European Review of Private Law},

number = {6},

pages = {729-758},

abstract = {

	The past decade has shown a rapid development of the markets for digital content. The further development of these markets, however, may be hindered because of the lack of a functioning legal framework to deal with digital content contracts. In this article, it is argued that the future Optional Instrument should contain rules governing digital content contracts. Moreover, suggestions are made as to the content of such rules.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{,

title = {Analysis of the applicable legal frameworks and suggestions for the contours of a model system of consumer protection in relation to digital content contracts ( )},

author = {Loos, M.B.M. and Mak, C. and Pessers, L. and Cseres, K.J. and Tigner, R. and Helberger, N. and Guibault, L. and van der Sloot, B.},

url = {http://ec.europa.eu/justice/newsroom/consumer-marketing/events/digital_conf_en.htm},

year  = {2011},

date = {2011-11-23},

note = {

	Final report, comparative analysis, law \& economics analysis, assessment and development of recommendations for possible future rules on digital content contracts.



	Zie voor meer informatie ook de\<a href="http://ec.europa.eu/justice/newsroom/consumer-marketing/events/digital_conf_en.htm"\>\<span style="color:#b22222;"\> website\</span\>\</a\> van de Europese Commissie.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{,

title = {Diversity label: exploring the potential and limits of a transparency approach to media diversity},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/DIVERSITY%20LABEL%20EXPLORING%20THE%20POTENTIAL%20AND%20LIMITS%20OF%20A%20TRANSPARENCY%20APPROACH%20TO%20MEDIA%20DIVERSITY.pdf},

year  = {2011},

date = {2011-11-04},

journal = {Journal of Information Policy},

number = {1},

pages = {337-369},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Online tracking: questioning the power of informed consen},

author = {Kool, L. and Plas, A. van der and van Eijk, N. and van der Sloot, B. and Helberger, N.},

url = {http://www.ivir.nl/publicaties/download/Info_2012_5.pdf},

year  = {2011},

date = {2011-10-18},

journal = {Info},

number = {5},

pages = {57-73},

note = {

	The paper aims to report the main findings of a study for the Dutch Regulatory Authority for the Telecommunications sector OPTA to explore how the new European "cookie rules" in the ePrivacy Directive impact on behavioral advertising practices via the storing and reading of cookies. The paper identifies the main dilemmas with the implementation of the new European rules. The Dutch case provides a valuable reality check also outside The Netherlands. Even before the amendment of the directive, The Netherlands already had an opt-in system in place. From the Dutch experience important lessons can be learned also for other European countries.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{,

title = {A bite too big: Dilemma's bij de implementatie van de Cookiewet in Nederland},

author = {Kool, L. and Plas, A. van der and Helberger, N. and van der Sloot, B. and van Eijk, N.},

url = {http://www.ivir.nl/publicaties/download/A_bite_too_big.pdf},

year  = {2011},

date = {2011-03-17},

pages = {85},

abstract = {

	Door een aanscherping van de Europese e-Privacyrichtlijn is bij het plaatsen van cookies, die bijvoorbeeld worden gebruikt om het surfgedrag van internetgebruikers te volgen, vooraf toestemming van de gebruiker nodig (en die dient gebaseerd te zijn op een ge\"{i}nformeerde keuze). Deze aanscherping op Europees niveau (Nederland kent al een bepaling op grond waarvan cookies kunnen worden geweigerd) heeft geleid tot een brede discussie over de uitvoerbaarheid en de wijze van toezicht op de regelgeving omtrent cookies. Eind mei moet de richtlijn in nationale wetgeving zijn ge\"{i}mplementeerd. Een wetsvoorstel daartoe ligt nu bij de Tweede Kamer. Ter voorbereiding heeft OPTA aan TNO en IViR gevraagd te onderzoeken wat de nieuwe juridische situatie in de praktijk betekent.

},

note = {

	TNO-rapport nr. 35473, in opdracht van OPTA, 28 februari 2011. Zie ook het persbericht en de Management Summary (in het Engels). Zie ook de reactie van TNO/IViR aan de leden van de Commissie Economische Zaken, Landbouw en Innovatie, op de branchereactie van 18 maart 2011.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{,

title = {Little Brother Is Tagging You - Legal and Policy Implications of Amateur Data Controllers},

author = {J.V.J.  van Hoboken and N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/CRi_2010_4.pdf},

year  = {2011},

date = {2011-03-15},

journal = {Computer Law International (CRi)},

number = {4},

pages = {101-109.},

abstract = {

	This article argues that the instances in which amateur users will fall under the ambit of data protection law are not the exception, but rather the rule. Based on an analysis of the provisions of the European Data Protection Directive, the article demonstrates that existing data protection law burdens amateur users with provisions that exceed the personal, technical and financial capacities of most Social Network Sites (SNS) users, that do no fit the SNS context or that users are simply not able to comply with without assistance from the SNS provider. While it is unacceptable to burden amateurs with a number of obligations that exceed their capacities, it is also not feasible to place all the burdens on SNS providers, since many of the privacy problems of SNSs are in fact user-made. All this points to a concept of joint-responsibility of SNS users and providers. The article concludes with a number of concrete suggestions on how such a concept of joint responsibility could be given form.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {User Generated Diversity: Some Reflections on How to Improve the Quality of Amateur Productions},

author = {Leurdijk, A. and Munck, S. de and Helberger, N.},

url = {http://www.ivir.nl/publicaties/download/Communication\&Strategies_2010_77.pdf},

year  = {2010},

date = {2010-04-22},

journal = {Communications \& Strategies},

number = {77},

pages = {55-77},

abstract = {

	The potential of user created content to make a meaningful contribution to media diversity is subject to debates. Central to these debates is the argument of the quality of amateur productions. This article will take a close look at this argument, and make some suggestions on how to improve the quality and utility of amateur productions with regard to the democratic functions of media.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{,

title = {User-Created-Content: Supporting a participative Information Society, Final Report},

author = {Swart, E. and Helberger, N. and Guibault, L. and van Hoboken, J. and van Eijk, N. and Angelopoulos, C.},

url = {http://www.ivir.nl/publicaties/download/User_created_content.pdf},

year  = {2009},

date = {2009-10-28},

pages = {302},

note = {

	Studie in opdracht van de Europese Commissie, uitgevoerd door IDATE, TNO en IViR.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@book{,

title = {Harmonizing European Copyright Law: The Challenges of Better Lawmaking},

author = {S.J.  van Gompel and M.M.M.  van Eechoud and L.  Guibault and N.  Helberger and P.B.  Hugenholtz},

url = {http://www.ivir.nl/publicaties/download/710.pdf},

isbn = {9789041131300},

year  = {2009},

date = {2009-10-13},

publisher = {Kluwer Law International },

address = {Alphen aan den Rijn},

series = {Information Law Series},

abstract = {

	Nobody likes today\’s copyright law. Widespread unauthorized use of copyright material proliferates with impunity, while citizens and users protest that intrusive copyright and related rights law stifle cultural expression. Equipment manufacturers and intermediaries complain about yet more \’security\’ features that complicate their products and services and encumber marketing, while content owners desperately want enforcement to work. And of course it is crucial that whatever regulatory instruments come into play must not age prematurely in Internet time. The European Union faces the daunting challenge of articulating coherent copyright policies that satisfy these contradictory multiple demands. Yet the legal framework must conform to the European Union\’s remit of fostering economic growth in a common market, while respecting the national traditions of its still growing family of Member States. Clearly, an extraordinary balancing act is called for if justice is to be done to all of the private and public interests affected. So how has the European acquis communautaire scored on these issues so far? In this groundbreaking study the Institute for Information Law of the University of Amsterdam brings its extensive academic expertise to bear on this question. The authors scrutinize the present law as laid down in the seven copyright and related rights directives, against the background of the relevant international standards of the Berne Convention, the TRIPs agreement, and the WIPO Internet Treaties. They map out in detail the degree to which certain areas of copyright have been harmonized as they expose the gaps and inconsistencies in the acquis and the urgent unresolved issues that persist. They identify the EU\’s ambitions in relation to its present and future competences (following the Lisbon Reform) to regulate copyright, and to its Better Regulation agenda. Following a comprehensive analysis of almost two decades of regulatory intervention, they move on to the salient current trends that point toward a more coherent and balanced European copyright law.

},

note = {

	Inhoudsopgave;


	Hoofdstuk 1: The European Concern with Copyright and Related Rights;


	Hoofdstuk 9:The Last Frontier: Territoriality;


	Cover

},

keywords = {},

pubstate = {published},

tppubtype = {book}

}

@article{,

title = {Looking Ahead\textemdashFuture Issues when Reflecting on the Place of the iConsumer in Consumer Law and Copyright Law,},

author = {J.V.J.  van Hoboken and N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Looking_Ahead-Future_Issues_When_Reflecting_on_the_Place_of_the_iConsumer_in_Consumer_Law_and_Copyright_Law.pdf},

year  = {2009},

date = {2009-03-30},

journal = {Journal of Consumer Policy},

number = {31},

pages = {489-496},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{,

title = {Ups and downs. Economic and cultural effects of file sharing on music, film and games (authorised translation)},

author = {N.  Helberger and N.A.N.M.  van Eijk},

url = {http://www.ivir.nl/publicaties/download/Ups_And_Downs_authorised_translation.pdf},

year  = {2009},

date = {2009-02-27},

note = {

	Onderzoek door een consortium van TNO Informatie- en Communicatietechnologie, SEO Economisch Onderzoek en het Instituut Voor Informatierecht, in opdracht van de ministeries van OCW, EZ en Justitie, februari 2009.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{,

title = {Making place for the iConsumer in Consumer Law'},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Making_place_for_the_iConsumer.pdf},

year  = {2009},

date = {2009-02-27},

journal = {Journal of Consumer Policy},

number = {31},

pages = {385-391},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {'"Access denied": How some e-commerce businesses re-errect national borders for online consumers, and what European law has to say about this'},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Access_denied.pdf},

year  = {2009},

date = {2009-02-27},

journal = {European Journal of Consumer Law},

number = {4},

pages = {472-506},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{,

title = {Ups and downs. Economische en culturele gevolgen van file sharing voor muziek, film en games},

author = {N.  Helberger and N.A.N.M.  van Eijk and J.P.  Poort},

url = {http://www.ivir.nl/publicaties/download/Ups_And_Downs.pdf},

year  = {2009},

date = {2009-01-20},

note = {

	Onderzoek door een consortium van TNO Informatie- en Communicatietechnologie, SEO Economisch Onderzoek en het Instituut Voor Informatierecht, in opdracht van de ministeries van OCW, EZ en Justitie, januari 2009.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{,

title = {From eyeball to creator - toying with audience empowerment in the Audiovisual Media Service Directive,},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/From%20eyeball%20to%20media%20literate%20viewer.pdf},

year  = {2008},

date = {2008-10-06},

journal = {Entertainment Law Review},

volume = {2008},

number = {6},

pages = {128-137},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Never Forever: Why Extending the Term of Protection for Sound Recordings is a Bad Idea},

author = {N.  Helberger and S.J.  van Gompel and P.B.  Hugenholtz},

url = {http://www.ivir.nl/publicaties/download/EIPR_2008_5.pdf},

year  = {2008},

date = {2008-06-04},

journal = {European Intellectual Property Review},

number = {5},

pages = {174-181},

abstract = {

	This article critically examines the arguments put forward in favour of a term extension of related rights of phonogram producers. The authors conclude that there are no convincing reasons to extend the existing term of protection. The article also explains why the popular argument that a term extension would improve the situation of performers is probably a fallacy.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@misc{,

title = {The Media-Literate Viewer},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Dommering_bundel_Helberger.pdf},

year  = {2008},

date = {2008-05-15},

booktitle = {Dommering-bundel: Opstellen over informatierecht aangeboden aan prof. mr. E.J. Dommering, N.A.N.M. },

pages = {135-148},

publisher = {Otto Cramwinckel Uitgever},

address = {Amsterdam},

keywords = {},

pubstate = {published},

tppubtype = {misc}

}

@article{,

title = {No Place Like Home for Making a Copy: Private Copying in European Copyright Law and Consumer Law},

author = {N.  Helberger and P.B.  Hugenholtz},

url = {http://www.ivir.nl/publicaties/download/BTLJ_2007_3.pdf},

year  = {2008},

date = {2008-01-24},

journal = {Berkeley Technology Law Journal},

volume = {2007},

number = {3},

pages = {1061-1098},

abstract = {

	This article examines the intersection between copyright law and consumer law relating to private copying in Europe. In doing so, we will query the effectiveness of copyright law and consumer law as legal instruments to protect consumers in their dealings with information suppliers. Our goal is to demonstrate that while copyright law in Europe does offer a measure of comfort to consumers, the legal instruments of European consumer law are potentially more effective in achieving the freedom to make private copies that European consumers generally expect.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {The Changing Role of the User in the "Television Without Frontiers Directive"},

author = {N.  Helberger},

url = {http://www.obs.coe.int/oea_publ/iris_special/2007_02_details.html},

year  = {2008},

date = {2008-01-24},

booktitle = { Legal Aspects of Video on Demand},

journal = {IRIS Special},

abstract = {

	The changing role of users of audiovisual services might eventually shake the very base of traditional media policy. It is early days yet. It is certainly not too early, however, to become aware of changes and muse about possible implications for media law and policy. The objective of this article is to scrutinize some aspects of traditional government involvement with audiovisual media from the perspective of the changing role of the users. Aspects that will be discussed include the justification for government intervention in the first place, the image of the user, the character of intervention and the new issues that are likely to play a role in future media law and policy. The point of reference will be the revised proposal for a Directive on the Regulation of Audiovisual Media Services.

},

note = {

	Legal Aspects of Video on Demand: 3http://www.obs.coe.int/oea_publ/iris_special/2007_02_details.html

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Some critical reflections about access obligations under the European Communications Framework},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/communications_and_strategies.pdf},

year  = {2008},

date = {2008-01-24},

journal = {Communications \& Strategies},

number = {68},

pages = {1-10},

abstract = {

	European communications and competition policy has a tradition on access obligations as primary tool to discipline exclusive control over so called bottleneck facilities. In the 2007 Communication on the Review of the European Communications Framework, the European Commission stressed once more the importance of access rules as a tool to realize consumer welfare, competition and user rights, notably the right for users to access and distribute lawful content. This article will place some critical reflections on access obligations. Using the example of bottlenecks in digital broadcasting, it will show that access obligations that were successfully applied to traditional bottleneck situations are not necessarily the best or effective way of guaranteeing openness of the digital service market. The example of digital broadcasting is for many reasons interesting.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{,

title = {Study on the Implementation and Effect in Member States' Laws of Directive 2001/29/EC on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society},

author = {G.  Westkamp and T.  Rieber-Mohn and M.M.M.  van Eechoud and L.  Guibault and N.  Helberger and P.B.  Hugenholtz},

url = {http://www.ivir.nl/publicaties/download/Infosoc_report_2007.pdf},

year  = {2007},

date = {2007-03-22},

abstract = {

	This study, commissioned by the European Commission, examines the application of Directive 2001/29/EC in the light of the development of the digital market. Its purpose is to consider how Member States have implemented the Directive into national law and to assist the Commission in evaluating whether the Directive, as currently formulated, remains the appropriate response to the continuing challenges faced by the stakeholders concerned, such as rights holders, commercial users, consumers, educational and scientific users. As set out in specifications of the study set out by the Commission, its aim is "to assess the role that the Directive has played in fostering the digital market for goods and services in the four years since its adoption". The impact of the Directive on the development of digital (chiefly online) business models, therefore, will be the focal point of our enquiry throughout this study.

},

note = {

	Rapport aan de Europese Commissie, DG Interne Markt, februari 2007. Zie ook Part II: Country Reports on the Implementation of Directive 2001/29/EC in the Member States, G. Westkamp, Queen Mary Intellectual Property Research Institute, februari 2007.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@misc{,

title = {Refusal to Serve Consumers because of their Nationality or Residence - Distortions in the Internal Market for E-commerce Transactions? ( European Parliament's Committee on Internal Market and Consumer Protection)},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/ecommerce_en.pdf},

year  = {2007},

date = {2007-03-20},

abstract = {

	Technological progress and the internet bring the promise of an Internal Market for electronic services closer than ever into the reach of Europe\'s citizens. Yet, while European and national policies are committed to removing government-made obstacles to the free movement of services, some e-commerce businesses use technology to actually re-introduce territorial barriers. The goal of this briefing paper is to provide a first overview of the motives of e-commerce businesses to engage in territorial differentiation, to examine whether territorial differentiation can result in a serious distortion of the Internal Market and to make recommendations what measures should be taken to remove barriers that prevent consumers from buying goods and services on-line throughout the Internal Market.

},

note = {

	Briefing Note, European Parliament\'s Committee on Internal Market and Consumer Protection, januari 2007.



	 

},

keywords = {},

pubstate = {published},

tppubtype = {misc}

}

@techreport{,

title = {The Recasting of Copyright \& Related Rights for the Knowledge Economy},

author = {S.J.  van Gompel and M.M.M.  van Eechoud and L.  Guibault and N.  Helberger and P.B.  Hugenholtz},

url = {http://www.ivir.nl/publicaties/download/IViR_Recast_Final_Report_2006.pdf},

year  = {2007},

date = {2007-01-10},

abstract = {

	Study carried out by the Institute for Information Law for the European Commission (DG Internal Market). Chapters 1 and 2 describe and examine the existing \'acquis communautaire\' in the field of copyright and related (neighbouring) rights, with special focus on inconsistencies and unclarities. Chapters 3-6 deal with distinct issues that were identified a priori by the European Commission as meriting special attention: possible extension of the term of protection of phonograms (Chapter 3), possible alignment of the term of protection of co-written musical works (Chapter 4), the problems connected to multiple copyright ownership, including the issue of \'orphan works\' (Chapter 5), and copyright awareness among consumers (Chapter 6). Chapter 7 provides an overall assessment of the benefits and drawbacks of the fifteen years of harmonisation of copyright and related rights in the EU and dwells on regulatory alternatives.

},

note = {

	Rapport aan de Europese Commissie, DG Interne Markt, november 2006, 308 p.


	Zie ook de executive summary.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{,

title = {Christophe R. vs Warner Music: French court bans private-copying hostile DRM},

author = {N.  Helberger},

url = {http://www.indicare.org/tiki-read_article.php?articleId=180},

year  = {2006},

date = {2006-03-07},

journal = {INDICARE Monitor},

abstract = {

	France is one of the European countries where a particularly vivid public discussion about DRM and the private copying exception took place. This is thanks to the efforts of French consumer organisations taht initiated a number of court cases dealing with complaints of consumers about CDs and DVDs that could, among others, not be copied and ripped because of technical protection measures in place. This article discusses that latest DRM decision in France, a decision that went one step further than its predecessors when dealing with the difficult question of the relationship between DRM and private copying.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Vive la Balance! Pleading for a French revolution of copyright,},

author = {N.  Helberger},

url = {http://www.indicare.org/tiki-read_article.php?articleId=181},

year  = {2006},

date = {2006-03-07},

journal = {INDICARE Monitor},

abstract = {

	This article reports about the French implementation of the famed Article 6 (4) of the European Copyright Directive, the article that orders member states to guarantee that consumers can benefit from exceptions despite the application of technological protection measures. Considering the fact that France is the origin of a series of groundbreaking decisions in favour of a balance between DRM use and consumer interests, figuring prominently among them the private copyying exception, and all the public discussion those cases triggered, we have all reason to be curious about what the French legislator will come up with.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {The "Right to Information" and Digital Broadcasting: About Monsters, Invisible Men and the Future of European Broadcasting Regulation},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/ELR_2006_2.pdf},

year  = {2006},

date = {2006-03-03},

journal = {Entertainment Law Review},

number = {2},

pages = {70-80},

abstract = {

	As a result of modern content management technologies, individualisation, differentiation and conditioned access step into the place of traditional models of broad-casting content. In the light of these developments, the article provides a critical analysis of the proposals that were made to revise the Television Without Frontiers Directive and to protect “the right to information” of the broadcasting audience. The article will show that instead of modernizing the European broadcasting framework the proposals are focused on maintaining the status quo of an analogue past. It will make an argument in favor of a more viewer-oriented approach.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {The Sony BMG rootkit scandal},

author = {N.  Helberger},

url = {http://www.indicare.org/tiki-read_article.php?articleId=165},

year  = {2006},

date = {2006-02-14},

journal = {INDICARE Monitor},

abstract = {

	The article will have a closer look at the charges of the EFF and a Californian lawyer against Sony BMG\'s latest DRM strategy. The Sony BMG case adds a number of new dimensions to the DRM and Consumer debate. The article will highlight some aspects, also against the background of similar recent case law in Europe.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Digital Rights Management from a Consumer's perspective},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/249.pdf},

year  = {2005},

date = {2005-11-23},

journal = {IRIS Plus},

number = {8},

pages = { 1-8},

abstract = {

	The purpose of this article is to consider the impact of DRM on people\'s use of digital content and on its availability and accessibility for consumers. It describes the area of conflict between the economic interest of the media industry to use DRM to protect rights to and marketing of digital content, and consumers\' desire to use digital content in accordance with their own rights and legitimate interests without suffering any unfavourable consequences as they do so. The article explains why the current approach, where DRM is considered to be exclusively a copyright issue, is too narrow. It lists a series of equally important individual or informational interests which must be respected, linking DRM to the protection of consumers and access to digital content. The article makes some suggestions how this theme might be usefully dealt with in the future.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Using competition law as tool to enforce access to DRM...and failing},

author = {N.  Helberger},

url = {http://www.indicare.org/tiki-read_article.php?articleId=150},

year  = {2005},

date = {2005-11-02},

journal = {INDICARE Monitor},

abstract = {

	Apple\'s tight control over the FairPlay DRM system has caused many iPod users to complain that they cannot play certain files on their iPod, namely the files they bought from other online services, using a different DRM system. The proprietary control over FairPlay is also a thorn in the flesh of iTunes rivals who sought various ways to get around FairPlay\'s lack of interoperability. The French enterprise VirginMega tried it the legal way and so did it come that Apple\'s FairPlay was probably also the first case in which a competition authority in Europe had to decide if access to a Digital Rights Management system can be enforced on grounds of competition law.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Not so silly after all - new hope for private copying},

author = {N.  Helberger},

url = {http://www.indicare.org/tiki-read_article.php?articleId=132},

year  = {2005},

date = {2005-10-13},

journal = {INDICARE Monitor},

abstract = {

	The decision of the French court in Paris in the so-called Mulholland case has left a sour after-taste since. Could it be true that the privat copying exception, a long standing tradition in many national copyright laws, was in fact not much more than a toothless paper tiger? When we reported about this case we expressed our disbelief that this should have been the end of the private copying exception. And indeed, as the Court of Appeals has recently decided, the tiger may be made of paper, but it still has its teeth.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@book{,

title = {Controlling Access to Content: Regulating Conditional Access in Digital Broadcasting},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/252.pdf},

isbn = {9041123458},

year  = {2005},

date = {2005-06-30},

volume = {2005},

publisher = {Kluwer Law International},

address = {Den Haag},

series = {Information Law Series},

abstract = {

	Control of access to content has become a vital aspect of many business models for modern broadcasting and online services. Using the example of digital broadcasting, the author reveals the resulting challenges for competition and public information policy and how they are addressed in European law governing competition, broadcasting, and telecommunications. Controlling Access to Content explores the relationship between electronic access control, freedom of expression and functioning competition. It scrutinizes the interplay between law and technique, and the ways in which broadcasting, telecommunications, and general competition law are inevitably interconnected.

},

note = {

	Zie ook de samenvatting van het proefschrift:

},

keywords = {},

pubstate = {published},

tppubtype = {book}

}

@techreport{,

title = {Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations},

author = {N.  Dufft and M.M.  Groenenboom and K.  Ker\'{e}nyi and C.  Orwat and U.  Riehm and N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/INDICARESOAReport-Update01.pdf},

year  = {2005},

date = {2005-06-21},

note = {

	State of the Art Report - First Supplement, mei 2005.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@techreport{,

title = {Copyright Law and Consumer Protection},

author = {L.  Guibault and N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/copyrightlawconsumerprotection.pdf},

year  = {2005},

date = {2005-05-20},

publisher = {European Consumer Law Group},

abstract = {

	The purpose of this study is to provide an overview of certain key aspects of the relationship between copyright law and consumer protection. More particularly, the paper concentrates on what would appear today as the most problematic issue, from the perspective of the consumer, understood in the narrow sense of the word, namely the implementation of technological protection measures (TPM) and digital rights management (DRM) systems and its implication for the exercise of the private use exemption.

},

note = {Policy conclusions of the European Consumer Law Group (ECLG) based on a study carried out by L. Guibault and N. Helberger.},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{,

title = {Thou shalt not mislead thy customer! The pitfalls of labelling and transparency},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/INDICAREMonitor230205.pdf},

year  = {2005},

date = {2005-03-03},

journal = {INDICARE Monitor},

volume = {1},

number = {9},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{,

title = {De regulering van media in internationaal perspectief},

author = {J.J.C.  Kabel and N.A.N.M.  van Eijk and N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/WRR_reguleringmedia.pdf},

isbn = {9085550319},

year  = {2005},

date = {2005-02-04},

pages = {109},

publisher = {Pallas Publications},

address = {Amsterdam},

note = {

	Achtergrondstudie voor het WRR-rapport \'Focus op functies: uitdagingen voor een toekomstbestendig mediabeleid\'. Deze publicatie is ook als boek te bestellen bij Amsterdam University Press (AUP).

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@techreport{,

title = {Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations},

author = {N.  Dufft and K.  Ker\'{e}nyi and B.  Krings and R.  Lambers and C.  Orwat and U.  Riehm and N.  Helberger and S.J.  van Gompel},

url = {http://www.ivir.nl/publicaties/download/INDICAREStateoftheArtReport.pdf},

year  = {2004},

date = {2004-12-14},

note = {

	State-of-the-Art Report, INDICARE, december 2004.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{,

title = {It's not a right, silly! The private copying exception in practice’,},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/itsnotarightsilly.pdf},

year  = {2004},

date = {2004-10-22},

journal = {INDICARE Monitor},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Access to technical bottleneck facilities: the new European approach},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/C\&S2002.pdf},

year  = {2002},

date = {2002-09-19},

journal = {Communications \& Strategies},

number = {2},

pages = {33},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Brood en spelen - De implementatie van de evenementenlijst van artikel 3a van de Televisierichtlijn},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/mediaforum.pdf},

year  = {2002},

date = {2002-04-10},

journal = {Mediaforum},

number = {3},

pages = {78-84},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{,

title = {Study on the use of conditional access systems for reasons other than the protection of remuneration, to examine the legal and the economic implications within the Internal Market and the need of introducing specific legal protection},

author = {N.  Helberger and N.A.N.M.  van Eijk and P.B.  Hugenholtz},

url = {http://www.ivir.nl/publicaties/download/ca-report.pdf},

year  = {2001},

date = {2001-08-06},

pages = {204.},

abstract = {

	The study offers an analysis of the use of conditional access systems for other reasons than the protection of remuneration interests. The report also examines the need to provide for additional legal protection by means of a Community initiative, such as a possible extension of the Conditional Access Directive. The report will give a legal and economic analysis of the most important non-remuneration reasons to use conditional access (CA), examine whether services based on conditional access for these reasons are endangered by piracy activities, to what extent existing legislation in the Member States provides for sufficient protection, and what the possible impact of the use of conditional access is on the Internal Market. Furthermore, the study analysis the specific legislation outside the European Union, notably in Australia, Canada, Japan and the US, as well as the relevant international rules at the level of the EC, WIPO and the Council of Europe.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{,

title = {Diskriminierungsfreier Zugang zu digitalen Zugangskontrolldiensten},

author = {A.  Scheuer and P.  Strothmann and N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/iris2.pdf},

year  = {2001},

date = {2001-05-01},

journal = {IRIS Plus},

volume = {2001},

number = {2},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@article{,

title = {Urheber- und Nachbarrechtsschutz im audiovisuellen Sektor},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/iris2000-2d.pdf},

year  = {2001},

date = {2001-03-27},

journal = {Iris},

number = {2},

pages = {15},

abstract = {

	The article gives an overview on the existing international and regional provisions, particular at the level of WIPO and the European Community on the legal protection of copyrights and related rights in the audiovisual sector. Secondly, it introduces the most important pending proposals for an update of those provisions and concludes with some comparative remarks on the expected future state of protection.

},

note = {

	Copyright and related rights in the audiovisual sector.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@techreport{,

title = {Report for the Council of Europe on the Neighbouring Rights Protection of Broadcasting Organisations: Current Problems and Possible Lines of Action},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/262.pdf},

year  = {2000},

date = {2000-11-29},

abstract = {

	This report analyses to what extent the Rome Convention (1961) and relevant instruments of the Council of Europe in the intellectual property field provide for sufficient protection of broadcasters in Europe. Background to the report is the changing technological environment over the last 40 years, particularly as regards convergence of the telecommunications, media and information technologies, piracy and the development of new services such as digital broadcasting services. The situation will be compared to current legal developments at EC and WIPO level. The aim of the report was to examine eventual gaps in protection where existing regulations are applied in modern times and to investigate in further activities which could be undertaken within the framework of the Council of Europe to ensure the satisfactory protection of the rights of broadcasting organisations. The study was commissioned by the Council of Europe. Views expressed in the report are not those of the Organisation.

},

keywords = {},

pubstate = {published},

tppubtype = {techreport}

}

@article{,

title = {Hacking BskyB: The legal protection of conditional access services under European law},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/HackingBskyB.pdf},

year  = {2000},

date = {2000-02-24},

journal = {Entertainment Law Review},

number = {5},

pages = {88},

abstract = {

	De bescherming van op voorwaardelijke toegang gebaseerde diensten (zoals betaaltelevisie) in Europa is niet zo volledig als de dienstenaanbieders wellicht hopen. Dit artikel onderzoekt in hoeverre de recent aangenomen Richtlijn Voorwaardelijke Toegang hierin verandering brengt.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@misc{,

title = {Monaco - Developments in the Audiovisual Sector},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Monaco.pdf},

year  = {2000},

date = {2000-02-24},

booktitle = {Legal Guide to the Audiovisual Media in Europe - Recent Legal Developments in Broadcasting, Film, T},

journal = {Legal Guide to the Audiovisual Media in Europe},

pages = {192-193},

abstract = {

	De bijdrage aan de \'Legal Guide to the Audiovisual Media in Europe\' van het European Audiovisual Observatory, geeft een introductie van de recente wetgeving over de audiovisuele sector van Monaco. In het artikel worden de bestaande wetgeving en recente ontwikkelingen in deze sector behandeld en worden relevante literatuur en adressen gegeven.

},

keywords = {},

pubstate = {published},

tppubtype = {misc}

}

@article{,

title = {Die Pr\"{a}zisierung des Sendestaatsprinzips in der Rechtsprechung des EuGH},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Sendestaatsprinzips.pdf},

year  = {2000},

date = {2000-02-24},

journal = {Zeitschrift f\"{u}r Urheber- und Medienrecht},

number = {1},

pages = {50-60 },

abstract = {

	The jurisdiction of member states over transnationally operating broadcasters as laid down in the former version of the Television without Frontiers Directive has repeatedly caused legal conflicts. The issue of jurisdiction is of particular importance for the transborder activities of broadcasters, since national laws governing the transmission of broadcasts differ considerably in such important areas as advertisement rules and the protection of minors. In a number of recent decisions, the European Court of Justice clarified the principle of member states\’ jurisdiction over broadcasters. This article provides an overview of the relevant judgements of the court, also taking into account the corresponding provisions of the (revised) Television without Frontiers Directive.

},

keywords = {},

pubstate = {published},

tppubtype = {article}

}

@misc{,

title = {Liechtenstein - Developments in the Audiovisual Sector,},

author = {N.  Helberger},

url = {http://www.ivir.nl/publicaties/download/Liechtenstein.pdf},

year  = {2000},

date = {2000-02-24},

booktitle = {Legal Guide to the Audiovisual Media in Europe - Recent Legal Developments in Broadcasting, Film, T},

pages = {75-78},

publisher = {European Audiovisual Observatory},

address = {Straatsburg},

abstract = {

	In het kader van de \'Legal Guide to Audiovisual Media in Europe\' van het European Audiovisual Observatory, beschrijft dit artikel de huidige juridische toestand op het gebied van omroep, film, telecommunicatie en de Global Information Society in Liechtenstein. Naast een compleet overzicht van de relevante wetgeving en de meest recent juridische ontwikkelingen, geeft het rapport relevante literatuur en adressen van de verantwoordelijke instanties.

},

keywords = {},

pubstate = {published},

tppubtype = {misc}

}