Press Release Strasbourg, 9 December 2008 Searching for Audiovisual Content The Observatory publishes a new IRIS Special report		More information on this IRIS Special
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The fact that Google has just announced that it can predict the spread of 'flu using massive, cross-referenced search data proves just how significant Internet search functions have become. In a brand new report the European Audiovisual Observatory looks at the various mechanisms currently available for searching specifically for audiovisual content on the web. The report concentrates on search engines and electronic programme guides as the 'virtual librarians' which allow us to seek and find video content according to key words and other search criteria.

Given the centralising role of these electronic search mechanisms and their virtual monopoly as a gateway to information on the web, the Observatory has chosen to ask some very fundamental questions about the technical and legal parameters of their functioning. What are the possibilities of standardising these search tools according to universal systems? What parameters of freedom of information do they respect in their selection of information supplied? How does European legislation apply to their functioning? Who, if anybody, can adequately define a legal framework for the search mechanisms for audiovisual content on the web?

This new IRIS Special Report:

Searching for Audiovisual Content

is the result of a workshop on audiovisual search organised by the Observatory and the Institute for Information Law of the University of Amsterdam (IViR) in April of this year. A full summary of the workshop's conclusions is included in this publication.

The report starts by analysing the techno-economic challenges of audiovisual search engines. The specific technical challenges related to searching for audiovisual material on the web are examined in detail. The report then examines the economic aspects of Internet search: the evolution of the major web search engines, the emerging market of tailored search solutions for business and enterprises and mobile search - retrieval services accessible through mobile devices. Ramón Compañó, the author of this chapter concludes that "at the moment, there is a clear distinction in the AV search market with regard to web search, business solutions or mobile search…In the future, these differences may become blurred".

The future of content navigation is then examined in light of the vast volume and dizzying array of file formats now being made available on the web. Author Janet Greco takes a look at current metadata standards and makes a convincing argument for the development of a coherent approach leading to universal content identification systems.

Privacy issues are inevitably relevant in the face of so much searchable information freely available on-line. In his chapter on privacy and the drive for the perfect audiovisual search engine Michael Zimmer examines the functions which would be offered by the theoretical "perfect search engine". He then goes on to raise pertinent questions concerning the implications such a 'super search mechanism' would have for data protection and privacy. Detailed tagging of photos and films, geocoding and even the rise of sophisticated face recognition tools mean that personal images uploaded can be pinpointed according to increasingly accurate search criteria. Zimmer concludes that "only if the multiple privacy concerns can be addressed - through broadening our conception of privacy, creating policy protections and engaging in privacy-protecting design - will we avoid […]a bargain with the devil in exchange for access to universal knowledge."

Freedom of expression implications for the governance of search are then examined with particular reference to article 10 of the European Convention on Human Rights. Author Joris van Hoboken notes that "search engines in general have also started to gain in importance in the eyes of European regulators and policy makers". While concluding that current legal uncertainty about the liability of search engines for third party content is "sub-optimal", van Hoboken points out that "the recent Council of Europe Recommendation on Internet filters has been shown to be an interesting starting point for studying these issues".

In the following chapter, Peggy Valcke examines the place of audiovisual search tools in the EU regulatory frameworks. She examines the current provisions concerning these mechanisms in EU legislation such as the Audiovisual Media Services Directive and the E-Commerce Directive, noting that "limited provisions exist - both in the Electronic Communications Directives and in the Audiovisual Media Services Directive - with regard to electronic programme […] In contrast, online search tools - even though they are included in the general scope of application of the E-Commerce Directive - are not even covered by the safe harbour provisions in the E-Commerce Directive." Valcke does not, however, feel that revolutionary new legislation is necessary, but rather that "most policy goals […] in the context of search tools can be fairly addressed by applying existing and/or general principles or rules."

An analysis of self- and co-regulation in the field of Internet search by Wolfgang Schulz concludes this new report. Schulz offers a succinct overview of the real risks implied by the role of Internet search mechanisms (access to harmful or illegal content or the exploitation of personal data to name but a few) and then goes on to examine the possible co- and self regulatory approaches which could go some way towards providing a safeguard against these problems.

A bang up to date and far-sighted reflection on the role of electronic search mechanisms. They are watching over our electronic content, but just who's watching them…?

IRIS Special, 2008 Edition,
"Searching for Audiovisual Content", EUR 89
ISBN 978-92-871-6559-6
European Audiovisual Observatory, Strasbourg, 2008.

For further press information and a free press copy for review, please contact:
Alison Hindhaugh, Information and Press Officer, tel.: +33 (0) 3 88 14 44 10 -E-mail: alison.hindhaugh@coe.int

To order a copy of this IRIS Special or take out a subscription to IRIS monthly legal review with its IRIS plus supplement, click here or contact: markus.booms@coe.int

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susanne.nikoltchev@coe.int - francisco.cabrera@coe.int

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The European Audiovisual Observatory Set up in December 1992, the European Audiovisual Observatory's mission is to gather and distribute information on the audiovisual industry in Europe. The Observatory is a European public service body comprised of 37 member states and the European Union, represented by the European Commission. It operates within the legal framework of the Council of Europe and works alongside a number of partner and professional organisations from within the industry and with a network of correspondents. In addition to contributions to conferences, other major activities are the publication of a Yearbook, newsletters and reports, the compilation and management of databases and the provision of information through the Observatory’s Internet site (http://www.obs.coe.int).