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Commercial Communications and Services in the Information Society: Protection of the Public Interest

Document Citas 9 Citado por Relacionados
Vincent
AutorProf. Dr. Isabel Hernando
Cargo del AutorCommercial Communications and Services in the Information Society: Protection of the Public Interest

Basically, commercial communications are all forms of communications designed to promote, directly or indirectly, the goods or services or image o a company, organization or person pursuing a commercial, industrial or craft activity or exercising a regulated profession. Therefore, any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services is commonly considered as services of the Information Society.

Businesses taking advantage of these capabilities include online marketing and advertising services, information services (financial, legal, medical); those engaged in the sale of real estate, the sale of medicines, products (wines, clothing, flowers, books, etc. ), the distribution of music, electronic banking, auctions, gaming and gambling.

These services are often already heavily regulated by national and international laws, and their migration 'on-line' create a new legal threshold from which the following assumptions can be made:

Protection of the Public Interest.

National, European Community and international norms that regulate the provision of electronic services and the transmission of business communications have as their purpose, in most cases, the protection of the public interest.

  1. Classification of the Interests

    The objectives considered to be within the public interest may be based on the following criteria:

    - The aims considered material to the public order such as, for example, the protection of minors, the fight against discrimination on the basis of race, sex, religion or nationality, the protection of human dignity (honor, privacy, image) and freedom of expression;

    - The protection of public health;

    - Public security, including the protection of national security and defense; and

    - The protection of consumers, including investors.

  2. Specific Regulation of Public Interest

    Although the above mentioned aims have been the object of regulation as far as harmonization is concerned, (e. g. at the level of the Member States of the European Community) [36], they appear as a minimum of mandatory compliance to ensure the protection of the public trust since such protection is considered a fundamental tenet of most legal regimes.

    At the European Community level, Directive 2000/31/EC[37] which governs electronic commerce demands that commercial communications satisfy the following minimum requirements:

    - They must be clearly identifiable as such;

    - The...

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