eDiversity: The Legal Protection of Cultural Diversity in a Digital Networked Environment

The research project was an endeavour of i-call, the research centre for international communications and art law at the University of Lucerne. The project was an integral part of the Swiss National Centre of Competence in Research (NCCR) “International Trade Regulation” and was supported by the Swiss National Science Foundation and the Ecoscientia Foundation. It lasted from 1 September 2005 until 31 August 2009 (first stage of NCCR Trade).

The research project sought getting a deeper understanding of the conditions that European and international law sets for national governments in respect to the regulation of media markets in the globally networked digital environment. This new environment is the result of the rapid technological developments of the last few years where digital technology and the Internet have fundamentally transformed the way cultural content is created, disseminated, accessed, and enjoyed. These changes called upon governments to revisit existing policies in the field of cultural expression and develop new tools where necessary. Accounting for ongoing business dynamics, the project focused on the markets for television, film and new media, including online computer and video games. In addition to very new cultural expressions, the project also investigated repercussions the digital networked environment had for very old cultural expressions, i.e. cultural expressions of indigenous peoples.
A major challenge for the project was the fragmentation of the current framework for media regulation. WTO law, the UNESCO Convention on cultural diversity, international human rights instruments, WIPO’s intellectual property regime, regional media regulation, national laws as well as alternative modes of governance such as industry self-regulatory instruments are relevant. The project’s aim was to strive for a better balance between the goals of trade liberalisation and the protection and promotion of the diversity of cultural expression.
A key feature of the project was its transdisciplinary approach. This was secured, inter alia, with the help of an international network of experts from various disciplines, including law, economics, sociology and cultural studies, history, philosophy, media sciences and anthropology.

For further information see the eDiversity flyer.

Research results
The eDiversity project could deliver a great volume of valuable research output. Two scientific events, two major books and numerous journal articles and book chapters are the proof of vivid, innovative, transdisciplinary and high quality research activities. Here is information on the two scientific events (Governance of online worlds/ Traditional Cultural Expressions) and a list of eDiversity publications.

_______________________________________________________________

Cross-border Communications and Culture Law
The primary focus of this research project was the scrutiny of cross-border communications and culture law. This was rather an ambitious task in the light of the rapid technological developments of the last decades and the global economic and social transformations spurred on by these technological changes. Pertinent to the communications law analyses have been the media and telecommunications law, copyright and data privacy law. The international focus of the research project required that not only national law be scrutinised but also involved a careful examination of relevant law and practice of the European Community and the World Trade Organization.
Culture law deals mainly with questions about freedom of art and its constraints by public and private measures, its protection through copyright law, and the implications for freedom of art stemming from private art sponsoring and/or public subsidies. Of great relevance in this context is also the law of international trade with cultural objects.
The research project “Cross-border Communications and Culture Law“ was carried out from 1 June 2002 until 31 May 2005 and was financially supported by the Mercator Foundation Switzerland. In the framework of the project, two international symposia were held and several anthologies as well as teaching materials for this specific field of research published.