Frequently Asked Questions
What and where is Iceland?
Iceland, population 317,000, is a modern western liberal democracy located in the north Atlantic, midway between north America and Europe. In 2007, Iceland was ranked as the most developed country in the world by the United Nations' Human Development Index. It generates over 99% of its electricity and hot water from geothermal power and has been ranked as the greenest" country in the world. In late 2008, following the financial crisis in the United States, the country nationalized its three largest banks which were at risk of insolvency. Related events saw unprecedented protests in the capital of Reykjavik and a new government was elected in April, 2009. The country is best known for its pristine wilderness, its singer Bjork, the Reagan-Gorbachev summit and the Fischer-Spassky world-championship. Icelandic democracy is one of the oldest in the world, its still acting parliament, the Althingi, was founded 930 AD.
What is included in the proposal?
- The Icelandic Prize for Freedom of Expression
- Iceland's first internationally visible prize.
- State of the art Freedom of Information Act
- Based on the 2009 CoE and OAS recommendations as well as modern elements in the FOI laws of Estonia, Scotland, the UK and Norway as well as the Aarhus treaty. (scope: Iceland)
- Whistleblower protections
- Protection for those who step forward to reveal important matters in the public interest, based on the U.S. False Claims Act and the U.S. Military Whistleblowers Act. (scope: Iceland)
- Source protection
- Protection for anonymous sources who attempt to communicate to the public after a promise of confidentiality by a journalist or media organization. Based on new EEA legislation.
- Source-journalist communications protection
- Protection for the communications between an anonymous source and a media organization and internally within a media organization prior to publication. Based on the Belgium source protection law of 2005.
- Limiting prior restraint
- Prior restraint is coercion of a publisher, through the legal system, to prevent publication of a specific matter. While the Icelandic Constitution provides the right to freedom of expression, small modifications are needed to reduce the possibility of prior restraint.
- Protection of intermediaries (internet service providers)
- Immunity for "mere conduits", ISPs and telecommunications carriers.
- Protection from "libel tourism" and other extrajudicial abuses
- Non-observance of foreign judgments which violate Icelandic freedom of expression protection and the ability to file a counter-suit in Iceland against a party which engages in a calculated attempt to suppress the speech freedoms of an Icelandic entity. Inspired by legislation passed by the states of New York & Florida and proposed legislation.
- Statute of limitations on publishing liabilities
- Recent rulings in Europe maintain that, for a internet publications, each page view is publication afresh, regardless of how long ago the material was first released. This has resulted in the silent removal of investigative newspaper stories, including those over 5 years old, from the on-line archives of the Guardian and and other major newspapers.
- Process protections
- The majority of legal suits related to publishing settle before final judgment. Hence, the court process itself not used to suppress speech through unequal access to justice, subpoenas or other interlocutory motions. Process protections (in U.S. context anti-SLAPP laws) permit a judge to declare the matter a free speech issue.
Virtual limited liability companies
Based on the LLC legislation used in the U.S. state of Vermont.
What about restrictions on child pornography?
The proposal does not touch existing Icelandic/EEA restrictions.
What about restrictions on commercial copyrights?
The proposal does not touch existing Icelandic/EEA restrictions.