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The Swedish legal publisher Notisum AB has been on the Swedish market for online legal publishing since 1996.  Our Internet-based law book at www.notisum.se is read by more than 50,000 persons per week and our customers range from municipalities and government institutions to Swedish multinationals.

Now we are heading for China, and I would like to share with you some practical experiences from this highly dynamic market and our challenges in trying to conquer it.

The case for a legal monitoring tool, codenamed “EnviTool”

In close co-operation with our customers, we had developed a set of specialized Internet based tools  in Sweden for supporting the process of legal compliance and legal information sharing within big organizations. The key driver of these needs was the growing number of certificates according to the international environmental management standard ISO 14001:2004.

ISO 14001 is a worldwide industry standard to help companies to improve their environmental performance through the implementation of an environmental management system. There is much to say about management systems. Continuous improvement is the heart of the matter–it is all about doing the right things right. Establish a plan, do what you planned, check your results and then start all over by correcting your plans. Plan, Do, Check, Act.

According to the standard, you have to identify the relevant environmental legislation for your organization. You need access to those laws and regulations, and you have to keep an updated list. You should also make the information available to the people of your organization.

By providing an online legal register, monitored for changes, with a whole set of information sharing and workflow features, Notisum helps the certified companies to comply with the environmental legislation.

We developed this system step by step.  When it came to going outside the borders of the Kingdom of Sweden, we changed the name from Rättsnätet+Miljö to EnviTool.

The case for China

Sweden is a country of very high penetration of the ISO 14001 standard, and the use of the standard is in a mature phase in most organizations. China, on the other hand, is number one in the world, with more than 70,000 certificates issued. The growth is double-digit. So China is the place to be if you have products for this specific customer group. The users of the standard are yet immature in China, so we knew there were some challenges out there.

The market for legal information tools is overall immature in China and legal compliance is not always on top of the manager’s priority lists. However, Notisum took the first steps, starting in 2009, to take on the challenge to make China our second home market. Many challenges, expected and unexpected, were waiting for EnviTool.

Step one – the product

Like many commercial ventures, the EnviTool project was the result of a randomly started chain of events. Our Swedish CEO was playing golf with a professor at KTH, the Royal Institute of Technology in Stockholm.  The professor was in charge of a student exchange program between National University of Singapore (NUS) and KTH. We were asked to host an internship for an ambitious computer science student in our company for one academic year.

The internship was successful, our student was doing a great job and we learned a lot about Asia and the Chinese culture. We have now hosted three excellent NUS students from Singapore, all good representatives of their university and their country.  And all of them bilingual English and Chinese. That’s when we decided that China would be an interesting market to try. And yes – China is far away from Sweden, it is terribly big and it was really too large a challenge for our company. We wanted to try anyway, with the hope that Singapore could be the bridge for us.

We decided to start a subsidiary in Singapore and so we did. It is easy, by the way. According to the World Bank, Singapore ranks number one in the world in ease of doing business. Coming from Sweden, ranked number 50 in the world in terms of how easily you pay your taxes, I had an almost religious moment when we got a letter of gratitude from the Singaporean tax authorities after paying our taxes. Not so in Sweden, I may add…

With the first NUS intern now as our first employee, we started translating and adapting our internet tool together with our development manager in Sweden. The technological challenges were there, of course. We base our technology on the Microsoft.NET platform, but the support for the simplified Chinese character set was not totally implemented everywhere.  Multi-language support was developed, and plenty were the occasions in the beginning when Swedish words popped up unexpectedly. The search function in Chinese is different in EnviTool and the relations between the legislative documents were so different from the Swedish and European law that we had to re-design our database structure.

Step two – the market research

With good help from the Swedish Trade Council in China, we did market research to see if there could be a similar market in China and if our business model could work.

After three journeys and two projects together with the trade council, we decided to give it a try. The EnviTool China project was about to take off. Learning to eat properly with chopsticks was part of the experience. Learning to appreciate the Chinese food was easier although there are some zoological challenges there too, outside the scope of this blog entry.

At this point in time we also employed a Chinese/Swedish project manager with extensive knowledge and experience in the field.

Step three – the content

Translating the tool to Chinese and English was the easy part. When it came to the content, we had to throw out everything from Sweden and put in Chinese legislation and comments. We soon found interesting challenges.

Our first experience of the Chinese legal tradition,which is in many ways different from where we come from, was the search for a standard for citations. In the Swedish databases we had successfully used computer software to automatically find citations, law titles, cross references and other document data.  It became clear to us that there were no shortcuts in the Chinese material. We had to input all data manually.

We decided to restrict the information to cover relevant legislation in the EHS (Environmental, Health & Safety) and CSR (Corporate Social Responsibility) field and to concentrate on the national level with some provincial/municipal areas like Beijing and Shanghai. The EHS/CSR users are professionals in their field of work and their industries. They are not lawyers and not very used to legal information systems. EnviTool were developed with EHS/CSR managers in our minds. We wrote the editorial content to suit the needs of our target audience.

We realized that we needed a partner in China to provide fast and timely information. In ChinaLawInfo, established by Peking University in association with the university’s Legal Information Center, we found a great partner. They are the most important legal information provider in China and we saw that Notisum of Sweden and ChinaLawInfo had many similarities in experience and way of working. Yes, we are small and they are big, but that goes for Sweden and China all over. So  EnviTool now provides the EHS/CSR laws and regulations from both ChinaLawInfo and government sources. We also have an on-going editorial co-operation in Beijing.

By now we also had good content. The EnviTool Internet service and database, provided from our Singapore company servers, were released in its first version in the fall of 2010.

Step four – market introduction

If company start-up was a short track in Singapore, it was a longer journey in the world’s second biggest economy. After having tried 50 other names, Envitool finally was translated to 安纬同 in Chinese and we got the business permit in August 2011.

We employed the people we needed and found a partner to help us with HR and finance issues.  Since then we have started our sales and marketing activities, moving slowly forward. The use of legal information tools served from Singapore is combined with management consulting from our team in Shanghai. We provide training in using the tool and can assist the clients in finding the laws and regulations relevant to their operation.

The second generation of the site is up and running at www.envitool.com and we are proud to have customers from China, the US, Japan and four different European countries.

What we have learned and what we think of the future

To get to know China and the Chinese people is of course one part of the fun. Being a European, you make many mistakes, sometimes because of language, sometimes cultural.

One example of this confusion was when I intervened in the editorial process. In EnviTool we provide bi-lingual Chinese/English short and long comments to laws and regulations. In the Swedish service, which I am more familiar with, the short comment is rendered in italics with the longer comment below in plain text. In the English version of the comments in EnviTool, the short one was not in italics. I complained and our programmer quickly changed this. Shortly thereafter, at a customer meeting, I showed the comments, now in Chinese language version. (I don’t understand a word of Chinese.)  Can you imagine Chinese characters in italics? I can tell you, it makes no sense and it looks bad. That was the language mistake. The cultural mistake was managerial. A Swedish employee would have told me how stupid I were, if I came up with such a bad idea. The Asian employee (highly intelligent and highly educated) probably saw the problem and maybe thought “the boss is more stupid than usual, but he is my boss so I have better do what he tells me!”. A lot to learn, many aspects to consider.

To conclude, the start-up was a bit slow because of the red tape but so far, our government contacts have been smooth. We have felt very welcome at the Chinese authorities like the Ministry of Environmental Protection and local governments. In the end, our goals are similar: better environmental and occupational health & safety legal compliance – better environment and better life for the citizens.

We know it will take a long time for us to get the knowledge and experience needed to be a significant player in the Chinese market, and we are prepared to stay there and step by step build our presence.  It took many years to build a loyal and substantial customer base in Sweden. It will take even longer in China.

 

Magnus Svernlöv is the founder and chairman of the Swedish online legal publisher Notisum (www.notisum.se) and its Chinese subsidiary Envitool (www.envitool.cn). He holds an MBA from INSEAD, France, a MScEE degree from Chalmers University of Technology, Sweden and a BA from the School of Business, Ecnomics and Law, University of Gothenburg, Sweden. He welcomes any comment or feedback to ms@notisum.se

VoxPopuLII is edited by Judith Pratt. Editors-in-Chief are Stephanie Davidson and Christine Kirchberger, to whom queries should be directed. The information above should not be considered legal advice. If you require legal representation, please consult a lawyer.

 

Farmland outside Matatiele

My father was, as was his father before him, a country lawyer in a remote but very beautiful part of South Africa, in the foothills of the Maluti mountains on the border between South Africa and Lesotho. Prominent in his legal office near the Magistrate’s Court were shelves of leather bound volumes of South African statutes, cases, and law reports, which I found impressive, with their gold blocking on red spines. Even back then, South African lawyers were well supplied with legal publications, the production of which dated back to the mid-19th century, when a Dutch immigrant, Jan Carel Juta (who was married to Karl Marx’s sister) published the first law reports. This means that the legal profession in South Africa has access to a century and a half of legal records, something of undoubted value, given that many African countries have no legal publications at all.

If it was a court day, one could hear from my father’s office the hubbub of conversations in Sotho, Xhosa, English, and Afrikaans floating down the road from outside the Magistrate’s Court, where blanket-clad Sotho men down from the mountains had tied up their horses at a hitching post alongside police vans and farmer’s trucks.

Rural settlements

This was Wild West country in the 19th century — and cross-border cattle rustling cases continue to figure large — but when I grew up, in the wake of the Second World War, it presented itself as a quiet village, in a prosperous farming area surrounded by very large ‘trust lands’ (in colonial- and apartheid-speak) of traditional Black peasant communities, where the place names were those of the presiding chiefs. This naming was a symptom of the colonial manipulation of the legal system, described by Mahmood Mamdani, to impose an autocratic and patriarchal ‘customary’ system, a heritage that lingers on in a democratic South Africa. In a legal practice like my father’s, there was a startling dichotomy between the well-paid work done for the prosperous white community with its commercial- and property-law needs, and the customary-law and criminal cases that came from the overwhelmingly larger black communities, dependent on legal aid or paying their fees in small cash installments to a clerk in a back office.

Village traders

I was thus aware at a young age of conflicting values at the intersection between western concepts of the law, its formal and Latinate expression and punctilious enforcement, and the needs of rural black communities; the problematic role that language played in the adversarial ritual of criminal court procedure, alien to many participants; and the difficulties inherent in responding to the needs of very large and widely geographically dispersed poor and disenfranchised communities. The stories my father told about his days in court as a defending attorney were often tales of incomprehension compounded by mistranslation.

This rural setting provides a vivid and useful map of divergent needs for access to legal information in the complexity of an African context. In fact this setting throws a stark spotlight on issues of legal access that are easily obscured in the global North. In an urban setting in South Africa, the issues would be different respecting details, but generally the same: the question is how to bridge the gap between the formalities and rituals of colonially-based and imported legal discourse and the ways in which the legal system impacts on the lives of most of the population. In this context, how does one transform into action Nick Holmes’s concerns, as expressed in his VoxPopuLII blog, about making the law accessible, i.e., suited to meeting the needs of citizens and lawyers in less privileged practices, in an appropriate language and format? Or, to use Isabel Moncion’s distinction between the law and justice, how does one communicate the law in such a way as to reach the people who need the information? And lastly — of vital importance in an African setting where resources are scarce — how does one make such a publishing enterprise sustainable?

I do not come to this discussion with a legal training. I would have become a lawyer, no doubt, like the generations of my father’s family, but 1950s gender stereotypes got in the way. Instead, I became an academic publisher, and then a consultant and researcher on the potential of digital media in Africa. This trajectory gives a particular coloration to my concerns for access to legal information in Africa: my approach brings together an acknowledgement of the need for professional skills and sustainability with an awareness of the serious limitations of the current publishing regime in providing comprehensive access to legal information.

Law publishing in South Africa

The fact that South Africa has a well-established legal publishing sector sets that nation apart from the rest of Africa. The strength of the legal publishing industry is a reflection not only of South Africa’s prosperity, but also of the distinctiveness of the South African legal system, a fusion of Romano-Dutch and British legal traditions. The uniqueness of this system meant that South African law publishing could not rely on purely British sources, and gave local South African legal publishers a market not subject to competition from Britain. However, the nature of this legal system also gave it a tendency, at least in its early stages, towards a particularly impenetrable mode of expression, fueled by the Latinisms of its Roman roots.

Lawyers in practice, the legal departments of big companies, and the courts are relatively well served by the South African legal publishing industry, and the system is self-sustaining. However, there are problems. One is that the industry still clings to print-based business models. The focus is on the readership that can pay and on the topics that are of interest to this readership. The danger resides in seeing this situation as sufficient: in seeing the relatively wealthy market being served as the whole market, and the narrow range of publications produced as satisfying the totality of publication needs. With the South African legal profession still struggling to diversify out of white male dominance, this is an important issue.

As global media have consolidated in the last few decades, South African legal publishers have shown a decreasing willingness to try to find ways of addressing commercially marginal markets. This has meant that, although mainstream legal publishers in South Africa have long produced digital publications, there is reliance on a high-price market model. In other countries one might talk of a failure to address niche markets, but in South Africa it is the mass of the population who are marginalised by this business model. A smaller specialist publisher, Simon Sefton’s Siber Ink, seems more aware than the bigger players of the need for accessible language and affordable prices for legal resources, as well as active social media engagement to create debates about key community issues.

Some hope of solutions to the question of access by otherwise marginalised readers lies in the development, on the margins of the publishing industry, of innovative smaller players leveraging digital media to reach new readerships, often using open source models that combine the free and the paid for.

Access to legal information – The role of government

The main efforts being put into access to legal information in South Africa are quite rightly focusing on government-generated information, which, being taxpayer funded, should be in the public domain and is indeed available on the South African Government Information site. Progress is being made by the Southern African Legal Information Institute (SAFLII) in improving the accessibility of primary legal resources, and success would mean the availability of a substantial body of information that would then be available for interpretation and translation.

Beyond this, government practice in ensuring this level of access is patchy. Some departments are good at posting legislation on their Websites, others less so. Government Gazettes, although theoretically accessible to all, can be difficult to find and navigate; and the collation of legislative amendments with the original Acts is also patchy. There is — at least in theory — an acceptance of the need in government for an open government approach, but the fact that there is a publishing industry serving the profession and the courts ironically reduces the pressure to achieve this goal.

South Africa Truth and Reconciliation Commission Report

The Truth and Reconciliation Commission

There is a danger, however, when government sees the print-publication profit model as the natural and only way of producing sustainable publications. This was brought home in 1998 with a very important publication: the Report on the Truth and Reconciliation Commission (TRC). This sad and salutary story is worth telling in some detail.  But first, a disclaimer: I was working at the time for the company that distributed the Report, and I was actively involved in securing the bid from publishers, although I was not supportive of the business model that was imposed in the end.

Five volumes of testimony, analysis, and findings from the Commission were produced to high production standards. The compilers saw the archival material that lay behind these volumes as ‘the Commission’s greatest legacy’ and the published volumes as ‘a window on this incredible resource, offering a road map to those who wish to travel into our past’ (p.2).  The Department of Justice, working on the stereotypical view of how publication works, insisted that production and printing costs had to be fully recovered. The Department set a high price to be charged by the appointed distributor, Juta Law and Academic Publishers.

The second set of problems arose with the digital version of the publication that Juta had offered to develop. The digital division of the legal publisher insisted on high prices. It was this inappropriate digital business model that created a row in the press. Then, a ‘pirate’ version of the publication was produced by the developer of the TRC Website, who claimed that he had the rights to a free online product. Public opinion was firmly behind the idea that the digital version should be free and that the publisher was profiteering out of South Africa’s pain.

In the end, hardly any copies of the Report were sold. The lesson was a hard one for a publishing company: digital content that is seen as part of the national heritage cannot be subjected to high-price commercial strategies.

The full text of the TRC Report is now online on the South African Government Information Website.

The LRC Website

Leaping the divide – Law and land

What is more difficult and diffuse is the route to providing access to really useful information that could help communities engage with the impact of legislation on their lives, whether the issue be housing policy or land tenure legislation, gender rights or press freedom.

If we go back to my initial example of rural communities and their access to the law, there is a dauntingly wide range of issues at stake — questions of individual agency, gender rights, fair labour practice, property rights and access to land, food sustainability, and a number of human rights issues – including legislative process as the ANC government implements the Communal Land Rights Act of 2004. In Matatiele, the village in which my father practised, there has been a long-drawn-out dispute about provincial boundaries, with the community challenging the legislative process in the Constitutional Court.

Questions of access to this kind of information are addressed in an ecosystem broader than the conventional publishing industry. NGOs and research units based in universities and national research councils address the wider concerns of community justice; using a variety of business models, these organizations produce a range of publications and work closely with communities. In the case of the Communal Land Rights Act, the Legal Resources Centre (LRC) supported a Constitutional Court challenge and published a book on the Act and its problems. The LRC, like other organisations of its kind, makes booklets, brochures, and reports freely available online. These efforts tend to be donor-funded and, increasingly, donors like the Canadian International Development Research Centre (IDRC) insist that publications be distributed under Creative Commons licenses. In the case of books published by commercial publishers, this means an open access digital version, and a print version for sale.

A major problem in providing commentary on legislative issues for the general public is that of ensuring a lack of bias. In the case of the Communal Land Rights Act — as well as for the other critical justice issues that it covers – the LRC explicitly aimed to provide a comprehensive insight into the issues for experts and the general public; the Centre accordingly placed the full text of its submissions to the hearings as well as answering affidavits on a CD-ROM and online. It also produces a range of resources, online text, and audio, targeted at communities.

Similar publication efforts are undertaken by a number of other NGOs and research centres — such as the Institute for Poverty, Land, and Agrarian Studies (PLAAS) at the University of the Western Cape and the African Centre for Cities at the University of Cape Town — on a wide range of issues. These organizations’ publishing activities tend to be interdisciplinary and the general practice is to place reports and other publications online for free download. There is a growing wave, in scholarly publishing in particular, to seek a redefinition of what constitutes ‘proper’ publishing; this process has yielded the notion of a continuum between scholarly (and professional) work and the ‘translation’ of this work into more accessible versions.

A useful strategic exercise would be to tag and aggregate the legal publishing contributions of NGOs and research centres — as these resources are often difficult to track, or hidden deep in university Websites — preferably with social networking spaces for discussion and evaluation.

Sustainability models

These civil society publishers are generally dependent on donor funding. What is needed is to recognise them as part of the publishing ecosystem. The question is how to create publishing models that can offer longer-term sustainability that might work beyond a well-resourced country like South Africa. The most promising and sustainable future looks to be in small and innovative digital companies using open source publishing models, offering free content as well as value-added services for sale. Examples are currently mostly to be found in textbook and training models, like the Electric Book Works Health Care series, which offers free content online, with payment for print books, training, and accreditation.

What is clear is that multi-pronged solutions must be found over time to the question of how to bridge the divide in African access to reliable and relevant legal information, and that a promising site for these solutions is the intersection between research and civil society organisations and community activists.

Eve GrayEve Gray is an Honorary Research Associate in the Centre for Educational Technology at the University of Cape Town and an Associate in the IP Law and Policy Research Unit. She is a specialist in scholarly communications in the digital age, working on strategies for leveraging information technologies to grow African voices in an unequal global environment.

Photos: Eve Gray CC BY

VoxPopuLII is edited by Judith Pratt. Editor-in-Chief is Robert Richards, to whom queries should be directed. The statements above are not legal advice or legal representation. If you require legal advice, consult a lawyer. Find a lawyer in the Cornell LII Lawyer Directory.