Charter of Ballmedia
WE THE MEMBERS OF BALLMEDIA DETERMINED
to save wikis from the scourge of raiding, toxic behavior, and censorship, which in our lifetime has brought untold suffering to wiki users, and
to reaffirm faith in fundamental rights, in the dignity and worth of the users, in the equal rights of members and moderators and of wikis large and small, and
to establish conditions under which justice and respect for the obligations arising from treaties and other sources of interwiki law can be maintained, and
to promote administrative progress and better standards of content in larger freedom,
AND FOR THESE ENDS
to practice tolerance and live together in peace with one another as good neighbors, and
to unite our strength to maintain stability, and
to ensure, by the acceptance of principles and the institution of methods, that raiding shall not be used, save in the common interest, and
to employ interwiki machinery for the promotion of the content and aesthetics advancement of all wikis,
HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS.
Accordingly, our respective Wikis, through representatives assembled in Miraheze, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of Ballmedia and do hereby establish an interwiki organization to be known as Ballmedia.
Chapter I: Purposes and Principles
The Purposes of the Ballmedia are:
- To maintain interwiki stability, and to that end: to take effective collective measures for the prevention and removal of threats to stability, and for the suppression of acts of aggression or other breaches of stability, and to bring about by peaceful means, and in conformity with the principles of justice and interwiki law, adjustment or settlement of interwiki disputes or situations which might lead to a breach of stability;
- To develop friendly relations among wikis based on respect for the principle of equal rights and self-determination of users, and to take other appropriate measures to strengthen interwiki stability;
- To achieve interwiki co-operation in solving interwiki problems, and in promoting and encouraging respect for user rights and for fundamental freedoms for all; and
- To be a center for harmonizing the actions of wikis in the attainment of these common ends.
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
- The Organization is based on the principle of the sovereign equality of all its Members.
- All Wikis, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
- All Wikis shall settle their interwiki disputes by peaceful means in such a manner that interwiki stability, and justice, are not endangered.
- All Wikis shall refrain in their interwiki relations from the threat or use of force against the integrity or sovereignty of any wiki, or in any other manner inconsistent with the Purposes of the Ballmedia.
- All Wikis shall give Ballmedia every assistance in any action it takes in accordance with the present Charter and shall refrain from giving assistance to any wiki against which Ballmedia is taking preventive or enforcement action.
- The Organization shall ensure that states which are not Members of Ballmedia act in accordance with these Principles so far as may be necessary for the maintenance of interwiki stability.
Chapter II: Membership
- Membership in Ballmedia is open to all other wikis who accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
- The admission of any such wiki to membership in Ballmedia will be affected by a decision of the Board of Wiki Representatives upon the recommendation of the Network Council.
A Wiki of Ballmedia against which preventive or enforcement action has been taken by the Network Council may be suspended from the exercise of the rights and privileges of membership by the Board of Wiki Representatives upon the recommendation of the Network Council. The exercise of these rights and privileges may be restored by the Network Council.
A Wiki of Ballmedia which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the Board of Wiki Representatives upon the recommendation of the Network Council.
Chapter III: Organs
- There are established as principal organs of Ballmedia: Board of Wiki Representatives and Network Council.
- Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.
Chapter IV: Board of Wiki Representatives
- Board of Wiki Representatives shall consist of all the Members of Ballmedia.
- All local sysops, bureaucrats and the wiki owner will be automatically added to the Board of Wiki Representatives upon the wiki successfully entering the Ballmedia Network.
FUNCTIONS AND POWERS
Board of Wiki Representatives may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and may make recommendations to the Members of Ballmedia or to the Network Council or to both on any such questions or matters.
- Board of Wiki Representatives may consider the general principles of co-operation in the maintenance of interwiki stability and may make recommendations with regard to such principles to the Members or to the Network Council or to both.
- Board of Wiki Representatives may discuss any questions relating to the maintenance of interwiki stability brought before it by any Member of Ballmedia, or by the Network Council, or by a wiki which is not a Member of the Ballmedia, may make recommendations with regard to any such questions to the wiki or wikis concerned or to the Network Council or to both. Any such question on which action is necessary shall be referred to the Network Council by the Board of Wiki Representatives either before or after discussion.
- Board of Wiki Representatives may call the attention of the Network Council to situations that are likely to endanger interwiki stability.
- While the Network Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the Board of Wiki Representatives shall not make any recommendation with regard to that dispute or situation unless the Network Council so requests.
- The Network Director, with the consent of the Network Council, shall notify the Board of Wiki Representatives at each session of any matters relative to the maintenance of interwiki stability which are being dealt with by the Network Council and shall similarly notify the Board of Wiki Representatives, or the Members of the Ballmedia if the Board of Wiki Representatives is not in session, immediately the Network Council ceases to deal with such matters.
Board of Wiki Representatives shall initiate studies and make recommendations for the purpose of:
- promoting interwiki co-operation in the content, cultural and administrative field and encouraging the progressive development of interwiki law and its codification;
- and assisting in the realization of user rights and fundamental freedoms for all.
The Board of Wiki Representatives may recommend measures for the adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among wikis, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of Ballmedia.
- The Board of Wiki Representatives shall receive and consider annual and special reports from the Network Council; these reports shall include an account of the measures that the Network Council has decided upon or taken to maintain interwiki stability.
- The Board of Wiki Representatives shall receive and consider reports from the other organs of Ballmedia.
- Each wiki of the Board of Wiki Representatives shall have one vote.
- Decisions of the Board of Wiki Representatives on important questions shall be made by a two-thirds majority of the members present and voting.
The Board of Wiki Representatives shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Network Director at the request of the Network Council or of a majority of the Members of Ballmedia.
The Board of Wiki Representatives may establish such subsidiary organs as it deems necessary for the performance of its functions.
Chapter V: The Network Council
- The Network Council shall consist of Network Director, Network Consuls, and Network Sysops with the number of Network Consuls and Network Sysops can be changed depending on the situation. In the first instance to the contribution of Members of Ballmedia to the maintenance of interwiki stability and to the other purposes of the Organization.
- The Network Director of the Network Council shall be elected for a term of six months. A retiring consul is eligible for immediate re-election and second term.
FUNCTIONS AND POWERS
- In order to ensure prompt and effective action by Ballmedia, its Members confer on the Network Council primary responsibility for the maintenance of interwiki stability and agree that in carrying out its duties under this responsibility the Network Council acts on their behalf.
- In discharging these duties the Network Council shall act in accordance with the Purposes and Principles of Ballmedia.
- The Network Council shall submit annual and, when necessary, special reports to the Board of Wiki Representatives for its consideration.
The Members of Ballmedia agree to accept and carry out the decisions of the Network Council in accordance with the present Charter.
In order to promote the establishment and maintenance of interwiki stability, the Network Council shall be responsible for co-moderation and co-administration of Ballmedia wikis, with the assistance of local wikis staff. That includes their respective discord server, subreddit, and any other form of media and communication that correlate to the wiki, the staff, and their community.
- Each consul and sysop of the Network Council shall have one vote.
- Decisions of the Network Council on procedural matters shall be made by an affirmative vote of Network Consuls and Network Sysops.
- Decisions of the Network Council on all other matters shall be made by an affirmative vote of Network Consuls and Network Sysops.
- The Network Council shall be so organized as to be able to function continuously. Each consul of the Network Council shall for this purpose be represented at all times at the seat of the Organization.
- The Network Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the wiki or by some other specially designated representative.
The Network Council may establish such subsidiary organs as it deems necessary for the performance of its functions.
The Network Council shall adopt its own rules of procedure, including the method of selecting its Network Director.
Any Member of Ballmedia who is not a member of the Network Council may participate, without vote, in the discussion of any question brought before the Network Council whenever the latter considers that the interests of that Member are specially affected.
Any Member of Ballmedia which is not a member of the Network Council or any wiki who is not a Member of Ballmedia, shall be invited to participate, without vote, in the discussion relating to the issues brought before the Network Council. The Network Council shall lay down such conditions as it deems just for the participation of a wiki that is not a Member of Ballmedia.
Chapter VI: Settlement of Disputes
- The parties to any dispute, the continuance of which is likely to endanger the maintenance of interwiki stability, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to local agencies or arrangements, or other peaceful means of their own choice.
- The Network Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
The Network Council may investigate any dispute, or any situation which might lead to interwiki friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of interwiki stability.
- Any Member of Ballmedia may bring any dispute to the attention of the Network Council or of the Board of Wiki Representatives.
- A wiki that is not a Member of Ballmedia may bring to the attention of the Network Council or of the Board of Wiki Representatives any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of settlement provided in the present Charter.
- The proceedings of the Board of Wiki Representatives in respect of matters brought to its attention under this Article will be subject to the provisions of the Charter.
- The Network Council may, at any stage of a dispute or of a situation of like nature, recommend appropriate procedures or methods of adjustment.
- The Network Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.
- Should the parties to a dispute fail to settle it by the means indicated in the Charter, they shall refer it to the Network Council.
- If the Network Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of interwiki stability, it shall decide whether to take action or to recommend such terms of settlement as it may consider appropriate.
Chapter VII: Action with Respect to Threats to Stability, Breaches of Security, and Acts of Aggression
The Network Council shall determine the existence of any threat to stability, breach of security, or act of aggression and shall make recommendations, or decide what measures shall be taken, to maintain or restore interwiki stability.
In order to prevent an aggravation of the situation, the Network Council may, before making the recommendations or deciding upon the measures, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Network Council shall duly take account of failure to comply with such provisional measures.
The Network Council may decide what measures are to be employed to give effect to its decisions, and it may call upon the Members of Ballmedia to apply such measures.
- All Members of Ballmedia, in order to contribute to the maintenance of interwiki stability, undertake to make available to the Network Council, on its call and in accordance with a special agreement or agreements, moderation power, assistance, and sysop tools, including user rights of ban, necessary for the purpose of maintaining interwiki stability.
- Such agreement or agreements shall govern the numbers and types of rights, their degree of power, and the nature of the permission and assistance to be provided.
- The agreement or agreements shall be negotiated as soon as possible on the initiative of the Network Council. They shall be concluded between the Network Council and Members or between the Network Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.
When the Network Council has decided to use force it shall, before calling upon a Member not represented on it to provide moderation forces in fulfillment of the obligations assumed under Article 35, invite that Member, if the Member so desires, to participate in the decisions of the Network Council concerning the employment of contingents of that Member's moderation staff.
In order to enable Ballmedia to take urgent moderation measures, Members shall hold immediately available moderation staff for combined interwiki enforcement action. The strength and degree of readiness of these staff and plans for their combined action shall be determined within the limits laid down in the special agreement or agreements referred to in Article 35, by the Network Council with the assistance of the moderation staff.
The Members of Ballmedia shall join in affording mutual assistance in carrying out the measures decided upon by the Network Council.
If preventive or enforcement measures against any wiki are taken by the Network Council, any other wiki, whether a Member of Ballmedia or not, which finds itself confronted with special problems arising from the carrying out of those measures shall have the right to consult the Network Council with regard to a solution of those problems.
Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if a raid occurs against a Member of Ballmedia, until the Network Council has taken measures necessary to maintain interwiki stability. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Network Council and shall not in any way affect the authority and responsibility of the Network Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore interwiki stability.
Chapter VIII: Interwiki Arrangements
- Nothing in the present Charter precludes the existence of interwiki arrangements for dealing with such matters relating to the maintenance of interwiki stability as are appropriate for wiki action provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of Ballmedia.
- The Members of Ballmedia entering into such arrangements shall make every effort to achieve peaceful settlement of interwiki disputes through such interwiki arrangements before referring them to the Network Council.
- The Network Council shall encourage the development of peaceful settlement of interwiki disputes through such interwiki arrangements either on the initiative of the wikis concerned or by reference from the Network Council.
- This Article in no way impairs the application of Articles 28 and 29.
- The Network Council shall, where appropriate, utilize such interwiki arrangements for enforcement action under its authority. But no enforcement action shall be taken under interwiki arrangements without the authorization of the Network Council, with the exception of measures against any rogue wiki, as defined in paragraph 2 of this Article, until such time as the Organization may, on request of the wikis concerned, be charged with the responsibility for preventing further aggression by such a wiki.
- The term rogue wiki as used in paragraph 1 of this Article applies to any wiki which conducts harmful practices like commits raiding against a specific wiki or wikis; ignite, and perpetuates hostility toward a specific wiki or wikis, individual and community of any wiki.
The Network Council shall at all times be kept fully informed of activities undertaken or in contemplation under interwiki arrangements for the maintenance of interwiki stability.
Chapter IX: Interwiki Development and Cooperation
With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among wikis based on respect for the principle of equal rights and self-determination of users, Ballmedia shall promote:
- higher standards of content, and conditions of cultural and aesthetics progress and development;
- solutions of interwiki content, edit, moderation, and related problems; and interwiki cooperation.
In regard to the cooperation among Ballmedia-affiliated wikis,
- The Network Council may make or initiate studies and reports with respect to interwiki content, articles, culture, administration, moderation, and related matters and may make recommendations with respect to any such matters to the Board of Wiki Representatives to the Members of Ballmedia, and to the specialized agencies concerned.
- It may make recommendations for the purpose of promoting respect for, and observance of, user rights and fundamental freedoms for all.
- It may prepare draft conventions for submission to the Board of Wiki Representatives, with respect to matters falling within its competence.
- It may call, in accordance with the rules prescribed by Ballmedia, interwiki conferences on matters falling within its competence.
All Members pledge themselves to take joint and separate action in co-operation with Ballmedia for the achievement of the purposes set forth in Article 44.
- The various specialized agencies, established by interwiki agreement and having wide interwiki responsibilities, as defined in their basic instruments, shall be brought into relationship with Ballmedia.
- Such agencies thus brought into relationship with Ballmedia are hereinafter referred to as specialized agencies.
Ballmedia shall make recommendations for the coordination of the policies and activities of the specialized agencies.
Ballmedia shall, where appropriate, initiate negotiations among the wikis concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 46.
Chapter X: Ballmedia Staff
Article 50 The Network Director shall be appointed by the Board of Wiki Representatives upon the recommendation of the Network Council. He shall be the chief administrative officer of Ballmedia.
The Network Director shall act in that capacity in all meetings of the Board of Wiki Representatives, and of the Network Council, and shall perform such other functions as are entrusted to him by these organs. The Network Director shall make an annual report to the Board of Wiki Representatives on the work of Ballmedia.
The Network Director may bring to the attention of the Network Council any matter which in his opinion may threaten the maintenance of interwiki stability.
- In the performance of their duties, the Network Director, the Network Consul and the Network Sysop staff shall not seek or receive instructions from any wiki or from any other authority external to Ballmedia. They shall refrain from any action which might reflect on their position as interwiki officials responsible only to the Organization.
- Each Member of Ballmedia undertakes to respect the exclusively interwiki character of the responsibilities of the Network Director, the Network Consul and the Network Sysop staff and not to seek to influence them in the discharge of their responsibilities.
- The Network Consul and the Network Sysop staff shall be appointed by the Network Director under regulations established by the Board of Wiki Representatives.
- Appropriate Network Consul and Network Sysop staff shall be permanently assigned to the Network Council, and, as required, to other organs of Ballmedia.
- The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff as wide on an interwiki basis as possible so each wiki can have an equal voice and influence on Ballmedia.
Chapter XI: Amendments
Amendments to the present Charter shall come into force for all Members of Ballmedia when they have been adopted by a vote of two-thirds of the members of the Board of Wiki Representatives and ratified in accordance with their respective constitutional processes by two-thirds of the Members of Ballmedia, including all the members of the Network Council.
- A General Conference of the Members of Ballmedia for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the Board of Wiki Representatives and by a vote of members of the Network Council. Each Member of Ballmedia shall have one vote in the conference.
- Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two-thirds of the Members of Ballmedia including all the members of the Network Council.
Chapter XII: Ratification and Signature
- The present Charter shall be ratified by the signatory wikis in accordance with their respective constitutional processes.
- The ratifications shall be deposited with the Polandball Wiki, which shall notify all the signatory wikis of each deposit as well as the Network Director of Ballmedia when he has been appointed.
- The present Charter shall come into force upon the deposit of ratifications by a majority of the other signatory wikis. A protocol of the ratifications deposited shall thereupon be drawn up by the Polandball Wiki which shall communicate copies thereof to all the signatory wikis.
The present Charter, of which the non-English texts are equally authentic, shall remain deposited in the archives of Polandball Wiki. Duly certified copies thereof shall be transmitted by that wiki to the wikis of the other signatory wikis.
In Faith Whereof the representatives of the wikis of Ballmedia have signed the present Charter. DONE on the third day of October, two thousand and twenty-one.