Print
See related documents
Recommendation 1897 (2010) Final version
Respect for media freedom
1. Recalling its Resolution 1535 (2007) on threats
to the lives and freedom of expression of journalists, the Parliamentary
Assembly notes with great concern that the number of attacks on
the media and journalists and other serious violations of media
freedom have increased and that at least 20 journalists have been
killed in Europe since 2007. These alarming facts require the resolute
reaffirmation that media freedom is a necessary condition for democracy
and thus for membership with the Council of Europe. Member states
and the Council of Europe must do more to ensure respect for media
freedom and the safety of journalists.
2. In its Resolution
1535 (2007), the Assembly resolved to establish a specific
monitoring mechanism for identifying and analysing attacks on the
lives and freedom of expression of journalists in Europe as well
as the progress made by national law enforcement authorities and
parliaments in their investigations of these attacks. In support
of this resolution, the Assembly welcomes and supports the appointment
of a rapporteur on media freedom in its Committee on Culture, Science
and Education.
3. The Assembly values highly the work of the Representative
on Freedom of the Media of the Organization for Security and Co-operation
in Europe (OSCE) and looks forward to continued and increased collaboration. It
also appreciates the active contribution of such organisations as
the International Federation of Journalists, the Association of
European Journalists, the European Newspaper Publishers Association,
Article 19, the International Press Institute and Reporters Without
Borders in identifying violations of media freedom.
4. The Assembly deplores the fact that, since the adoption of Resolution 1535 (2007),
the Russian Federation has failed to conduct a proper investigation
and to bring those responsible for the murder of Anna Politkovskaya
in Moscow on 7 October 2006 to justice and to ensure that journalists
can work freely and in safety. Since 2007, 13 more journalists have
lost their lives in Russia: Ivan Safronov, Vyacheslav Ifanov, Ilyas Shurpayev,
Gadji Abashilov, Sergey Protazanov, Magomed Yevloyev, Telman Alishayev,
Shafig Amrakhov, Anastasia Baburova, Vyacheslav Yaroshenko, Natalia
Estemirova, Abdulmalik Akhmedilov and Olga Kotovskaya.
5. The Assembly also deplores the fact that organised crime in
several member states is threatening the safety of journalists,
while law enforcement authorities remain ineffective against such
threats. The Assembly is saddened by the murders of Georgi Stoev
in Bulgaria on 7 April 2008, Ivo Pukanic and Niko Franjic in Croatia on
23 October 2008, as well as Cihan Hayirsevener in Turkey on 18 December
2009. Critical media play an important role in discovering and shedding
light on corruption and organised crime. The public has the right
to be informed about such facts by the media, which should be supported
by member states.
6. Recalling its Resolution
1438 (2005) on freedom of the press and the working conditions
of journalists in conflict zones, the Assembly deplores the fact
that the war between Russia and Georgia in 2008 took the lives of
Alexander Klimchuk, Grigol Chikhladze, Stan Storimans and Giorgi
Ramishvili.
7. The Assembly welcomes amendments made to Article 301 of the
Turkish Penal Code but deplores the fact that Turkey has neither
abolished Article 301 nor completed investigations into the murder
of Hrant Dink in Istanbul on 19 January 2007, especially as regards
possible failures of the police and security forces. Criminal charges
have been brought against many journalists under the slightly revised
Article 301, which still violates Article 10 of the European Convention
on Human Rights.
8. Referring to its Resolution
1577 (2007) “Towards decriminalisation of defamation”,
the Assembly reaffirms that defamation and insult laws must not
be used to silence critical comment and irony in the media. The
reputation of a nation, the military, historic figures or a religion
cannot and must not be protected by defamation or insult laws. Governments
and parliaments should clearly and openly reject false notions of national
interest evoked against the work of journalists. Nationalism must
never again become the misguided reason for killing journalists,
or depriving them of their rights or liberty.
9. The Assembly notes with concern that excessive sanctions have
been imposed on media outlets. Government members and parliamentarians
should not use their political influence to silence critical media,
but engage in a constructive debate through all media.
10. The Assembly reaffirms that the introduction of digital broadcasting
must not be used to discriminate for party political reasons against
individual broadcasters.
11. The Assembly therefore recommends that the Committee of Ministers:
11.1. review national legislation
and practice to ensure that anti-terrorism measures fully respect
media freedom in accordance with Recommendation 1706 (2005) on media
and terrorism;
11.2. assist member states in training their judges, law enforcement
authorities and police in respecting media freedom, in particular
as regards protection of journalists and media against violent threats;
11.3. give its full support to the mechanism proposed by the
Steering Committee on the Media and New Communication Services for
promoting compliance with Article 10 of the European Convention
on Human Rights and other Council of Europe standards on media freedom;
11.4. call on the governments of all member states, and in particular
those of Azerbaijan, the Russian Federation and Turkey, to revise
their defamation and insult laws and their practical application
in accordance with Assembly Resolution
1577 (2007);
11.5. call on the governments of all member states, and in particular
of Armenia, Azerbaijan, Moldova, the Russian Federation and Ukraine
as well as Belarus, to ensure fair and equal access of all political parties
and candidates to the media before elections and pay particular
attention to this issue when assessing future elections;
11.6. call on the Government of the Russian Federation to ensure
that the high number of murders of critical journalists are investigated
and brought to justice;
11.7. call on the Government of Armenia to revise their legislation
on the allocation of broadcasting licences, which was passed as
a countermeasure to the judgment of the European Court of Human Rights
in the case of Meltex Ltd and Mesrop
Movsesyan v. Armenia of 17 June 2008.
12. Referring to its Resolution
1636 (2008) on indicators for media in a democracy and
on the basic principles for assessing media freedom, the Assembly
asks the Secretary General of the Council of Europe to allocate
the resources necessary to:
12.1. collate
information on a continuing basis from media freedom organisations
including the International Federation of Journalists, the Association
of European Journalists, the European Newspaper Publishers Association,
Article 19, the International Press Institute, and Reporters Without Borders,
identifying violations of media freedom;
12.2. analyse this information on a systematic basis, country
by country, using the indicators for media freedom set out in Resolution 1636 (2008);
12.3. make such information publicly available in electronic
form on the website of the Council of Europe, as well as in print
form;
12.4. issue electronic and print reports on this information
and analysis to the governments and parliaments of member states
and to the media, at least every three months, highlighting the
important events of the most recent period in each country and requiring
remedy when necessary.
13. Referring to its Resolution
1387 (2004) on monopolisation of the electronic media
and possible abuse of power in Italy, and taking into account the
very fast development of the Italian audiovisual market from 2004
to the present day, the Assembly asks the European Commission for
Democracy through Law (Venice Commission) to prepare an opinion
on whether, and to what extent, legislation in Italy has been adapted
to take account of its Opinion on the compatibility of the laws
“Gasparri” and “Frattini” of Italy with Council of Europe standards
in the field of freedom of expression and pluralism of the media,
adopted by the Venice Commission at its 63rd Plenary Session (Venice,
10-11 June 2005).
14. The Assembly notes with concern the official warning addressed
by the Justice Ministry of Belarus on 13 January 2010 to the Belarusian
Association of Journalists, challenging the association’s internationally recognised
work in the interests of journalists, media and media freedom. Recalling
its Resolution 1372 (2004) on
the persecution of the press in the Republic of Belarus, the Assembly
reaffirms that media freedom is an essential condition for democracy
and a requirement for membership with the Council of Europe. The Assembly
calls on the authorities in Belarus not to abuse arbitral administrative
regulations to restrict unduly the rights to freedom of expression
and freedom of association under Articles 19 and 22 of the International Covenant
on Civil and Political Rights and Articles 10 and 11 of the European
Convention on Human Rights. As Belarus is an associate member of
the Venice Commission, the Assembly furthermore asks the Venice Commission
to analyse the compatibility of such a warning by the Justice Ministry
of Belarus with universal human rights standards.
15. The Assembly invites the parties to the Group of States against
Corruption (GRECO) Partial Agreement to emphasise in their work
the importance of media freedom and the role of investigative journalism
in combating corruption and to ask the European Union to accede
to GRECO.
16. The Assembly invites the European Union Agency for Fundamental
Rights as well as national human rights institutions in member states
to co-operate with the Council of Europe in assisting governments,
courts and media organisations with their pursuit of remedies for
serious violations of media freedom.
17. For the purposes of the publication proposed in paragraph
12 above, the Assembly invites the International Federation of Journalists,
the Association of European Journalists, the European Newspaper Publishers
Association, Article 19, the International Press Institute, Reporters
Without Borders and other media freedom organisations to continue
to provide regular information to the Assembly and the rapporteur
on media freedom of the Committee on Culture, Science and Education
on serious violations of media freedom in Europe which may require
interparliamentary attention and follow-up.