Doc. 9015

3 April 2001

Media and democratic culture

Recommendation 1407 (1999)

Reply from the Committee of Ministers

adopted at the 747th meeting of the Ministers’ Deputies (28 March 2001)

The Committee of Ministers has carefully studied Parliamentary Assembly Recommendation 1407 (1999) on media and democratic culture.

 

As it has often been made clear in various legal instruments and political texts which it has adopted, the Committee of Ministers attaches the highest importance to the unfettered exercise of freedom of expression and information through free, independent and pluralist media, in accordance with Article 10 of the European Convention of Human Rights. In the same spirit, the Committee of Ministers recalls the important place it has given to this question in the context of its monitoring of the respect of obligations undertaken by member states.

From this point of view, the Committee of Ministers understands and shares the concerns expressed by the Parliamentary Assembly in this recommendation. Notwithstanding the differences in the situation of the media throughout Europe, it is essential for public authorities to establish an appropriate legal framework that ensures that this fundamental freedom can be properly exercised, whilst acknowledging at the same time the importance and value of self-regulatory measures taken by the media themselves in order to exercise their activities in a responsible manner. The Committee of Ministers recalls that it has adopted a number of recommendations which draw attention to the rights and responsibilities of the media. Apart from the legal requirements indicated by the Parliamentary Assembly, it is also very important for the public authorities to ensure that the legal framework is actually implemented from day to day in accordance with the requirements of a democratic society.

 

The Committee of Ministers also shares the Assembly’s concern about the need to monitor closely the state of freedom of the media in European member and non-member countries and recalls in this connexion the Declaration adopted at the first Summit of Council of Europe Heads of State and Government (Vienna, October 1993), which stated that "guaranteed freedom of expression and notably of the media (…) must remain (…) [a] decisive [criterion] for assessing any application for membership".

 

As for the specific recommendations of the Parliamentary Assembly, the Committee of Ministers wishes to refer to the appended opinion of the Steering Committee on the Mass Media (CDMM), to which it can generally subscribe. It affirms its determination to assist member states and applicant countries, in particular through legislative expertises as well as information and training activities, so that they comply with the requirements of Article 10 of the European Convention on Human Rights.

Appendix

Opinion of the CDMM on Parliamentary Assembly Recommendation 1407 (1999)

on Media and Democratic Culture

General remarks

The Steering Committee on the Mass Media (CDMM) welcomes Parliamentary Assembly Recommendation 1407 (1999) in that it echoes the CDMM’s concern to promote the exercise of freedom of expression and information through free, independent and pluralist media, in accordance with Article 10 of the European Convention on Human Rights.

The CDMM agrees with the Parliamentary Assembly that, notwithstanding the differences in the situation of the media throughout Europe and each country’s own traditions, it is essential for public authorities to establish a regulatory framework that ensures that this fundamental freedom can be properly exercised. The CDMM notes that national parliaments bear a key responsibility in this respect when called upon to pass new legislation regulating the exercise of freedom of expression and the activities of the media. From this point of view, the Parliamentary Assembly can play a major role in helping to establish regulatory frameworks that meet the demands of a democratic society, both in member States and in countries wishing to join the Council of Europe. It can play this role both through contacts with national parliaments and in the course of its own activities, in particular the procedure for monitoring member States’ compliance with their commitments which it has set up alongside the Committee of Ministers’ procedure.

Apart from the legal requirements specified by the Parliamentary Assembly, it is also – and equally – important for public authorities to ensure that the regulatory framework is actually implemented in accordance with the requirements of a democratic society. As mentioned by the Parliamentary Assembly, this is particularly true as regards rulings by national courts on cases involving freedom of expression and as regards the organisation and supervision of the broadcasting sector by the relevant regulatory authorities. While national parliaments cannot and must not interfere with the activities of the courts or the regulatory authorities, which must be fully independent, they can help to create a climate in which the latter operate in a manner in keeping with the principles of a democratic society, in particular by making appropriate use of the budgetary powers of parliament.

The allocation of adequate funding for training judges in the complex issues concerning regulation of freedom of expression and of the media and, more generally, in human rights issues can be an effective means of ensuring that the administration of justice complies with the requirements of Article 10 of the European Convention on Human Rights. At the same time, when broadcasting regulators are funded by State budget, providing them with funds that enable them to perform their tasks fully without having to seek support from other authorities clearly is an important means of guaranteeing the independence that must be theirs.

The same applies to the funding of public service broadcasting, to which the Parliamentary Assembly rightly attaches particular attention in Recommendation 1407. In this respect, the CDMM recalls the political undertaking made by the member States at the 4th European Ministerial Conference on Mass Media Policy (Prague, December 1994) “to maintain and, where necessary, establish an appropriate and secure funding framework which guarantees public service broadcasters the means necessary to accomplish their missions.”

The CDMM agrees with the Parliamentary Assembly that the exercise of freedom of expression and information entails responsibilities, as explicitly mentioned in Article 10, paragraph 2, of the European Convention on Human Rights. This being said, the CDMM would reiterate and confirm the view expressed by the Committee of Ministers in its reply to Parliamentary Assembly Recommendation 1215 (1993) on the ethics of journalism, namely that having recourse to legislative intervention is by no means the most appropriate device for reconciling media freedom with other rights and values, as an approach of that kind “might well encourage and enable policy makers to interfere with media freedom under the guise of promoting responsible journalism.”

Along the same general lines, the CDMM has always been and remains in favour of promoting self-regulation of the media on the basis of rules freely consented to by the profession on issues concerning the ethics of journalism. This does not rule out the possibility of the authorities intervening through legislation or regulations when fundamental interests such as the protection of human dignity, minors or pluralism are at stake.

Particular comments on the various recommendations made to the Committee of Ministers

Recommendation No. 1:

The CDMM fully shares the Parliamentary Assembly’s concern about the need to “monitor closely the state of freedom of the press in European member and non-member countries”, with the proviso that the term “press” should be taken to cover not only the written press but also the broadcast media and the new information and communication services. In this connection, the CDMM recalls the Declaration adopted at the 1st Summit of Council of Europe Heads of State and Government (Vienna, October 1993), which stated that “guaranteed freedom of expression and notably of the media (…) must remain (…) [a] decisive [criterion] for assessing any application for membership.”

The CDMM notes that the procedure launched by the Committee of Ministers in 1996 for monitoring member States’ honouring of their commitments in the field of freedom of expression and information, which is still under way, goes some way towards meeting the Parliamentary Assembly’s concerns. The CDMM believes that the effectiveness of the procedure could be boosted, in particular through closer political monitoring of the action taken on the recommendations made during the expert missions organised by the Council of

Europe to assess draft legislation concerning freedom of expression and the media.

At the same time, the CDMM would point out that the tasks listed by the Assembly correspond to the terms of reference of the OSCE Representative on Freedom of the Media, with whom the Council of Europe has co-operated since he took office. Any expansion of the monitoring procedures would therefore have to be co-ordinated with the OSCE Representative.

Recommendation No. 2:

In principle, the CDMM fully endorses the Parliamentary Assembly’s recommendation that the Council of Europe’s co-operation and assistance activities in the media sector should be developed further. In this connection, the CDMM would point out that particularly close attention and adequate levels of resources should be directed towards these co-operation and assistance activities in the context of the Council of Europe’s contribution to the implementation of the Stability Pact for South-Eastern Europe, given that the media will play an essential role in developing democratic societies based on the principles of tolerance and mutual understanding in that region.

With regard to the various specific areas mentioned by the Assembly, the CDMM would make the following comments:

- As far as public access to information is concerned, the CDMM recalls that the Steering Committee for Human Rights (CDDH) deals with the issue at intergovernmental level through a Group of Specialists (DH-S-AC) it set up in 1997. The recommended drafting of guidelines on public access to information falls within that committee’s remit. In addition, a number of activities have been and still are being carried out, as part of the Council of Europe’s co-operation and assistance programme, with a view to promoting public access to official information (expert opinions on draft legislation on the matter, training for public information officials). The CDMM agrees that such activities should be further developed, as public access to official information is a precondition for the functioning of a democratic society. In particular, this question should be given the fullest attention in the context of the Council of Europe’s contribution to the implementation of the Stability Pact for South-Eastern Europe.

- With regard to the drafting of guidelines on the right to privacy, the CDMM notes that the Assembly’s recommendation lacks clarity as to whom such guidelines would be addressed and the form they would take. If the guidelines are to be for media professionals, in particular journalists, the CDMM would stress that, apart from any national legislation protecting privacy, the answer to this question lies above all in the adoption of self-regulatory measures by media professionals themselves. It should also be borne in mind that the question of violations of privacy concerns not only media professionals but also other individuals and groups, in particular public figures who deliberately seek publicity and the public at large.

- Any initiative in this area would therefore have to be preceded by a thorough examination of all the interests at stake and of the respective responsibilities of all the parties involved. It was precisely with this aim that a conference on freedom of expression and privacy was organised under the CDMM’s authority in September 1999. In the light of the conclusions drawn from the conference, the CDMM will consider in the months ahead whether any initiatives should be taken to ensure a proper balance between the right to privacy and the right to freedom of expression and information. The Parliamentary Assembly will be informed of the CDMM’s conclusions.

- With regard to the disclosure of information on the holders of political or public office, the CDMM would draw the Parliamentary Assembly’s attention to the fact that it started work in this area this year in connection with the Committee of Ministers’ monitoring procedure on freedom of expression and information, through its Group of Specialists on media law and human rights (MM-S-HR). The Parliamentary Assembly will be notified in due course of the conclusions of this work and of any steps the CDMM may recommend that the Committee of Ministers take.

- Lastly, with regard to fair coverage by the media during election campaigns, the CDMM would point out that it has devoted full attention to this issue for a number of years, given its importance to the functioning of genuine democracy. The work done under the CDMM’s auspices led to the adoption by the Committee of Ministers on 9 September 1999 of Recommendation No. R (99) 15 on measures concerning media coverage of election campaigns. In addition, a number of co-operation and assistance activities have been conducted on the subject in various member States, involving information and training sessions both for media professionals and for the relevant official circles in these countries (broadcasting regulators, government departments, etc). The CDMM believes that these activities should be continued, on the basis of the above Recommendation and the information handbook prepared on the subject under the CDMM’s authority. The Parliamentary Assembly could make a contribution to this effort itself by circulating these texts widely among national parliaments and referring to them during its election monitoring exercises in member States and applicant countries. The CDMM believes that the question of the fair coverage of election campaigns by the media should also receive the fullest attention in the monitoring procedures conducted by the Committee of Ministers and the Parliamentary Assembly. In this connection, monitoring should not be limited to the conduct of the media themselves but should also cover the conduct of the authorities towards the media during election campaigns.

Recommendation No. 3:

The CDMM notes that, although crucially important, this recommendation is very general in nature. The CDMM feels bound to refer to the various relevant Committee of Ministers procedures, in particular the procedure for monitoring member States’ honouring of their commitments, on which it has already commented.

Recommendation No. 4:

As already indicated, the CDMM fully endorses the Assembly’s view that particular emphasis should be placed on, and adequate resources made available for, Council of Europe co-operation and assistance activities in the media sector, in particular as part of the Council of Europe’s contribution to the implementation of the Stability Pact for South-Eastern Europe.

Recommendation No. 5:

The CDMM agrees with the Parliamentary Assembly that particular attention should be paid to developing public service broadcasting in central and east European countries, given that such broadcasting is still not firmly established in some of those countries, in particular because of a lack of full independence. The expert appraisals of draft legislation on public service broadcasting organised to date by the Council of Europe should be continued, and there should be closer monitoring of the implementation of the recommendations made at the time of these appraisals. In addition to this work on the legislative framework, adequate resources should be made available to permit the organisation of co-operation and assistance activities that enable real changes to take place in the structures and working methods of public service broadcasters in central and east European countries, both in managerial and in editorial terms.

Recommendation No. 6:

The CDMM would point out that a number of awareness-raising and information activities on self-regulation have already been carried out by the Council of Europe, both as part of the intergovernmental work programme and in connection with co-operation and assistance activities in the media sector. Other organisations have also taken similar initiatives and are carrying them forward. The CDMM believes that these efforts should be continued, in particular as part of the Council of Europe’s contribution to the implementation of the Stability Pact for South-Eastern Europe. As already indicated, appropriate funding should be made available to this end.

Recommendation No. 7:

The CDMM recalls that the question of media concentration and pluralism has been on its agenda for many years. Its efforts in this area have already led to the adoption by the Committee of Ministers of Recommendation No. R (99) 1 on measures to promote media pluralism. Further to this Recommendation, the CDMM set up a new Group of Specialists on Media Pluralism (MM-S-PL) this year, which is looking into the impact of the new communication technologies and services on pluralism. This issue will be debated at the 6th European Ministerial Conference on Mass Media Policy (Cracow, 15-16 June 2000), for which a policy document covering the question of media concentration and pluralism will be prepared. The Parliamentary Assembly will be kept informed of the state of progress of the preparations for the Ministerial Conference through its representatives at the CDMM’s meetings.

As regards the remaining points, the CDMM notes that ensuring editorial independence in countries where economic conditions do not allow media enterprises to function completely independently is clearly a crucial issue, but one that goes far beyond its remit and powers and those of the Council of Europe in general, as it raises the question of the state of the economy in the countries concerned. This being so, the CDMM would point out that national parliaments themselves can help to solve this problem by establishing adequately funded financial support schemes for the media, bearing in mind that they should operate on the basis of objective criteria and open procedures so as to avoid any politically motivated discrimination between media outlets. The Parliamentary Assembly could play a useful role here by encouraging the parliaments of countries where such problems exist to take appropriate action.

Recommendation No. 8:

The CDMM recalls that a large number of training sessions for journalists have been organised with the Council of Europe’s support since the beginning of the 1990s under the Medium-Term Training Programme (MTTP) for media professionals, with journalists from central and east European countries being the principal beneficiaries. The training has addressed the professional ethics issues raised by the Parliamentary Assembly, while also covering other fundamental questions such as media management. The CDMM believes that the programme should be continued in member States and applicant countries as and when corresponding needs arise, given that the training of media professionals is crucial to the lasting development of free and pluralist media. Very special attention should be paid to this question when implementing the Stability Pact for South-Eastern Europe, as the media and media professionals will play a central role in restoring a climate of tolerance and mutual understanding – and hence of stability – in the region.

The CDMM agrees that it is important to educate the public about the media, including the use of the new communication and information services. However, this is an issue likely to concern several different sectors of the Council of Europe, in particular the intergovernmental committees dealing with education. The CDMM is willing to support initiatives which these other committees may take on media education, provided its own work programme allows it to do so.

Recommendation No. 9:

The CDMM wishes to point out that its Secretariat alone is responsible for implementing the intergovernmental co-operation and assistance activities in the media field. The problem of co-ordination raised by the Parliamentary Assembly does not therefore arise in practice. This being so, other Council of Europe sectors with an interest in the matter, in particular the Office of the Clerk of the Parliamentary Assembly, are kept informed about these activities and their results.

In addition, close co-operation already takes place with the other bodies mentioned by the Parliamentary Assembly, both at the intergovernmental level (through hearings, written consultations, attendance by observers at meetings) and through the co-operation and assistance activities in the media field, in particular the above-mentioned Medium-Term Training Programme (MTTP) for media professionals.

Recommendation No. 10:

The CDMM wishes to assure the Parliamentary Assembly that co-operation and complementarity between its own activities and those of the bodies mentioned by the Assembly are central to its concerns. This is demonstrated by the European Commission’s participation in the meetings of the CDMM and its subordinate bodies and UNESCO’s participation in the work of some of the latter. Conversely, the CDMM Secretariat’s participation in the meetings of the Contact Committee of the European Union “Television without Frontiers” Directive also reflects the same concern, given the parallels between the Directive and the Council of Europe’s Convention on Transfrontier Television.

In the case of the OSCE, co-operation has been established on an ad hoc basis with its Representative on Freedom of the Media through regular exchanges of information and documents. Apart from these exchanges, closer co-operation is also possible, as demonstrated by the analysis of the Serbian law on public information carried out by a Council of Europe expert this year at the request of the OSCE Representative. In addition, some expert appraisals of media legislation have been conducted by the Council of Europe at the initiative of, and in co-operation with, OSCE missions in certain countries. This co-operation will be continued in the future, in particular in connection with the implementation of activities concerning the media under the Stability Pact for South-Eastern Europe.