Draft resolution
1The Parliamentary Assembly reiterates the importance
of media freedom for democracy. Media create the public space for
the dissemination of information and the expression of opinions.
Media freedom therefore constitutes an important index for democracy,
political freedoms and the rule of law in a country or region.
Tabled by the Committee on Culture, Science, Education and Media
In the draft resolution, paragraph 1, insert the following phrase at the begining of the paragraph:
"Condemning in the strongest possible terms the terrorist attack on the French magazine Charlie Hebdo in Paris on 7 January 2015,"
Tabled by the Committee on Culture, Science, Education and Media
In the draft resolution, at the end of paragraph 1, insert the following sentence:
"Any attack on media and journalists is an attack on a democratic society."
Tabled by Mr René ROUQUET, Mr Gvozden Srećko FLEGO, Mr Frédéric REISS, Mr Jean-Claude MIGNON, Ms Nicole DURANTON, Mr Jean-Yves LE DÉAUT, Mr François GROSDIDIER, Mr Rudy SALLES
In the draft resolution, after paragraph 1, insert the following paragraph:
"Appalled by the horrible and cowardly crimes committed in Paris, the Assembly underlines the importance it attaches to freedom of expression, one of the cornerstones of democracy. When in a society fear and self-censorship take the place of freedom to criticise and investigate, democracy is undeniably ailing. The freedom and safety of journalists is also our freedom and our safety."
2Deeply concerned about the deterioration of the safety of
journalists and media freedom in Europe, the Assembly urges member
States to step up their domestic and multilateral efforts for the
respect of the human rights to freedom of expression and information
as well as to the protection of the life, liberty and security of those
working for and with the media. Democracy and the protection of
human rights depend on media freedom.
Tabled by the Committee on Culture, Science, Education and Media
In the draft resolution, after paragraph 2, insert the following paragraph:
"The Assembly recalls that political criticism and satire must be protected as an essential part of media freedom. Freedom of expression is applicable not only to information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the state or any sector of the population, subject only to the conditions and restrictions foreseen in the European Convention on Human Rights."
3Recalling Recommendation
1702 (2005) on freedom of the press and the working conditions of journalists
in conflict zones, the Assembly condemns the alleged targeted attacks
on journalists in the armed conflict in eastern Ukraine and calls
on the authorities in Ukraine and the Russian Federation to do their
utmost to investigate those attacks and bring the perpetrators before
the domestic courts. The Assembly calls for the immediate release,
by the pro-Russian forces holding them, of the Ukrainian journalists
Serhiy Sakadynskiy and Roman Chermesky, and urgently invites the
Russian authorities to help with the liberation of these journalists.
Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Ms Svitlana ZALISCHUK, Ms Olena SOTNYK, Mr Pavlo UNGURYAN, Mr Emanuelis ZINGERIS, Mr Gediminas JAKAVONIS, Mr Piotr WACH, Mr Jan RZYMEŁKA, Mr Boryslav BEREZA, Mr Sergiy VLASENKO, Mr Andriy LOZOVOY
In the draft resolution, paragraph 3, replace the first sentence with the following sentence :
"Recalling Recommendation 1702 (2005) on freedom of the press and the working conditions of journalists in conflict zones, the Assembly condemns the alleged targeted attacks on journalists in the armed conflict in eastern Ukraine and calls on the authorities of Ukraine to do their utmost to investigate those attacks and bring the perpetrators before the domestic courts, and calls on the Russian Federation to use their influence on the pro-Russian separatist forces to contribute to these investigations."
Tabled by the Committee on Culture, Science, Education and Media
In amendment 7, after the word "condemns", insert the following words :
"the killings and".
Tabled by the Committee on Culture, Science, Education and Media
In amendment 7, delete the following words:
"and calls on the Russian Federation to use their influence on the pro-Russian separatist forces to contribute to these investigations."
Tabled by Mr Robert SHLEGEL, Mr Igor MOROZOV, Ms Svetlana GORYACHEVA, Ms Olga KAZAKOVA, Ms Olga BORZOVA
In the draft resolution, paragraph 3, replace the words "those attacks" with the following words:
"the killings of the Italian journalist Andrea Rochell (21 May 2014), the Russian journalists Igor Kornelyuk (17 June 2014), Anatoly Klyan (29 June 2014) and Andrey Stenin (6 August 2014), and the Ukrainian journalists Sergey Korechenkov and Andrey Vyachalo (6 August 2014) and Alexander Kuchinsky (29 November 2014)".
Tabled by Mr Robert SHLEGEL, Mr Igor MOROZOV, Ms Olga KAZAKOVA, Ms Olga BORZOVA, Ms Svetlana GORYACHEVA
In the draft resolution, paragraph 3, after the first sentence, insert the following sentence:
"The Assembly condemns the Ukrainian authorities' actions in detaining journalists and in preventing them from performing their professional duties."
(If adopted, amendment 5 falls)
Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Ms Svitlana ZALISCHUK, Ms Olena SOTNYK, Mr Pavlo UNGURYAN, Mr Emanuelis ZINGERIS, Mr Gediminas JAKAVONIS, Mr Piotr WACH, Mr Jan RZYMEŁKA, Mr Sergiy VLASENKO, Mr Andriy LOZOVOY, Mr Boryslav BEREZA
In the draft resolution, paragraph 3, delete the last sentence.
Tabled by the Committee on Culture, Science, Education and Media
In amendment 8, replace the words "delete the last sentence" with the following words:
"replace the last sentence with the following sentence:
"The Assembly welcomes the release of the Ukrainian journalists Roman Cheremsky on 27 December 2014 and Serhiy Sakadynskiy on 5 January 2015, who had been detained for months in the conflict area in eastern Ukraine." "
(Falls if amendment 8 is adopted)
Tabled by Mr Robert SHLEGEL, Mr Igor MOROZOV, Ms Olga KAZAKOVA, Ms Olga BORZOVA, Ms Svetlana GORYACHEVA
In the draft resolution, paragraph 3, delete the following words:
"by the pro-Russian forces holding them,"
Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Ms Svitlana ZALISCHUK, Mr Leonid YEMETS, Mr Giorgi KANDELAKI, Mr Piotr WACH, Mr Egidijus VAREIKIS, Mr Valeriu GHILETCHI, Mr Pavlo UNGURYAN, Mr Sergiy VLASENKO, Mr Andriy LOZOVOY, Mr Boryslav BEREZA
In the draft resolution, at the end of paragraph 3, add the following sentences:
"Moreover, the Assembly strongly condemns the fact of the arrest of the Ukrainian film-maker Oleg Sentsov in illegally annexed Crimea and alleged reports of his torture and urges the Russian authorities to release him immediately. The systematic harassment of free and independent media in annexed Crimea, including the recent raid on the ATR television station, cannot be tolerated in Europe."
Tabled by the Committee on Culture, Science, Education and Media
In amendment 9, replace the first sentence with the following two sentences:
"The Assembly notes with concern that the Ukrainian film producer Oleg Sentsov was transferred from detention in Simferopol to Moscow in May 2014 and has since been under criminal investigations by a Russian court in Moscow. Referring to the United Nations General Assembly Resolution 68/262 of 27 March 2014, which declared illegal the annexation of the Crimean Peninsula by the Russian Federation, Oleg Sentsov should be transferred by the Russian authorities to the competent law enforcement authorities of Ukraine without further delay."
Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Ms Svitlana ZALISCHUK, Ms Olena SOTNYK, Mr Pavlo UNGURYAN, Mr Emanuelis ZINGERIS, Mr Gediminas JAKAVONIS, Mr Piotr WACH, Mr Sergiy VLASENKO, Mr Andriy LOZOVOY, Mr Boryslav BEREZA
In the draft resolution, after paragraph 3, insert the following paragraph:
"The Assembly is deeply concerned by the harsh application of laws on freedom of expression, freedom of assembly and the Internet in the Russian Federation which have had a significant impact on the deterioration of media freedom and on the safety of journalists and other media actors. Establishing full control over the majority of pro-government media and placing constant pressure on the independent media, this has led to the widely spread phenomenon of propaganda that limits the possibilities for citizens of Russia to receive critical and fair reports about domestic and international affairs and contributes to the deterioration of the security situation in Ukraine."
Tabled by Mr Volodymyr ARIEV, Mr Serhii SOBOLIEV, Ms Svitlana ZALISCHUK, Ms Olena SOTNYK, Mr Pavlo UNGURYAN, Mr Emanuelis ZINGERIS, Mr Gediminas JAKAVONIS, Mr Sergiy VLASENKO, Mr Andriy LOZOVOY, Mr Boryslav BEREZA
In the draft resolution, after paragraph 3, insert the following paragraph:
"In the course of the annexation of the Crimea by the Russian Federation as well as the outbreak of the conflict in eastern Ukraine, Russian media and journalists were used by the Russian authorities as a tool in an information war against Ukraine, namely to conduct subversive activity, to destabilize the internal situation, to escalate violence, to support the activities of illegal armed groups and to conduct anti-state propaganda and disinformation etc."
4Recalling in particular the events on Independence Square
in Kyiv in February 2014, the Assembly condemns the alleged targeted
physical attacks by police or security forces against journalists
covering demonstrations and other manifestations of popular protest.
The Assembly is also concerned about allegations of targeted physical
attacks against journalists during the events around Gezi Park in
Istanbul in May and June 2013. The Assembly therefore calls for
full judicial investigations into those attacks and reminds member
States of their respective obligations under the European Convention
on Human Rights (ETS No. 5).
Tabled by Mr Hans FRANKEN, Mr Yves CRUCHTEN, Mr Pieter OMTZIGT, Mr Pierre-Yves LE BORGN', Mr Michael McNAMARA, Ms Meritxell MATEU, Mr Bernard PASQUIER
In the draft resolution, after paragraph 4, insert the following paragraph:
"Recalling also its Resolution 1917 (2013) on Azerbaijan, the Assembly strongly condemns the recent crackdown on Radio Free Europe/Radio Liberty and the arrest of investigative journalist Khadija Ismayilova. Furthermore, the Assembly strongly condemns the politically motivated harassment of the independent media freedom NGO, Institute for Reporters' Freedom and Safety and its chairman, a well-known media freedom advocate Emin Huseynov. The Assembly calls for Khadija Ismayilova's immediate and unconditional release and for all charges held against Emin Huseynov, head of the Institute for Reporters' Freedom and Safety to be dropped."
Tabled by the Committee on Culture, Science, Education and Media
In amendment 12, replace the paragraph with the following paragraph:
"Concerned by the detention of Khadija Ismayilova, the criminal charges against Emin Huseynov and the closure of Radio Free Europe/Radio Liberty in Baku in December 2014, the Assembly calls on the authorities of Azerbaijan to respect the right to the presumption of innocence as well as freedom of expression of foreign media in Azerbaijan. Given the wide attention given to those criminal proceedings, judicial authorities should inform the media about their essential acts, without prejudice to the secrecy of investigations and the rights of victims or defendants."
5Referring to Resolution 68/163 of the United Nations General
Assembly on the safety of journalists and the issue of impunity,
the Assembly calls on member States to fully investigate all violent
deaths of journalists, such as the deaths of Elmar Huseynov (2005)
and Rafiq Tagi (2011) in Azerbaijan, Paul Klebnikov (2004) and Anna
Politkovskaya (2006) in the Russian Federation, Dada Vujasinović
(1994) and Milan Pantić (2001) in Serbia, Hrant Dink (2007) in Turkey,
Martin O’Hagan (2001) in the United Kingdom and Georgiy Gongadze (2000)
and Vasil Klementiev (2010) in Ukraine.
Tabled by Ms Chiora TAKTAKISHVILI, Mr Igor KOLMAN, Mr Egidijus VAREIKIS, Mr Giorgi KANDELAKI, Mr Karl GARÐARSSON
In the draft resolution, paragraph 5, at the end, add the following words :
"as well as the murder of the media manager and founder of one of the major tv channels Erosi Kitsmarishvili in Georgia (2014)."
6Although any propaganda for war and any advocacy of hatred
that constitutes incitement to discrimination, hostility or violence
are prohibited by law under Article 20 of the United Nations International Covenant
on Civil and Political Rights, the Assembly remains concerned about
an overbroad application of such laws in some countries against
media and journalists who express political criticism of the government. In
this context, the Assembly welcomes the considerable reduction in
the number of journalists detained in Turkey, but regrets, in spite
of some progress, the number of journalists who are still prosecuted
or detained, and calls for further legislative reforms concerning
in particular Articles 216, 301 and 314 of the Turkish Penal Code
which could lead to arbitrary applications against journalists.
Tabled by the Committee on Culture, Science, Education and Media
In the draft resolution, paragraph 6, last sentence, after the words "in spite of some progress" insert the following words:
"the arrest of one journalist following the operations involving some media in Istanbul on 14 December 2014, the recent denial by the Turkish Prime Ministry's Directorate General of Press and Information (BYEGM) to grant permanent press cards to 94 journalists and".
7Recalling the judgment of the European Court on Human Rights
in the case of Ahmet Yildirim v. Turkey (18 December
2012), the Assembly concurs that the right to Internet access is
considered to be inherent in the right to freedom of expression
and information, as expressed in Resolution 1987 (2014) on the right to Internet access. Therefore, the Assembly
considers the generalised blocking by public authorities of websites
or web services as a serious violation of media freedom, which deprives
a high and indiscriminate number of Internet users of their right
to Internet access. The Assembly welcomes the fact that Turkey has
introduced legal measures to restrict the possibilities for blocking
specific Internet content.
8Aware of the chilling effect of legislation on defamation,
the Assembly calls on member States to review such legislation in
accordance with Resolution
1577 (2007) “Towards decriminalisation of defamation”. Such review
should deal with criminal law penalties as well as civil procedures
for defamation which could financially threaten, in a disproportionate
way, journalists and media. Referring to the Opinion on the legislation
on defamation of Italy by the European Commission for Democracy
through Law (“Venice Commission”) (6‑7 December 2013), the Assembly
urges the Italian Parliament to resume consideration of its legislation
in accordance with this Opinion.
9Referring to the Opinion of the Council of Europe Commissioner
for Human Rights on Hungary's media legislation (25 February 2011)
and the subsequent co-operation of the Council of Europe with Hungary,
the Assembly urges the Hungarian Parliament to pursue further reforms
of its legislation in order to improve the independence of the regulatory
authorities for media, the State news agency and the public service broadcasters,
to increase transparency and pluralism of private media, as well
as to combat racist expressions against ethnic minorities.
Tabled by Ms Rózsa HOFFMANN, Mr Zsolt NÉMETH, Ms Elvira KOVÁCS, Mr Attila KORODI, Mr Gordan JANDROKOVIĆ, Mr Axel FISCHER, Mr Tobias ZECH, Ms Anette HÜBINGER, Ms Karin STRENZ, Mr Valeriu GHILETCHI
In the draft resolution, delete paragraph 9.
Tabled by Mr Hans FRANKEN, Mr Yves CRUCHTEN, Mr Pieter OMTZIGT, Mr Pierre-Yves LE BORGN', Ms Meritxell MATEU, Mr Bernard PASQUIER
In the draft resolution, after paragraph 9, insert the following paragraph:
"Referring to the opinion of the Venice Commission on Azerbaijan's legislation pertaining to the protection against defamation (14 October 2013)and the observations of the Commissioner for Human Rights in this regard (23 April 2014), the Assembly urges the Azerbaijani parliament to amend its legislation in order to bring it in line with Azerbaijan's obligations under the European Convention on Human Rights and in line with the legislative proposal made by the Plenum of the Supreme Court of Azerbaijan. The Assembly urges the authorities to in the meantime use the existing legislation with particular precaution, to take particular steps to guarantee rights to fair trial in this regard, and to avoid prison sentences for such offences as proposed by the Plenum of the Supreme Court."
Tabled by Mr Rait MARUSTE, Mr Margus HANSON, Mr Igor KOLMAN, Mr Egidijus VAREIKIS, Mr Giorgi KANDELAKI, Mr Karl GARÐARSSON, Ms Chiora TAKTAKISHVILI
In the draft resolution, after paragraph 9, insert the following paragraph:
"In addition to the observations expressed with regards to Georgia in Resolution 2015 (2014) on the functioning of democratic institutions in Georgia and Resolution 1920 (2013) on the state of media freedom in Europe, the Assembly notes with concern the controversial changes in media ownership following the 2012 parliamentary elections, threatening public declarations by the government representatives targeting TV Rustavi2 and the recent adoption of legislation aimed at curbing the financial independence of private broadcasters and thus potentially influencing their editorial independence."
Tabled by the Committee on Culture, Science, Education and Media
In amendment 19, delete the following words:
"threatening public declarations by the government representatives targeting TV Rustavi2".
10Although media freedom is widely proclaimed in Europe, the
Assembly regrets that this freedom is frequently restricted by limiting
the freedom and safety of journalists. Unsafety of journalists,
be it physical, financial, existential or a combination thereof,
restricts their journalistic freedom and conditions the results
of their work, possibly forcing them to satisfy the demands of editors,
publishers, owners, advertisers, politicians or others.
11Pluralism of the media is a necessary condition for a pluralistic
society and a pluralistic political system. Transparency of media
ownership is necessary in order to monitor media concentration,
to prevent media from being in the hands of a few and to enable
pluralism of media ownership. Therefore, the Assembly proposes to publicise
a “Media Identity Card” which should, inter
alia, provide information about the owners of a media outlet
and those who contribute substantially to its income, such as big
advertisers or donors.
12Recalling its Recommendation
1878 (2009) on the funding of public service broadcasting, the Assembly continues
to be alarmed by tendencies in some member States to erode the financial
stability and the independence of public service broadcasters. Public
service broadcasting remains an important element in a democratic
society for providing the public at large with unbiased information
and culture in an increasingly commercialised, economically weakened
and politically controlled media landscape.
13Recalling its past reports on serious violations of, and challenges
to, media freedom, the Assembly considers it important that media
freedom in Europe remains on the agenda of the Assembly and of the
Council of Europe as a whole. The adoption of this resolution is
only a further step in a necessarily ongoing process of awareness
and scrutiny by parliamentarians and governments throughout Europe
over serious violations of media freedom.
14The Assembly invites:
14.1national
parliaments to hold annual public debates (hearings, committee meetings
or plenary sessions), with the participation of associations of
journalists and the media, on the state of media freedom in their
respective countries;
14.2the Commissioner for Human Rights to pay particular attention
to the situation of media freedom in all conflict zones in Europe,
particularly in eastern Ukraine;
14.3the Venice Commission to:
14.3.1analyse the conformity with European human rights standards
of Articles 216, 301 and 314 of the Turkish Penal Code and Law No.
5651 of Turkey, as well as their application in practice;
14.3.2identify the provisions which pose a danger to the right
to freedom of expression and information through the media, in the
Hungarian Act CLXXXV of 2010 on Media Services and Mass Media, in
the Hungarian Act CIV of 2010 on the Freedom of the Press and the
Fundamental Rules of Media Content, and in the Hungarian tax laws
on progressive tax on advertising revenue for media;
Tabled by Ms Rózsa HOFFMANN, Mr Zsolt NÉMETH, Ms Elvira KOVÁCS, Mr Attila KORODI, Mr Gordan JANDROKOVIĆ, Mr Axel FISCHER, Mr Tobias ZECH, Ms Anette HÜBINGER, Ms Karin STRENZ, Mr Valeriu GHILETCHI
In the draft resolution, delete paragraph 14.3.2.
14.4the Conference of International Non-governmental Organisations
(INGOs) to foster closer co-operation of NGOs for media freedom
and the safety of journalists with all Council of Europe bodies
and institutions;
14.5the committees of the European Parliament dealing with
media freedom to establish close co-operation with the Assembly
regarding political action against serious violations of media freedom.
Draft recommendation
1The Parliamentary Assembly refers to its Resolution
…. (2015) on the protection of media freedom in Europe and invites
the Committee of Ministers to pursue further determined action in
this field, in particular by intensifying its standard-setting and
co-operation activities as expressed in the Committee of Ministers Declaration
of 30 April 2014 on the protection of journalism and safety of journalists
and other media actors.
2Recalling its Recommendation
1897 (2010) on respect for media freedom, the Assembly welcomes
the decision by the Committee of Ministers of 19 November 2014 to
establish an Internet-based Freedom of Expression Platform to promote
the protection of journalism and safety of journalists. This initiative
is of high importance for creating synergies between the various
Council of Europe bodies dealing with media freedom, and for providing
a means of closer co-operation with non-governmental organisations
(NGOs) in this field. It will also give member States the possibility
to react to information about alleged attacks on media freedom.
3The Assembly recommends that the Committee of Ministers:
3.1promote the United Nations Plan
of Action on the Safety of Journalists and the Issue of Impunity beyond
2014 and step up Council of Europe action in this field, in accordance
with United Nations General Assembly Resolution 68/163;
3.2develop training programmes for police and law-enforcement
authorities in member States regarding the protection of journalists
and media freedom, and offer targeted assistance in this domain;
3.3pay particular attention to the full and timely implementation
by member States of the judgments of the European Court of Human
Rights which deal with serious violations of media freedom, and increase
targeted co-operation and assistance activities in this field, including
a parliamentary dimension, in particular with regard to member States
with recurring and systemic problems;
3.4review the implementation by member States of the Committee
of Ministers declarations and recommendations in the media field
and consider whether the Council of Europe’s legal standards should
be updated;
3.5continue to invite Assembly rapporteurs on media freedom
to thematic debates and to its rapporteur groups dealing with media
freedom;
3.6co-operate more closely with NGOs and the media in order
to enhance the capacity of the Council of Europe to evaluate and
react to serious violations of media freedom.
Tabled by the Committee on Culture, Science, Education and Media
In the title of the draft resolution and draft recommendation, after the word "protection", add the following words:
"of the safety of journalists and".
