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Resolution 2035 (2015) Final version
Protection of the safety of journalists and of media freedom in Europe
1. Condemning in the strongest possible
terms the terrorist attack on the French magazine Charlie Hebdo in Paris on 7 January
2015, the Parliamentary Assembly reiterates the importance of media
freedom for democracy. The 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. Any
attack on the media and journalists is an attack on a democratic
society.
2. 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 are also our freedom and our safety.
3. Deeply 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.
4. 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 perceived as inoffensive or with 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
provided for in the European Convention on Human Rights (ETS No.
5).
5. Recalling Recommendation
1702 (2005) on freedom of the press and the working conditions
of journalists in conflict zones, the Assembly condemns the killings
and 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. 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. 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 A/RES/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 appropriate law-enforcement authorities
of Ukraine without further delay. The systematic harassment of the
free and independent media in annexed Crimea, including the recent
raid on the ATR television station, cannot be tolerated in Europe.
6. Recalling 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 popular protest movements. 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.
7. 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.
Considering the wide attention given to those criminal proceedings,
judicial authorities should inform the media about their principal
decisions, without prejudice to the secrecy of investigations and the
rights of victims or defendants.
8. Referring to Resolution A/RES/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, as well as the murder
of Erosi Kitsmarishvili, the media manager and founder of one of
the major television channels in Georgia (2014).
9. Although 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
excessive 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 arrest of one journalist following the
operations involving some media in Istanbul on 14 December 2014,
the recent denial by the Turkish Prime Minister's Directorate General
of Press and Information (BYEGM) to grant permanent press cards
to 94 journalists and the number of journalists who are still prosecuted
or detained. The Assembly 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.
10. Recalling the judgment of the European Court of 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.
11. Aware of the dissuasive 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.
12. Referring 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 media
regulatory authorities, the State news agency and the public service
broadcasters, to increase transparency and pluralism in the private
media, as well as to combat racist expressions against ethnic minorities.
13. 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 into line
with Azerbaijan's obligations under the European Convention on Human
Rights and with the legislative proposal made by the Plenum of the
Supreme Court of Azerbaijan. In the meantime, the Assembly urges
the authorities to use the existing legislation with caution, to
take particular steps to guarantee the right to a fair trial in
this regard, and to avoid prison sentences for such offences as
proposed by the Plenum of the Supreme Court.
14. In addition to the observations expressed with regard 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 and the recent adoption of legislation aimed at curbing
the financial independence of private broadcasters and thus potentially
influencing their editorial independence.
15. Although media freedom is widely proclaimed in Europe, the
Assembly regrets that this freedom is frequently restricted by limiting
the freedom and safety of journalists. Danger to journalists, be
it physical, financial, existential or a combination thereof, restricts
their journalistic freedom and affects the results of their work,
sometimes forcing them to satisfy the demands of editors, publishers,
owners, advertisers, politicians or others.
16. Pluralism in the media is a necessary condition for a pluralistic
society and a pluralistic political system. Transparency of media
ownership is necessary in order to control media concentration,
to prevent the media from being in the hands of a few and to enable
pluralism of media ownership. Therefore, the Assembly proposes publicising
a “Media Identity Card” which should, inter
alia, provide information about the owners of the media
outlet concerned and those who contribute substantially to its income,
such as big advertisers or donors.
17. Recalling 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 general
public with unbiased information and culture in an increasingly commercialised,
economically weakened and politically controlled media landscape.
18. Recalling 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 one step in a necessarily ongoing process of awareness and
scrutiny by parliamentarians and governments throughout Europe of
serious violations of media freedom.
19. The Assembly invites:
19.1. national
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;
19.2. the Commissioner for Human Rights to pay particular attention
to the situation of media freedom in all conflict zones in Europe,
particularly in eastern Ukraine;
19.3. the Venice Commission to:
19.3.1. analyse 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;
19.3.2. identify 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, the
Hungarian Act CIV of 2010 on the Freedom of the Press and the Fundamental Rules
of Media Content and the Hungarian tax laws on progressive tax on
advertising revenue for media;
19.4. the Conference of International Non-governmental Organisations
(INGOs) to promote closer co-operation between NGOs working for
media freedom and the safety of journalists and all Council of Europe
bodies and institutions;
19.5. the 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.