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Reply to Recommendation | Doc. 14468 | 12 January 2018
Political influence over independent media and journalists
1. The Committee of
Ministers has carefully considered Parliamentary Assembly Recommendation 2111 (2017) on “Political influence over independent media and journalists”
which it has brought to the attention of the governments of member
States and transmitted for comment to the Steering Committee on
Media and Information Society (CDMSI).
2. The Committee of Ministers considers that violence against
journalists and attacks on the media are attacks on democracy. It
acknowledges that in recent years there has been a negative trend
in relation to the safety of journalists and other media actors,
as in many member States journalists are not sufficiently protected against
violence and threats. The specific risks faced by women journalists
including gender-based discrimination and sexual violence, intimidation
and harassment, online and offline, are major concerns for the Committee
of Ministers. The Platform to promote the protection of journalism
and safety of journalists, in addition to providing a picture on
whether the situation is improving or deteriorating, is a tool to
raise States’ awareness in this connection and in prompting them
to take action. In this context, the Committee of Ministers recognises
that there is still room for improvement with regard to the co‑operation
and action required from member States in order to remedy all serious
threats to media freedom. Impunity for intimidations, harassments,
threats and acts of other forms of violence directed against journalists
and media workers cannot be tolerated. The Committee of Ministers
would also recommend that governments of member States implement,
as a matter of urgency, its Recommendation CM/Rec(2016)4 on the protection of journalism and safety of journalists
and other media actors.
3. The Assembly refers to the 2017 Council of Europe publication
“Journalists under Pressure – Unwarranted interference, fear and
self-censorship in Europe” which has also brought to light the increasing use
of psychological violence and intimidation, including judicial intimidation
on journalists, particularly through the use of defamation, public
order, national security and anti-terrorism laws. The Committee
of Ministers appreciates and shares the Assembly’s focus on these
issues.
4. Regarding paragraph 5.2, the Committee of Ministers welcomes
the focus given by the Assembly to public service media. It recalls
the important role of public service media in upholding freedom
of expression, online and offline, by providing different groups
in society with an opportunity to impart, as well as to receive, unbiased
information and diverse political opinions.
5. The Committee of Ministers notes an emerging trend of threats
to the independence of public service broadcasters, such as political
interference in the editorial line of these broadcasters, insufficient
safeguards in the legislation against political bias, or the lack
of appropriate funding. Some of these threats are also highlighted
by the Platform for the Protection of Journalism and Safety of Journalists.
Furthermore, the 2017 Secretary General report on the “State of
democracy, human rights and the rule of law” has stressed that the year
2016 witnessed interference of governments in the appointment and
dismissal procedures of members of public-service media boards.
6. The Committee of Ministers would recall that a number of recommendations
have been issued in this area in
order to safeguard the important role played by public service media.
In particular, the Committee would recall its Recommendation on
public service media governance CM/Rec(2012)1 which calls on member States to ensure that external
governance arrangements for public service media guarantee the independence and
sustainable development of public service media. It also provides
detailed criteria to ensure a well-functioning internal governance
system of these organisations which relate to the principles of
independence, accountability, effective management, transparency
and openness as well as responsiveness and responsibility.
7. The Committee of Ministers supports the Assembly’s proposal
to develop in operational terms the principles enshrined in CM/Rec(2012)1 of the Committee of Ministers to member States on public
service media governance, including in relation to appointment procedures
(under paragraph 5.2.1). In this respect, for the 2018-2019 biennium,
it can inform the Assembly that work will be carried out by the
CDMSI on implementation activities in relation to that recommendation,
notably the sharing of best practices among member States and the
preparation of a compilation of different models of institutional
and financial independence of public service media.
8. While the Committee of Ministers recognises the importance
of standard-setting in the area of public service media, it would
nevertheless underline that there are limits to the harmonisation
of legislation and the development of model provisions in this area,
which stem from contextual factors linked to differences in culture,
legal and social systems across the 47 member States. A tailored
application of the above standards is therefore warranted and their
development in operational terms in a context-specific manner and
in close co-operation with all parties involved.
9. With regard to paragraph 5.2.2., the Committee of Ministers
supports the call to design and implement targeted co-operation
programmes aimed at promoting good practice in the governance of
public service media. It notes that over the last years, a good
number (around 20) of projects have been implemented in member States
and partner countries promoting media freedom, including independence
and efficiency of public service media. Such projects should be
continued.