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21 April 1997 Doc. 7805
ADOC7805
OPINION1
on the impact of the new communication
and information technologies on democracy2
(Rapporteur: Mr Flavio RODEGHIERO,
Italy, Liberal, Democratic and Reformers' Group)
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1. As the year 2000 approaches, the linking up of new communication technologies, based on computer, telephone, cable and satellite television networks, in the rapidly expanding "information superhighways", heralds a new technological revolution.
2. Coupled with deregulation and the advent of global markets, the process will eventually lead to significant economic, cultural and social upheaval. The information superhighways will make their mark on the political scene and the technologies concerned will substantially alter the democratic landscape.
3. It needs to be emphasised at the outset that this report is fully consistent with the Council of Europe's traditional approach to the media and individual freedom. Since its inception, the organisation has been deeply concerned with such topics as media concentration and pluralism, copyright law and neighbouring rights, sound and audiovisual piracy, media transparency, freedom of expression, the right to information and data protection. Its activities in this field are particularly governed by Article 10 of the European Convention on Human Rights and the Court's associated case-law.
4. The Council of Europe has been continuously engaged in this field over the last twenty years. Its work is mainly the responsibility of the Steering Committee on the Mass Media (CDMM), whose terms of reference are very broad, and various subordinate groups, including the Project Group "Equality of Opportunity in the Building of a European Audiovisual Area" (MM-EC), the Committee of Experts on Media Concentrations and Pluralism (MM-CM), the Committee of Legal Experts in the Media Field (MM-JU), the Project Group "Human Rights and Genuine Democracy" (CAHDD) and the Group of Specialists on access to official information (MM-S-AC), and the Group of Specialists on the portrayal of violence in the media (MM-S-VL)3.
5. A Group of Specialists "on the impact of new communications technologies on human rights and democratic values" (MM-S-NT) was set up in November 1994 "to analyse the consequences which new means of production, distribution and dissemination of texts, images and sounds [...] used by the mass media [...] may have on the protection of human rights".
6. The CDMM and MM-S-NT's activities will take on a special importance in the context of the preparations for the 5th European Ministerial Conference on Mass Media Policy (1997), which is to be held in Thessaloniki (Greece) on 11-12 December 1997. At its November-December 1995 meeting, the Steering Committee on the Mass Media decided that the main theme of the 5th Ministerial Conference would be "The information society: a challenge for Europe". The two sub-themes adopted are "The impact of new communication technologies on human rights and democratic values" and "Rethinking the regulatory framework for the media".
7. Work in the Council of Europe has produced a number of legal instruments4. The Parliamentary Assembly has itself debated the subject in the past and adopted numerous texts5.
8. Importance should also be attached to the conclusions of the G7 Ministerial Conference on "the information society", which took place in Brussels on 25-26 February 1995. On that occasion, the G7 partners laid down a number of basic principles for their future cooperation in preparation for the advent of a global information society.
9. Among the basic principles proposed, emphasis must be placed on those which seek to:
- promote competition,
- encourage private investment,
- afford universal access to networks,
- promote diversity of content, particularly from the cultural and linguistic angles,
- guarantee equality of opportunity among citizens, paying special attention to the least developed countries.
10. Since the technological revolution now under way no longer has consequences only for the fundamental rights of individuals, but may have a profound impact on the future of representative democracy, a new, different approach is now required.
11. The Committee on Parliamentary and Public Relations held a seminar on "electronic democracy" on 23-24 March 1995 in Paris. Those taking part soon realised that electronic democracy represented an economic and cultural opportunity and a major challenge for Europe, but might also pose all sorts of threats to democracy and freedom if the new technology was applied without regard to or in violation of human rights6.
12. The Committee on Parliamentary and Public Relations summarised the conclusions in a report on "electronic democracy" (Doc 7359) and adopted a draft resolution and recommendation in June 1995. Four Committees - Economic Affairs and Development, Culture and Education, Science and Technology, Legal Affairs and Human Rights - contributed to this initial debate. However, on 23 January 1996, the Assembly decided to refer the texts back to the Committee.
13. The Committee on Legal Affairs and Human Rights considered that the texts submitted to it for an opinion might be supplemented by analyses of the problems outlined in this opinion, with particular attention being paid to the potential impact of electronic democracy on human rights and the exercise of representative democracy.
14. It therefore considered that, more attention could have been paid to:
- problems concerned with changes in political behaviour (citizens' behaving in a mechanical fashion and the standardisation of programmes) and the use of electronic opinion polls and referendums (the dangers of plebiscites or their use for lobbying purposes);
- legal problems connected with free access to information, avoiding media concentration, dangers of information manipulation, the protection of date, of private life, and of copyright (the risk of pirating) (the protection of all these is complicated by the globalisation of networks);
- cultural and educational issues, linked to the exclusion of certain citizens or countries from technological innovations, which is a particular problem for the countries of central and eastern Europe where the influx of new technology may turn out to be incompatible with their emerging democracy;
- economic and commercial problems, particularly associated with free trade and media concentration, with the attendant risk of gigantic information monopolies;
- ethical problems, and the implications for morality and public order if these new means of communication are used for anti-democratic, terrorist, racist, xenophobic or pornographic purposes.
15. The decisions that will be taken and the debates that will be conducted in the Parliamentary Assembly are particularly important in preparation for the 5th Ministerial Conference. The Assembly's contribution will form part of the papers for the Conference, whose discussion topics are exactly those which interest us.
16. The Committee on Legal Affairs and Human Rights congratulates the rapporteur of the Committee on Parliamentary and Public Relations. The report is a well-constructed critical analysis which goes much further than the report presented in January 1996.The comments made by the Legal Affairs Committee in its opinion have been largely taken into account, especially as regards human rights aspects.
17. However, the Committee on Legal Affairs and Human Rights regrets that the report of the Committee on Parliamentary and Public Relations does not make a comparative assessment of the situation in the various Council of Europe member states. This would have made for a more precise and closely focused analysis bring out the areas where legislation is most advanced and others where a legal vacuum common to many member countries constitutes a potential danger.
18. As regards the legal aspects, the Committee on Legal Affairs and Human Rights wishes to make the following comments:
a) On of the most pressing dangers which need to be tackled is the possibility of monopolistic concentrations in both the supply of information and the supply of communication technology. Care must be taken to preserve the two fundamental freedoms of the right to receive and to impart information.
b) Observation of developments in the legal framework in European countries and monitoring of the observance of human rights and representative democracy could be entrusted to an impartial public authority at European level which would be responsible for drawing up an annual report on the situation and for monitoring any danger of monopolistic concentration or market domination. The drafting of a general agreement ought moreover to be recommended at United Nations level, through the International Telecommunications Union.
c) Within the Parliamentary Assembly, the Committee on Legal Affairs and Human Rights and the Committee on Parliamentary and Public Relations should be instructed to draw up reports at regular intervals, in order that the Assembly may be promptly informed about the outcome of work by the Council of Europe Committees of experts responsible for these questions.
d) We agree with the draft resolution, but wish to propose the following amendments:
Amendment N° 1
Insert the following new paragraph between paragraphs 1 and 2:
"These new technologies offer undeniable potential for improving direct public participation in local and national political affairs, affording direct access to public services and to political and administrative information, renewing dialogue between the electorate and their representatives, improving communication between government and governed."
Amendment N° 2
Before paragraph 3 (" Consequently, ...."), insert a new paragraph to read:
"The Assembly recalls its attachment to the principles of freedom of expression, pluralism of the media and free access to information and believes that use of these new means of communication and information cannot be made subject to strict prescriptive rules".
Amendment N° 3
In paragraph 3, replace sub-paragraph a, b, and c with the following new sub-paragraph:
"a) Take legislative action in order to ensure the most effective use of these technologies for the benefit of the public and to reconcile technological progress with respect for democratic principles and human rights".
Amendment n°4
In paragraph 3 ii, after sub-paragraph d, insert a new sub-paragraph as follows:
"e) Ensure respect for the confidentiality of automated private and personal data, in particular by applying the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS N°108) and Committee of Ministers Resolutions (73) 22 and (74) 29 on Protection of the Privacy of Individuals vis-à-vis electronic data banks, Recommendation (94) 13 on measures to promote media transparency, and Recommendation (95) 4 on the protection of personal data in the area of telecommunication services".
Reporting committee: Committee on Parliamentary and Public Relations (Doc. 7772)
Committee for opinion: Committee on Legal Affairs and Human Rights
Reference to committee: Doc. 7359 and Reference No. 2057 of 23 January 1996
Opinion unanimously approved by the committee on 21 April 1997
Secretaries to the committee: Mr Plate, Ms Coin, Ms Chatzivassiliou, Ms Kleinsorge and Ms Clamer
1 1 By the Committee on Legal Affairs and Human Rights.
3 3 This Group of Specialists has produced a draft Recommendation on the portrayal of violence in the electronic media, which was adopted by the CDMM on November 1996, and is currently pending before the Committee of Ministers for examination.
4 4 The European Convention on transfrontier television (1989 - ETS n°132, which came into force on 1 May 1993), the European Convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite (1994 - ETS n°153) and several resolutions and recommendations.
5 5 Resolution 428 and Recommendation 582 (1970) "containing a declaration on mass communication media and human rights"; Recommendation 926 (1981) "on questions raised by cable and television and by direct satellite broadcasts"; Recommendation 996 (1984) "on Council of Europe work relating to the media"; Recommendation 1037 (1986) "on data protection and freedom of information"; Recommendation 1098 (1989) "on East-West audiovisual co-operation"; Resolution 937 (1990) "on telecommunications: the implications for Europe"; Resolution 956 (1991) "on transfer of technology to the countries of Central and Eastern Europe"; Recommendation 1228 (1994) "on cable networks and local television stations: their importance for Greater Europe".
6 6 The Committee on Parliamentary and Public Relations had previously looked at how democracy could apply modern technological resources and the prospects for increasing citizens' participation in political life at an interparliamentary conference held in Paris from 16-18 September 1993 entitled "citizens, representative democracy and European construction".