Supplementary reply to Recommendation 1228 (1994) on cable networks and local television stations: their importance for Greater Europe

13 September 1994

Doc. 7143

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

Supplementary reply to Recommendation 1228 (1994)

on cable networks and local television stations:

their importance for Greater Europe

(adopted by the Committee of Ministers on 5 September 1994

at the 516th meeting of the Ministers' Deputies)

1. The Committee of Ministers shares the view of the Parliamentary Assembly that the development of cable networks, satellite broadcasts and local television stations can foster democracy in the countries of Central and Eastern Europe. It recalls that, at the 508th meeting of its Deputies (February 1994, item GEN4.ii), they decided to bring this recommendation to the attention of their Governments. At the same time the Deputies adopted the following interim reply to Recommendation 1228 (1994):

"The Committee of Ministers, after careful examination of Assembly Recommendation 1228 (1994) on cable networks and local television stations: their importance for Greater Europe, decided to request the opinion of the Steering Committee on the Mass Media (CDMM) on this recommendation.

The Committee of Ministers will reply to Assembly Recommendation 1228 (1994) in the light of the opinion that will be communicated to it by the CDMM."

2. On the basis of the opinion expressed by the CDMM, in particular as regards paragraph 6 of the recommendation which envisages a follow-up by the CDMM to a series of proposed initiatives, the Committee of Ministers now provides the Parliamentary Assembly with the following supplementary reply.

3. In referring to paragraph 6.i of the recommendation, the CDMM stresses, in its opinion to the Committee of Ministers, that its current and future work programme does not immediately lend itself to the implementation of these proposals. This is particularly the case with the survey of cable networks and local television stations in Central and Eastern Europe. The CDMM draws attention to the possibility of entrusting data collection in this area to the European Audiovisual Observatory. However, the CDMM stresses that the latter body, which is mentioned in paragraph 5 of the Parliamentary Assembly recommendation, would not be competent to follow up this survey in the form of policy proposals addressing the issues referred to under paragraph 6.i (a) and (b).

4. Concerning paragraph 6.ii, the need for public service broadcasters in Central and Eastern European countries to be attentive to the advantages of cable and other technologies is dependent on these broadcasters being guaranteed sure and adequate funding so as to enable them to make the necessary investments. It is for states to ensure that this is the case, notably through the provision of public funding (licence fee revenue), no strings attached subsidies, advertising and sponsorship revenue.

5. As regards paragraph 6.iii, attention is drawn to the fact that the European Broadcasting Union (EBU) has already undertaken a number of initiatives which are intended to provide public service broadcasters in Central and Eastern European countries with facilities to allow them to link up to EUROVISION. This has taken the form of the provision of earth transmitting stations. The EBU has also provided advice. As regards funding, however, the CDMM suggests in its opinion that broadcasters in these countries should explore the possibility of resources being made available through assistance programmes such as PHARE and TACIS.

6. Having regard to paragraph 6.iv, it is noted that the Parliamentary Assembly contemplates the creation of special structures within the framework of the CDMM for dealing with the matters mentioned under (a) and (b). The CDMM has provided information that consideration is now being given to the creation of a Project Group on media in a pan-European perspective. Although the remit of this Project Group has not yet been determined, the CDMM has already established a number of priority activities for it. For the time being, the CDMM is only able to take note of the issues which the Parliamentary Assembly would like to have addressed by the proposed structure.

7. It is recalled that the programmes of co-operation and assistance for Central and Eastern European countries in the media field extend to the provision of legislative assistance on copyright and neighbouring rights as well as training for media professionals in this area. In the opinion of the CDMM greater efforts could be made in this field if states were to contribute further voluntary funding to the media training programme.

8. While agreeing with the Parliamentary Assembly that respect for copyright and neighbouring rights promotes creation and employment, the CDMM stresses, however, that respect for the intellectual property rights of creators must be accompanied by firm measures to combat sound and audio-visual piracy. The CDMM has expressed concern over the level of piracy in certain of the Central and Eastern European countries entailing significant loss of revenue for right holders, in particular foreign right holders. In combating sound and audio-visual piracy, the Committee of Ministers draws attention to its three legal instruments (Recommendation No. R (88) 2 on measures designed to combat piracy in the field of copyright and neighbouring rights; Recommendation No. R (91) 14 on the legal protection of encrypted television services and Recommendation No. R (94) 3 on the promotion of education and awareness in the area of property right and neighbouring rights concerning creativity. These legal texts should form the basis of the initiatives to be taken by the policy makers in the Central and Eastern European countries as regards the fight against piracy.

9. As regards paragraph 6.iv (b), the Committee of Ministers draws attention to the fact that the Council of Europe's programmes of co-operation and assistance in the media field are also intended to provide independent expertise to policy makers on the framing of broadcasting legislation which complies with basic international principles, including those laid down in the European Convention on Transfrontier Television. As with legislative expertise in the area of copyright and neighbouring rights, the CDMM is of the opinion that further efforts could be undertaken in the area of broadcasting legislation if more funding were to be made available.

10. With regard to paragraph 6.v, the Committee of Ministers notes that the training of broadcasting professions in the Central and Eastern European countries is carried out via the training component of the above-mentioned co-operation and assistance programme.

11. Having regard to paragraph 7.i, the Committee of Ministers recalls that, at the 508th meeting of its Deputies (February 1994), they adopted the European Convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite and agreed to open it to signature on 11 May 1994.

12. As concerns paragraph 7.ii, the Committee of Ministers has already been seized of the CDMM's opinion on the proposals contained in the CLRAE Resolution 253 (1993) on the regional dimension of the European audiovisual area. As regards the establishment of "an observatory of the network of regional television services" the CDMM noted that the European Audiovisual Observatory could provide a useful reference point for data collection and analysis in the area of local and regional television services in Central and Eastern Europe. As pointed out earlier, the CDMM stresses that the functions of the European Audiovisual Observatory do not extend to policy making. Thus the information made available via the Observatory would need to be converted into policy making proposals within another forum.

13. As regards paragraph 8.i, particularly attention has been given to the need to promote the production and distribution of the audio-visual material of the Central and East European countries. The Committee of Ministers would like to draw attention to the policies contained in its Recommendation No. R (93) 5 on containing principles aimed at promoting the distribution and broadcasting of audiovisual works originating in countries or regions with low audiovisual output or a limited geographic or linguistic coverage on the European television markets.

14. In referring to paragraph 8.ii, the Committee of Ministers can provide the Parliamentary Assembly with information that the Committee of Experts on higher education, which is placed under the responsibility of the Council for Cultural co-operation (CDCC), has undertaken work in the area of distance learning and the use of television and cable technology as a means of promoting this.

15. Finally, the Committee notes that with regard to paragraphs 8.iii and iv, the CDMM has expressed its readiness to bring the matters referred to in these paragraphs to the attention of its Project Group (MM-EC) which is now engaged in the examination of new communications technologies.