1. Introduction
1. Questions concerning the definition
of the tasks and the status of journalists are repeatedly raised
not only within the profession but also in the political and legal
debate as their status is not only linked to the nature of the work
that they do but also to the rights and responsibilities of those
who exercise this profession and ultimately to the public service
provided by news media.
2. In a traditional media environment, the question of the definition,
and by extension that of the status, of journalists did not in itself
pose a problem: the different national approaches were all based
on a lower common denominator, namely that journalists were people
whose main activity was to work for a news media. However, since
the emergence of blogs, social networks, interaction with users
and the exchange of information in real time, the difference between
journalists, experts or mere citizens sets the question of their
status in sharper relief for legal, political and economic reasons.
3. Their status varies widely from one country to the next to
such a degree that one might wonder whether it is possible or really
necessary and desirable to determine who is a journalist. The ontological
question with regard to journalism also raises the question of changes
in the profession: not only strictly technological changes resulting
from the fact that everything has gone digital but also economic
developments with the complete upheaval of media funding and of
societal models with the breakdown of traditional roles between “producers”
and “consumers” of content.
4. In the present document I will address three issues:
- the definition of/access to
the profession of journalist;
- the impact of the new media environment on the professional
status of journalists;
- the role of trade unions and professional organisations.
5. The analysis of these issues is essentially based on the expert
report by Mr Marc Gruber,
whom I would like to thank for his
excellent work. In the light of the hearing held by the Committee
on Culture, Science, Education and Media on 25 April 2017, I have
incorporated information relating to Georgia, Turkey and Ukraine into
this report. I would like to thank Ms Nino Goguadze for her contribution
regarding Georgia, as well as Ms Gülsün Bilgehan and Mr Volodymyr Ariev
for checking the information gathered by the Secretariat on Turkey
and Ukraine respectively.
6. I also wish to thank all the talking partners we met during
our fact-finding visit to Poland, particularly Ms Iwona Arent, member
of the Polish delegation to the Parliamentary Assembly, as well
as the various Polish government and opposition representatives
and representatives of Poland's journalist and publisher organisations.
2. Definition of and access to the profession
of journalist: an overview of the situation in Europe
7. A journalist’s activities,
like the activities of the media in general, are regulated in a
wide range of manners in Europe and include self-regulation, co-regulation
and State regulation.
Compared to State regulation, there
are two major advantages to self-regulation: it is more responsive,
more flexible and can adapt to the changing circumstances of the
media, and above all it avoids any kind of direct political interference.
But it also requires a substantial degree of organisation and compliance
with decisions by all of those concerned (professional organisations,
employers’ associations, civil society and individual journalists).
8. A number of European or international bodies have found it
necessary to give a definition of journalist in the context of their
activities, for example in the Council of Europe Committee of Ministers
Recommendation No. R (2000) 7 on the right of journalists not to disclose their sources
of information: “The term ‘journalist’ means any natural or legal
person who is regularly or professionally engaged in the collection
and dissemination of information to the public via any means of
mass communication.”
9. This general definition fortunately does not include any further
criteria concerning access to the profession, determined on a national
basis.
2.1. Definition
of the profession of journalist
10. In several Council of Europe
member States, the profession of journalist is defined in law. The
recurrent features of different European laws defining journalists
are: a) employers (media companies, daily and periodical publications,
press agencies); b) the nature of the activity carried out (gathering
and dissemination of news); and c) regular exercise of this activity,
normally remunerated by a salary. On the latter point, less commonly,
there are laws recognising the status of journalist for freelance
journalists too.
11. The following handful of examples illustrates the three features
mentioned above:
- in Belgium,
the law defines who may be regarded as a professional journalist
as follows: the person must have engaged in journalism as “their
main professional activity for two years and exercise this activity
on behalf of a general news media outlet”;
- in France, “anyone whose main, regular and paid occupation
is the exercise of their profession in one or several media outlets,
daily or periodical publications, or press agencies and who earns
most of their income in this way” is
considered to be a journalist. One specific feature of the French
legislation is to grant full journalist status to freelance journalists
(pigistes) in the same way
as salaried employees: the status of a freelance journalist in France
differs substantially from that of freelancers in other countries, who
are generally excluded from collective agreements and from the system
of social protection for employees;
- in Georgia, the law states that “anyone employed in a
media company and those systematically gathering and disseminating
news for public consumption shall be considered as journalists”;
- in Turkey, the law defines a journalist as anyone working
at a newspaper, periodical, press agency or photographic agency
and carrying out intellectual or artistic work in return for remuneration;
- in Ukraine, the law defines a journalist as a “creative
employee who gathers, receives, creates and prepares news on a professional
basis for the media and who exercises professional functions in
the media (as a regular employee or a freelance journalist), in
accordance with the job titles corresponding to journalist appearing
in the State list of professions”.
12. In other member States, there is no legal definition of journalist.
In Germany for example, the profession of journalist derives directly
from Article 5 of the Constitution, which safeguards freedom of
thought, of expression and of the press and prohibits censorship.
Unlike countries
where the profession is defined by law, journalists in Germany do
not have to undergo formal or mandatory procedures. The profession
is open to everyone, with no training or selection requirements.
German journalists and their professional organisations have always
been opposed to a binding or regulatory legal definition fearing
that parliament or the political authorities in general would restrict
their freedoms. However, the membership form of the German Association of
Journalists defines a journalist as a person “whose main occupation
is journalism or who is involved in journalism for most of his or
her working time”. A journalist must be “involved in the production
and dissemination of news, opinions and entertainment via the media
by means of written articles and reports, pictures or sounds or
a combination of these means of production”.
13. Another example is Poland, where the status of journalists
is no longer defined by law, as was the case in the 1980s, when
journalists had to be members of editorial staff (printed press,
television, radio) and freelancers were not mentioned at all. At
present, a journalist is seen and recognised as such by the public authorities
and by civil society as of when they are given work by a press outlet
or other media.
14. The situation in Italy is unique in Europe, if not in the
entire world, as the profession of journalist is governed by the
Italian Order of Journalists (Ordine
dei Giornalisti), comprising a National Council and regional branches
which issue press cards, and a disciplinary board. The law requires
that journalists must be registered with the ODG as professionals,
a status which itself sets requirements with regard to age, length
of practise and training.
2.2. Press
card
15. In a number of member States,
professional journalists possess a press card. It is not mandatory
in all cases and does not necessarily define the status of journalist,
but it may provide media professionals with a useful means of being
identified and recognised as such, particularly by the police or
judicial authorities and by the organisers of public events. The
authorities issuing press cards may vary from one member State to another.
16. In Belgium, for example, journalists are not required to hold
an official press card in order to have the right to work, but the
press card does serve the purpose of identifying professionals
and gives them a specific social status,
in particular where their pension rights are concerned.
17. In France, press cards, which are not compulsory, are issued
by the “Press Card Commission”, made up of 16 full members elected
or appointed for three years. The representatives of the trade unions
are elected from among the six trade unions representing the profession.
18. In Germany, the non-compulsory press card (Presseausweis) is issued by one
of five professional organisations, three of them representing journalists
and two of them representing employers' organisations. However,
for several years now, commercial organisations have been selling
forged or “alternative” press cards without verifying the professional
qualifications of the buyers, which has become a cause for concern
for the legitimate organisations. The official press card is currently
issued on a regional basis in each Land,
but as from 2018 it will be issued on a federal basis, without any
change to the criteria governing its issue.
19. In Turkey, press cards are not mandatory but are a useful
means of identification for journalists, particularly by police
and judicial authorities, at political, cultural or sports events.
Holders of press cards also benefit from reduced ticket prices on
public transport and free admission to public places, including
museums, galleries, exhibitions and stadiums. Press cards are issued
by the Directorate General for Media and Information, an institution
placed under the authority and management of the Prime Minister.
Decisions to issue press cards are taken by a Press Card Commission,
comprising 15 members appointed by the Institution of Media Publications.
The regulations governing press cards establish a restrictive list
of media outlets whose journalists may obtain a press card, as well
as quotas for different types of media and press agencies.
20. In Ukraine, legislation governing national press cards is
currently being drawn up. A draft version of the regulations stipulates
that the card must be issued by the Journalistic Ethics Commission,
at the request of the National Union of Journalists, the Independent
Union of Media of Ukraine or editorial offices of media outlets such
as the printed press, TV and radio broadcasters and press agencies.
The card will serve to confirm a journalist's professional affiliation
as well as their status.
21. In the Nordic countries, press cards are issued by a single
national trade union, meaning that obtaining journalist status essentially
hinges on membership of the union concerned.
22. In Poland, press cards are not mandatory. They are usually
issued by the respective editorial office or media company, with
no restrictions applying. International press cards are issued by
the professional organisations (the Association of Polish Journalists
and the Society of Polish Journalists).
2.3. Self-regulatory
bodies
23. In Belgium, the Journalists'
Ethics Council has the purpose of issuing opinions and taking its
own initiatives, as requested or in response to complaints, regarding
the way in which news is handled in all media. It therefore operates
along the same lines as the press councils which exist in other
countries.
24. In Georgia, under the law on broadcasting, the media must
set up effective self-regulatory mechanisms: anyone seeking to protect
their rights may report a breach of professional ethics standards
by a media company or a journalist to a specific body covering the
media in question and responsible for settling disputes. This mechanism
enables media companies to rectify breaches of the Code of Professional
Standards/Code of Conduct at their own level, making it easier to
maintain high professional standards in journalism. In addition, the
Association of Independent Journalists is responsible, among other
things, for compliance with professional standards and the Charter
of Journalistic Ethics, whose aim is to “heighten the public accountability
of the media through the protection of professional and ethical
standards and self-regulatory mechanisms”.
25. In Germany, the Press Council (Presserat),
a self-regulatory body which receives and assesses complaints concerning
the content published by journalists in the press and online, is
responsible for ensuring compliance with the rules of professional
conduct. Modelled on the British Press Council, it
was set up in 1956 by the professional organisations themselves
following the rejection of a draft law proposing the creation of
a public law body. Complaints are dealt with by a body which examines
them in accordance with the Press Code (Pressekodex).
The penalties pronounced by the Presserat are:
admissibility without consequences, warning, reprimand and finally
censure published by the media in question.
26. In the United Kingdom, a Press Council was set up in 1953
as a self-regulatory body and replaced in 1991 by the Press Complaints
Commission, which was in turn replaced in 2014 by the Independent
Press Standards Organisation (IPSO). IPSO
claims to be an independent regulator of the newspaper and magazine industry
and exists to promote and uphold the highest professional standards
of journalism in the United Kingdom and to support members of the
public in seeking redress where they believe that the Editors' Code
of Practice has been breached. The Editors’ Code of Practice deals
with issues such as accuracy or invasion of privacy. IPSO is able
to consider concerns about editorial content in newspapers and magazines
and about the conduct of journalists. It handles complaints and
conducts its own investigations into editorial standards and compliance.
It also undertakes monitoring work, including by requiring publications
to submit annual compliance reports. IPSO has the power, where necessary,
to require the publication of prominent corrections and critical
adjudications, and may ultimately fine publications in cases where
failings are particularly serious and systemic.
27. In Poland, the self-regulation system in place is represented
by the Media Ethics Council (Rada Etyki Mediów).
This self-regulatory body is made up of journalists and academics
and operates on a voluntary basis. Its arbitration decisions are
rarely known or followed. The body's visibility and general recognition
among Poland's journalists and general public remain weak.
28. In Ukraine, a first step has been taken towards a system of
self-regulation for the media with the setting up of a Journalistic
Ethics Commission and subsequently of regional branches. The commission
is a Ukrainian non-governmental organisation (NGO) addressing ethics
issues at the request of a journalist or other individuals or entities
seeking an ethical assessment of the professional activities of
a journalist, or of an editor, a founder or owner of a media outlet
or the public authority competent in the field of the media. The
commission operates on a voluntary basis and comprises 15 members
elected at the Congress of Signatories of the Code of Ethics of
Ukrainian Journalists. It may issue warnings, make rulings and pronounce
public sanctions.
3. Impact
of the new media environment
29. The current nature of the media
environment results from the changeover, from the beginning of the
first decade of the 21st century, to “all-digital” methods of journalistic
production and dissemination. Even newspapers are produced by journalists
in a digital manner in newsrooms whose methods of operation have radically
changed over the past 20 years. This development has led to profound
changes in the daily lives of journalists and has led to some confusion
between professionals and other “media contributors”.
3.1. The
same status but a new technological environment
30. The official status of journalists
has remained the same despite the multitude of technologies since professional
journalism is in essence still the same. However, new forms of production
and new sources of information have emerged even in the “traditional”
media.
31. Whereas traditionally sources were identified (agencies, press
releases and investigative work), information now also comes from
non-professional sources (bloggers, “you-tubers”, content generated
by the users, etc.). The question of “user-generated content” or
the generic terms “citizen journalism” concerns this expertise in
a relatively limited manner since by definition non-professionals
do not have any particular status. No country in Europe grants the
status of journalist to people who do not meet the necessary requirements, i.e.
that their main occupation is the processing of information and
that this is how they earn their living, which does not, of course,
apply to amateur bloggers. In theory, for example, bloggers in Germany
may obtain a Presseausweis provided
they meet the aforementioned requirements for its allocation. However,
as a result of the media economy, individuals who do not sell their
articles to press organisations simply cannot make journalism their
main activity and source of revenue.
32. Although some more analytical platforms such as
Les Crises publish bloggers’ contributions,
the latter are not paid for their contributions and the website
clearly states that such contributions do not constitute “information”.
At present, bloggers who are successful are either journalists who
blog in addition to their normal work, or other professionals (legal
and scientific experts) who do not necessarily claim to be journalists.
The debate in Germany currently concerns these
Gelegenheitsbloggers, blogger whose
main occupation is not blogging but who nevertheless want their
status to be acknowledged because they produce quality content.
For them, the
Presseausweis is
not an end in itself but this category of blogger cannot necessarily
claim rights such as the protection of sources. In the event of
libel and slander, the criteria applied by the courts in the case of
disputes will be the same as for professional journalists since
these rights are enshrined in the Constitution.
33. Indeed, the development of “citizen content” means that it
is not so much the status of journalists that poses questions but
rather that of its impact on professional journalism, i.e. verification
of information, lower quality and above all radical changes in economic
models.
34. As soon as technology made it possible (as from 2008), the
traditional media took advantage of the situation to have recourse
to non-professionals not only to diversify their sources and offer
a wider range of content but also to make savings in terms of salaries:
- for example, The Blog Paper in Great Britain planned to gather
articles from bloggers and to publish them in the form of a hard
copy magazine for which payment would be required. However, the
project collapsed;
- the same year, in France, the free daily newspaper Metro drew up an agreement with
the photography agency Citizenside, which
“pays” non-professional photographers from €10 upwards;
- for many years, the German magazine Bild has
had a “Leser Reporter” column based on photos and short texts sent
in by readers.
35. Recourse may be had to non-professional journalists for other
reasons: the
Bondy Blog was set up in 2005 in the Paris suburb
of Bondy by journalists of the Swiss magazine
L’Hebdo to
mitigate the lack of information during the “riots” in a number
of Paris outer-city areas and by giving a voice to young people
who otherwise had difficulty in making their voice heard. The blog
subsequently set up a series of partnerships with the “traditional”
media, schools of journalism and sponsors and currently publishes
articles by some 50 contributors.
36. These examples are cited as initial experiences but recourse
to non-journalistic content has since become very widespread if
not the norm. Sometimes citizens’ contributions help to improve
news coverage and make it more immediate, for example when tweets
bear witness to police violence during protest marches or in conflict
areas.
37. There is nothing new about having recourse to non-professionals
as witnesses of news that could not otherwise have been obtained
(accidents or exceptional events), but making this part of the daily
functioning of the media economy and making it the norm is a much
more recent development.
38. This situation prompts the question of the responsibility
of journalists (and in particular managing editors) as regards non-professional
information sources and user-generated content. In strictly legal
terms, the managing editor bears the responsibility for all published
content and will therefore be presumed to be at fault. Comments
on articles incur the liability of the publisher, for what are relatively
common offences: defamation, racism, links to hacking sites, child
pornography or jihadist content. As there is no relationship of
subordination between bloggers and managing editors, the latter
have no control over the articles published by bloggers. They do
remain responsible, however, for what is written by outside contributors.
There have been cases of online provocation, using messages aimed
at making the media outlet take the blame.
39. To protect themselves, publishers have had to introduce prior
moderation, often entrusted
to an outside agency, entailing high costs, and more recently several
media outlets have chosen to simply do away with comments on articles.
Public involvement has shifted to external platforms such as Facebook.
This may relieve pressure on editorial units but it also breaks
the link of direct exchange forged between journalists and the public.
40. Besides the bloggers guesting in defined digital areas, we
have also seen the development of vast free blog-hosting platforms
with post-moderation, which has led to a proliferation and growing
confusion, with the public unable to distinguish between bloggers'
articles and newspaper articles. At present, there is increasing confusion
between journalists and bloggers. This is one of the factors that
has prompted the crisis of trust faced by the press today. There
is a real need, expressed by both journalists and the public, for
newsrooms to take back control of the content of their media. The
current tendency not to clearly differentiate between “producers of
content” and “journalists” may result in total confusion, and even
the extinction of journalistic work.
41. It is indispensable to carry out monitoring and checking through
the supervision of outside contributors; to clearly draw a distinction
in readers' eyes between representatives of the media outlet and
outside contributors; to look into the anonymity of certain contributors
to establish their identity as far as possible; to clearly draw
the line between journalistic information and public relations or
propaganda.
42. Finally, a further addition has been content generated by
robots: since 2010 sectors such as sport (sports results) and finance
(stock exchange developments throughout the world) have been affected
by widespread recourse to “robot journalism”. In sport, for example,
robots are currently capable of creating a short video using photos
and a text comprising three paragraphs, which was itself created
by a robot.
43. The automation of certain tasks, such as the reporting of
results of sports matches or election results allow a speed of execution
and a huge number of articles beyond the capabilities of humans.
But the media outlet is still responsible for the information published
and lays down the rules for publication. Furthermore, these “robot
articles” are limited for the time being to very factual and brief
reports. However, one question will arise fairly quickly and that
is how to ensure that these “robots” are reliable, as the risk of
hacking or remote control is a very real one.
44. Other innovations are to be expected in the coming years,
for example: the Internet of objects and the recognition of pictures,
which will make it necessary to reconsider how things are represented;
conversational interaction, which will give the public the opportunity
to ask a robot questions on the content of an article; the mixed
reality, which will combine journalism and the immersive environment,
etc. These innovations will be not only technological but also professional
because they will have to be designed, programmed and, hopefully, controlled
by human beings.
3.2. How
journalists’ daily lives are changing
45. Journalists need to be active
on social networks (Facebook, Twitter, Instagram, etc.).
In the United Kingdom, over 80 000
tweets are posted every year by professional journalists in the
context of their work. Since 2013, the
Guardian’s Twitter
account has had over a million subscribers and has now just gone
over the 6 million mark. In Germany, 30% of journalists believe
that social networks are “important or very important” for their
work.
The development of media content
on the social networks has brought with it new job profiles (in
particular “community managers”).
46. These new tasks and new skills logically raise the question
of training and professional norms. Many “community managers” have
no in-depth knowledge of professional journalistic norms whereas
their work entails responsibilities with regard to content and vis-à-vis
the public, which may pose problems in terms of quality and professional
conduct. Moderating online comments is also an extremely important
issue since a judgment of the European Court of Human Rights,
handed down in 2015, confirmed that
an online news portal was responsible for comments made by its readers
entailing “hate speech and speech that directly advocated acts of
violence”. The director of an information publication is also instructed
to “police” online comments.
3.3. The
increasing job insecurity of journalists and the explosion in the
number of freelancers
47. Humans form the basis of journalism
even if since the 1990s staff expenditure has often been considered to
be an adjustment variable by press groups, which are increasingly
concentrated and dependent on financial markets. Contrary to common
belief, the “press crisis” did not begin in the 1990s but much earlier
when media ownership changed hands from family groups to financialised
and heavily concentrated economic structures with either a “vertical”
form (as is the case with regard to the regional daily press in
France which is in the hands of a small number of groups) or a “horizontal”
concentration (when the media are amalgamated into an often multinational
company and active both in journalism, fiction, telecoms, etc.).
There were spectacular developments in the “consolidation” of the
media in the 1990s in central and eastern Europe with the increasing role
of free-market economics, thereby providing the opportunity for
western European groups to get their hands on almost all private
media.
On grounds of national responsibility
for this area, the European authorities did not prevent the concentration
of ownership, sometimes with the ulterior motive of facilitating
the emergence of “media giants” capable of competing with American
groups.
48. Media ownership is not the theme of this report, but journalists’
job insecurity is directly linked to economic pressure and the collapse
of the traditional model of financing (based until recently on approximately 50%
of sales revenue and subscriptions and 50% from advertising). Income
from distribution remains but advertising revenue has dropped substantially,
in particular as a result of the rise in power of GAFA (Google-Apple-Facebook-Amazon).
Online advertising, although internet users sometimes find it intrusive,
remains relatively marginal in terms of income. If we refer to the
very well documented American market, the advertising income of
the press dropped from 65 billion dollars in 1999 to 20 billion
in 2013, and only some 3 billion came from online advertising. Newspaper
revenue dropped from 0.8% of gross domestic product (GDP) in 1990
to 0.2% in 2016.
The decline in the printed press
in the United States is such that the Newspaper Association of America
dropped the term “newspaper” from its name in 2016 to become the
News Media Alliance. In Europe, newspaper circulation dropped by
21% between 2010 and 2015 and advertising revenue by 23% over the
same period, while advertising on digital media represents no more
than 20% of revenue.
49. This economic upheaval is one of the main factors that has
led to job insecurity for journalists: the decline in revenue of
the majority of the media, publishers’ casting around for new financial
models (free access, “paywall” or “pay-per-view”, increasing the
sales price, or doing away with the printed version) and the quasi-automatic
recourse to the outsourcing of work contracts have largely contributed
to journalists’ job insecurity.
50. This job insecurity is however above all the result of the
explosion in the number of so-called
freelance journalists,
although recourse to atypical work relations covers a wide variety
of statuses: freelance journalist,
auto-entrepreneur,
short-term or part-time contracts and sometimes even agency work.
Generally speaking, there is a “grey area” where the status of non-employees
is concerned.
The common characteristic of these statuses
is that most of them are imposed by employers, with the result that
their title does not mean what it says since instead of being
freelancers
, such
persons are
forcedlancers or
fakelancers, who work under the same
conditions as full-time employees, the difference being that they
do not have the same rights.
51. In the same newsroom, two people can do the same work but
have two different statuses. This poses problems of principle and
engenders de facto inequalities.
The salaried employees will receive a “net” salary whereas the freelancers
will have to pay their own social contributions out of their “gross”
salary. Salaried employees enjoy rights (paid leave, maternity/parental
leave, sick leave, retirement pension, unemployment benefits) that
freelancers do not have. There are also some positive examples in
this area: in Poland, for example, tax relief is granted to the
professions considered as artistic (writers, artists, etc.), to
which all journalists belong, meaning that Polish freelancers benefit
from certain tax concessions. In general, though, the precarious
situation of freelancers remains a cause for concern.
52. In addition, freelancers have difficulty in gaining professional
recognition. Some of them do other work outside journalism (public
relations, public services, private sector) which may clash with
their independence as a journalist. Moreover, freelancers are more
exposed to financial pressures or self-censorship.
53. Freelancers do not always have the possibility of being represented
by trade unions and even less so of negotiating their rates since,
in many countries, competition law prohibits “independents” from
bargaining over the price of their services. A law recently passed
in Ireland, providing for exemptions from competition rules for certain
categories of freelancers, including journalists, who will be able
to collectively negotiate freelance rates, is currently an exception
to the rule. Even in France where the status of freelancer is defined
by law, the trade unions are opposed to the status of auto-entrepreneur as it does not
entail the same social security obligations. There is also a tendency
towards “personalising” journalism by inciting freelance journalists
to do marketing in connection with their individual “company”, thereby
leaving them less time for basic journalistic tasks. One possible
means of improving the precarious situation of freelancers would
be to grant them a core of common rights granted to salaried employees,
as is already the case in Germany.
54. The number of freelancers varies according to the country:
in Germany the number of trade unionists who are freelancers is
26 000 out of some 43 000 employees.
In France, where the statistics gathered
by the Press Card Commission are very accurate, there are some 6
600 freelancers among the 33 700 persons who renew their press cards,
but it should be noted that of the 1 500 first applications in 2016,
1 080 were freelancers, namely two thirds.
This situation shows that what was
“atypical” has become “typical”. In Great Britain too, the figures
highlight this trend: 18 000 freelancers in 2015 and 34 000 in 2016!
56. The question of freelancers also raises that of the fixing
of rates: while trade unions can negotiate salary scales for employees
in collective conventions, it is sometimes not only difficult but
also illegal for the “self-employed” to claim minimum rates as that
would be contrary to legislation on free competition. That was the case
in the Netherlands until the European Court of Justice upheld the
rights of freelancers in 2014.
57. This increasing job insecurity mechanically entails a decrease
or stagnation in salaries:
- according
to a Spanish study, chief editors experienced a 24% decrease in
salary between 2010 and 2015, editors a 20% decrease and the median
salary in the press dropped 17%;
- contrary to common belief, German journalists are not
financially “privileged”. In Germany, the average income of freelancers
is approximately €2 000 per month (but scarcely more than €1 000
in some Länder such as Sachsen-Anhalt),
and the national average is €1 750 for those under 30 years of age;
- in the United Kingdom, a survey carried out in 2016 and
involving 310 freelance journalists showed that a third earned less
than €12 000 per year whereas the average annual salary of an editor
is some €36 000. A third of British freelancers earn so little that
they receive welfare benefits and a third of them have a second
job to earn enough money.
58. Against this backdrop of increasing insecurity of the profession
of journalist due first and foremost to the overturning of traditional
economic models, the rise of “alternative” economic models can be
observed in some countries. For the time being, they are too few
in number and too recent to clearly demonstrate their effectiveness
or utility, but these “alternative” economic models might point
to development trends in the medium and long term. One example is
the donation-funded media model, seen in the United States
or France.
In one unique experiment in Germany,
an online media outlet
managed to raise around a million euros
in six weeks to support 28 journalists in their efforts to launch
an ad-free online magazine. “Sponsors” agreed to pay a €60 annual
subscription fee for journalistic content which is also accessible
to the public, the difference being that the sponsors were also
able to speak directly to the journalists and suggest topics and
research subjects. Finally, at international level, some sites
rely on the exchange of different
types of support (research, accommodation, local networks, etc.)
operating on collaborative and solidarity-based lines.
3.4. Gender
inequality
59. On the job market, gender inequality
is also being seen in the profession of journalist. In terms of
the pay gap, women journalists earn 16% less than men in the European
Union, and the difference is even as much as 24% in Belgium, where
only 30% of journalists are women.
They are leaving the profession or
not even going into it because of its precarious nature. Women are
also less often employed full time, which increases job insecurity.
60. In terms of hierarchy, while the proportion of women and men
is more or less balanced at the lower end of the scale, there are
marked differences in the middle manager echelon, and at the highest
level the ratio is one women to four men.
61. Women's careers are shorter than men's. There are more women
with children than men with children, and being a parent is difficult
when working as a journalist. This is all the more the case with
the advent of the digital environment, as the working day does not
end upon leaving work but carries on after office hours.
62. One rapidly growing phenomenon targeting female journalists
in particular is cyberbullying. Men can be victims too, but for
women, and especially those under 30, this bullying typically comprises
an element of misogyny. Where sexist violence in the workplace is
concerned, one quarter of the women working in the media sector
have been physically assaulted, half of them have been sexually
harassed, and three quarters of them have experienced intimidation,
threats or abuse.
3.5. Job
losses, a problem in itself
63. At the same time as job insecurity,
problems of funding and technological changes have resulted in job losses.
Although Europe is not as devastated as the United States, where
jobs in the press declined from 55 000 in 1990 to just over 30 000
in 2015
and the number of newspapers dropped
from 2 700 to 2 000, there have been severe job losses in some European
countries. In Spain, a country which has been badly affected by
the economic crisis and austerity, over 12 000 jobs were lost in
journalism between 2008 and 2015,
over 4 000 of which were in the television
sector, mainly due to the reorganisation of public audiovisual services.
In France, there have been a number of redundancy plans over the
last few years, the most recent at
L’Obs and
La Voix du Nord, where over 200
posts have been cut. One concrete example in Belgium is the daily newspaper
Le Soir where the number of journalists
dropped from 152 in 2 000 to 90 in 2016. In Germany, where the press
sector, particularly the regional press, remains vibrant, it is
mainly mergers which have led to job losses, for example 400 job
losses at Gruner + Jahr in 2014
and 200 at the WAZ in 2013.
Despite the decrease in staff, the
amount of work to be done has increased as, in addition to daily
articles, the journalists are expected to produce news bulletins
and updates for the online version. In Poland, in the period since
2009, there have been fixed job losses of some 400 salaried employees
from the media sector in the broad sense (including technical staff)
as a result of outsourcing, especially in the public television
and radio broadcasting sector. However, economically driven job
cuts have been compounded by politically driven job losses: following a
change of parliamentary majority after the parliamentary elections
of 2015, 220 journalists have left the industry, either receiving
severance payments or being made redundant by public television
and radio channels.
3.6. The
deterioration of working conditions: trends and risks
64. Journalists have observed a
deterioration in their working conditions and the trade unions have
been condemning this trend for years now. Sometimes these changes
can be quantified. Studies carried out in various European countries
or in the United States have, for example, revealed the following:
- longer working hours: the Association
of Bavarian Journalists is regularly informed of members working up
to 55 hours a week;
- an increase in tasks (“multiskilling”): a British study
shows that 64% of the journalists questioned said that they were
under pressure to provide more content within the same working hours.
Whereas in the 1980s a television documentary required an editor,
a camera man, a sound technician and then a post-production editor,
a large amount of audiovisual content is now produced by “Shiva
journalists”, who are responsible for performing a multitude of
tasks, including following up their work on the social networks. One
person currently does the equivalent of what three people did in
the 1980s;
- a lack of clear dividing lines between professions. Generally
speaking, technological developments and the multiplication of tasks
mean that the division of work that previously existed in newsrooms
is no longer clear-cut, thereby increasing journalists’ technical
workload to the detriment of their basic work (research, verification
and creation), with the result that there is a “deskilling” of certain
professions;
- pressure on journalists to meet performance targets of
course has an impact on their ability to carry out research and
enquiries. Armchair journalism, in other words seeking information
via standard and unverified press releases or on the social networks,
has taken over from investigation and the diversity of sources.
It has become commonplace to find the same article “copied and pasted”
in several newspapers or on several websites simply because they
use the text of a press release as it stands, whereas one of the
principles of professional journalism is to check information and
use a variety of sources (in terms of not only opinion but also
gender and social or ethnic origin). Working conditions therefore
have a direct influence on pluralism and the quality of content;
- stress and burnout among journalists has increased over
the past few years. There are many reasons for this:
heavy workload, increased competition owing to the immediacy of
the exchange of information, impossibility to “switch off” in the
digital environment for fear of losing one’s job, concern about
the quality and consequences of the work done under pressure without
being able to comply with all professional standards, lack of solidarity
between colleagues, lack of counselling services in companies;
- women journalists, particularly young women, are subjected
to pressure with regard to their work–life balance. There is therefore not only gender
inequality with regard to pay but also with regard to stress and
burnout. Women are for example more likely to give up working as
journalists;
- lack of training or insufficient training: many media
companies do not invest enough in training. Given the drastic increase
in the number of freelancers, training is a crucial issue since
in the absence of offers of training from employers, freelance journalists
do not have the opportunity or time to undertake training;
- freelancers often lack preparation or insurance for working
in risk or conflict areas (protest marches, public events, armed
conflicts), which places them in physical danger or encourages them
to take disproportionate risks.
4. Role
of the trade unions and/or professional organisations
65. In Europe, the professional
status of journalist follows a wide variety of traditions and norms.
This applies also to trade unions in the journalistic sector. The
differences between France and Germany are quite striking: whereas
in France – just as in Belgium – only recognised professional journalists
can become members of a trade union, in Germany the two main trade
unions (DJV and dju in ver.di) also include journalism students, retired
people and categories of people who do not have the status of journalist:
presenters, bloggers, web designers, content managers and people
in charge of information intended for the public (press relations officers
of public institutions and those in charge of external communications
in the private sector) in the case of the DJV if they provide a
“journalistic service”
or in the case of dju in ver.di
if they are already members of another trade union.
These two trade unions have some
60 000 paying members.
66. Germany and France therefore are two very different examples
of trade union representation: whereas the two German trade unions
represent almost the entire profession and together negotiate collective agreements,
only 9 403 votes in total were cast for all six unions that make
up the Press Card Commission in France
and the
total number of journalist members is approximately 4 000, signifying
trade union representation of under 10%.
The
reasons are linked first and foremost to labour law since in France
the trade unions can negotiate collective agreements per branch
provided that one of them secures more than 8% of the votes at elections
per branch. There is thus a national collective agreement and then
a series of agreements by title of press publication.
67. The case of Belgium is simpler as there is only one trade
union organisation, the AGJPB, which represents 80% of the profession.
68. In Poland, it is only in the public audiovisual sector that
journalists have organised themselves into two trade unions, Visio
and Solidarność. The private media (audiovisual and print) have
no trade unions. The law does not allow freelancers to form specific
trade unions, which is a problem.
69. It should be noted that in the Anglo-Saxon system there are
no branch agreements and that the possibility for trade unions to
negotiate collective agreements at company level are linked to very
high requirements of representation (over half of a company’s employees
must be members of a trade union – as we know, a growing number
of people working in journalism are freelancers and consequently
not “employed” according to the law). The National Union of Journalists
currently has 27 500 members.
70. Generally speaking, journalists’ trade unions in Europe mainly
represent full-time journalists, self-employed journalists and photographers
but also graphic designers, certain technicians, students and public relations
officers.
Finally, recent studies show that
members of trade unions are confronted with the problem of the ageing
of their members and low renewal rates.
71. Employers are, for their part, also grouped together in national
organisations.
Although they sometimes
offer training and invest in human resources, the economic situation
of the past 20 years has led them to focus their efforts on problems
of survival, in other words on their sources of revenue, how to
reduce expenditure (particularly staff expenditure), success or
failure in adjusting to the digital environment and competition
with news aggregators, search engines and social media.
72. Apart from the very survival of the media, the only genuine
points of convergence between trade unions and employers’ organisations
are generally the defence of freedom of the press and the principle
of protecting intellectual ownership (although, in reality, on this
last point the principle leaves room for opposition between the
creator’s copyright and the surrendering of such rights to employers).
73. There are many types of journalists’ trade unions in Europe
and they operate in very different professional and political environments:
there is no real east-west or north-south dichotomy since the distinctions
are between strong collective rights (France) or weak collective
rights (the United Kingdom), strong representation (Nordic countries)
or weak representation (France), legal recognition or social dialogue
(France, Italy, Belgium and Germany) and the quasi-absence of social
partners (central Europe), etc. Finally, the professional landscape
is strongly influenced by the general political climate between
“open” societies and authoritarian regimes or those which are hostile
to media freedom (Turkey, the Russian Federation, Azerbaijan, and
“the former Yugoslav Republic of Macedonia”) and conflict zones
(Ukraine, Turkey and Nagorno-Karabakh).
74. In a context where it is difficult to exercise the profession
of journalist, the professional organisations in various Council
of Europe member States are looking for practical solutions to cater
for journalists' needs. Here are a few significant examples:
- in Austria, the GPA-djp trade
union has for many years targeted workers in the digital press and
those who do not necessarily consider themselves “journalists”.
One tangible result is a collective agreement for online workers
of the ORF public broadcasting network and the inclusion of other
online workers in the general collective agreement;
- in Denmark, 40% of the members of the DJ trade union are
not journalists but public relations workers, graphic designers,
etc;
- in Germany, the trade unions have succeeded in negotiating
Article 12A of the Tarifvertragsgesetz (collective bargaining law) making
it possible to include freelancers in collective agreements under certain
conditions (for example if over 50% of their income comes from a
single client);
- in the Netherlands, the NVJ trade union offers free membership
for students, which is a way of initiating and retaining potential
paying members;
- in Norway, the NJ trade union has created a “freelance
calculator”, which helps to calculate how much a salaried employee
would be paid for the same work.
5. Conclusions
5.1. Definition
of and access to the profession
75. The issue of the status of
journalists is considered from several different viewpoints in this
report in order to build the discussion around the role of the journalist
in today's democratic societies and suggest possible responses to
the questions arising in a context of sweeping changes taking place
within the profession on technological, economic and societal levels.
76. The status of journalist is a notion that is intrinsically
linked to the definition – in legal or other terms – given to this
profession, but above all to media professionals' rights and responsibilities.
While the legal definitions may differ from one country to another,
what remains important is that, in return for meeting professional
responsibilities, the status of journalist entails free access to
the profession and also reasonable working conditions enabling journalists
to fulfil their crucial mission in a democratic society, that of
correctly and neutrally informing the public.
77. While there is no harmonised definition of journalist at European
level, the Council of Europe's member States have ratified a number
of conventions, not least the European Convention on Human Rights
(ETS No. 5), and adopted several recommendations in which the role
of journalists in a democratic society is described in clear and
converging terms.
78. This brief survey of a number of Council of Europe member
States tells us that the profession of journalist is defined in
legal terms in most cases. The laws in European countries normally
stipulate types of media companies, the nature of the activity carried
out and the regular basis of the work. Cases where there is no legal
definition of a journalist, leaving the profession open to all,
with no training or selection criteria applicable, are more rare.
In such cases, it is usually the professional associations which
define the profession of journalist, in non-legal terms, as an individual
whose main activity is to disseminate news, opinions and entertainment
via the media.
79. The lack of a legal definition of the notion of journalist
should not be a disadvantage in itself, as long as there is free
and non-discriminatory access to the profession. That said, a legal
definition of journalists may be useful for protecting their rights
(including the right to keep their information sources secret) as
well as for drawing a clear distinction between a professional journalist
and a blogger. In countries where there is no legal definition of
a journalist it might be advisable for legislators to consider this
matter.
80. The analysis of the situation in a number of member States
shows that press cards are not normally mandatory and not necessarily
instrumental in defining journalist status. However, it is a useful
means for media professionals to be identified and recognised as
such, particularly by the police or judicial authorities and by
the organisers of public events. The issuing of press cards is normally
an internal matter for the profession, with the responsibility lying
with the professional associations outside the control of the authorities.
There are exceptions however, where press cards are issued by an
institution under the authority and control of the government: obviously,
in such cases, the political authorities may be tempted to exploit
this situation to control access to and the exercise of the profession
of journalist for ideological gain, by exerting undue pressure.
81. Accordingly, the subject of press cards (including the criteria
governing their issue) should be a matter for the profession itself,
in order to better guarantee the freedom to inform the public without
pressure or influence.
5.2. Self-regulation
within the profession
82. Given the general principle
of freedom of expression and information, the activities of journalists
are not normally demarcated by specific laws relating to their profession.
Provisions concerning the limits of freedom of expression, such
as incitement to hatred or violence, are to be found in general
laws.
83. Experience shows that the best solution for ensuring the freedom
and responsibility of the press is self-regulation within the profession.
In most Council of Europe member States journalists have instituted
such systems, including press councils, ethics committees, codes
of ethics for journalists, etc. These mechanisms differ in nature
and effectiveness from one country to another but, in all cases,
self-regulation within the profession is a key requisite for the
freedom of the media on the one hand, and for their responsibility
on the other hand. Consequently, the Council of Europe should encourage
the development and consolidation of self-regulation systems in
its member States.
5.3. Adapting
to the new media environment and economic context
84. The profession of journalist
is currently undergoing sweeping changes in several respects. Firstly,
the distinction between professionals and other “media contributors”
is now becoming increasingly blurred. While it is true that the
official status of journalist remains unchanged, as no European
country grants this status to those who do not meet the criteria,
the new, so-called “alternative” forms of news production and sources
are booming and are having a marked influence on journalists' activities
and working methods.
85. In the face of “user-generated content”, which calls for increased
responsibility and vigilance on the part of every journalist, one
question requiring closer examination concerns the responsibility
of the managers of publications and the scope/limits of that responsibility.
In view of the risks of inflammatory statements via anonymous or
camouflaged contributions from outside, which are always possible
with mere post-checking, something that might be considered is reviewing
the legislation presuming liability on the part of the publishers. Even
so, a diminishing of their liability can only be effective if, at
the same time, we are capable of identifying and sanctioning the
real culprits, so that user rights are not less protected. This
makes it particularly complex to strike a new balance between the
responsibility of those who disseminate content and the protection
of the public.
86. The advent of a fully digital environment is radically transforming
the nature of news work. Features of the new media environment currently
complicating the profession of journalist include: increased competition driven
by the immediacy of information exchange, more tasks to be handled
causing work overload and a lack of training. Things are no better
economically speaking, with the collapse of the traditional model
of financing constituting one of the prime factors in job insecurity
for journalists and the escalating number of freelancers.
87. This unfavourable context poses a very real risk of a drop
in the quality of journalists' work. It is difficult to say today
what the responses to these challenges might be. Multiple responses
are required, through good co-operation between professional organisations,
regulators, legislators, civil society and public authorities.
5.4. Pointers
for possible solutions
88. The national authorities should
explore avenues for alternative funding in a new media ecosystem,
and this might include the redistribution of advertising revenue
generated by search engines or social media.
They should also explore new forms
of legal status for media companies, such as “non-profit media companies”
to arrive at a funding system that
is both viable and independent (in addition to public media service).
Where freelancers are concerned, they could be included within the
scope of labour legislation in terms of minimum pay, which would
avoid having to consider regular freelancers from the perspective
of competition laws.
89. At present, the printed press is populated almost exclusively
by privately owned media, whereas the audiovisual sector operates
a system where commercial and public services function alongside
one another. At a time when technological convergence is tending
to blur these distinctions in terms of online news “consumption”,
and when journalists are having to handle tasks extending across
all media, it seems a good idea to develop models of governance
and finance that are innovative, in that they are distinct from
traditional advertising revenue and the demand for returns on shareholder
investment. It would be a good idea to institutionalise crowdfunding,
for example by giving decision-making power to donors providing
more than 1% of registered capital. This would be a hybrid model
somewhere between foundations and joint-stock companies.
90. The national authorities should also introduce regulations
ensuring respect for the norms and rights of the media, particularly
regarding impunity for attacks against journalists, the protection
of sources and freedom of expression. There are still numerous shortcomings
in terms of media rights: for example, prosecutions of perpetrators
of attacks on journalists are not always accompanied by efforts
to find the people who ordered them or quite simply not enough is
done to track them down. These shortcomings are also reflected in
a lack of protection for journalists' sources: there are still too
many exceptional interventions on security grounds and too much
use of electronic eavesdropping, and in some cases there is no appropriate
legal framework. On the subject of freedom of expression in general,
the Platform to promote the protection of journalism and safety
of journalists
shows that national legal instruments
are still inadequate to ensure respect for the rights of the media
in accordance with Article 10 of the European Convention on Human
Rights. The national authorities should take the necessary steps
to resolve these problems.
91. Another problem requiring more input from national authorities
is inequality between women and men on the labour market. To identify
practical solutions to this phenomenon, it must first be analysed,
and the States should provide backing for the studies needed; short-term
action plans should then be recommended, with statistical indicators
for media companies, backed up by campaigns to raise awareness of
labour market inequalities. Beyond norms banning sexist behaviour,
there is much to be done to change improper conduct, mentalities
and stereotypes. The national authorities should introduce mechanisms
inciting employers' organisations to seriously tackle these problems
in the long term, as employers tend to deny that they exist or take
action only if a crisis arises.
92. Moreover, the national authorities should authorise and encourage
the involvement of representative social partners in the media sector
to promote dialogue between trade unions and employers.
93. With regard to journalists’ trade unions and organisations,
they should promote membership, particularly among young people
and women. These bodies should “throw open their doors” not only
to professional journalists but also to other content providers
or managers who are currently excluded from many trade unions. It
should not be absolutely necessary to hold a professional press
card to become a member of a journalists’ trade union. In general,
the professional organisations should encourage dialogue between
professional journalists and other professions providing content
on matters concerning quality, professional standards and responsibility.
94. Professional organisations of journalists should adapt to
societal changes. The status of journalist should be adaptable,
as its essence lies in the tasks and not in the legal definition.
One good example is that of Great Britain and the Nordic countries
where press cards are granted in relation to the activity and not
the definition set out in the labour contract or the collective
agreement.
95. The professional organisations should also diversify themes
and fields of training, adapting to the demands of the new media
environment: marketing, self-promotion, digital rights, etc. In
addition, they should also develop a wider range of services for
their members (online networks, legal assistance, handbooks for freelancers).
96. The trade unions should continue to negotiate collective agreements,
including where possible freelancers who work on a permanent basis
(“fakelancers”). They should
include and defend the rights of freelancers and temporary workers
in the workplace but also in labour legislation in general. Given
the huge increase in the number of freelancers, the professional
organisations should find solutions to counteract job insecurity
and support journalists. This report cites a number of good practices
that might serve as a source of inspiration in countries where the
situation of freelancers is particularly difficult.
97. There are still European countries where trade unions are
not allowed to represent non-salaried workers, and above all many
situations where, even if unions include freelancers and “atypical”
workers, the latter categories are not included in collective bargaining.
Now that the “atypical” workers are becoming the majority, if not
the norm, it is necessary for all journalists to be covered in collective
agreements and bargaining, and in any case for basic rights such
as working hours, wages (freelance or hourly rate), paid leave after
a certain length of service, social insurance contributions covering
pensions, social security, unemployment, etc. The social partners
should be allowed to negotiate on behalf of all journalists.
98. Finally, beyond upholding the freedom of the media, the trade
union organisations should also have input with regard to improving
working conditions, increasing salaries and training for the new
media. At least on the latter point, employers' organisations should
join forces with the unions.