Strasbourg, 13 August 1998

Restricted

CM(98)130

(15 September 1998, B level, item 5.1)

1. The Steering Committee on the Mass Media (CDMM) held its 48th meeting in Room 9, Palais de l'Europe, Strasbourg from 9 to 12 June 1998. The meeting was chaired by Ms Teresa RIBEIRO (Portugal). The list of participants is set out in Appendix I. The agenda, as adopted, appears in Appendix II.

2. During the meeting, the CDMM defined a number of orientations for implementing the Action Plans of the 2nd Summit of Heads of State and Government of the Council of Europe and the Thessaloniki Ministerial Conference concerning new communications technologies. The Committee of Ministers is invited to note that the CDMM took a number of steps with a view to contributing to the preparation of the text to be drawn up to implement a European policy in the field of new information technologies mentioned in the Action Plan adopted by the 2nd Summit. The Committee of Ministers might also wish to note that the CDMM underlined the need to establish co-ordination and co-operation at the earliest opportunity between the various intergovernmental bodies (CDMM, CDCC, CJ-PD and PC-CY) dealing with issues related to the new information technologies, particularly in order to achieve a properly balanced text.

3. The CDMM also decided to redefine the terms of reference of certain of its subordinate bodies (MM-S-PL, MM-S-NT and MM-S-HR) and to set up a new Group of Specialists on the assessment of digital developments in the media field (MM-S-AD), with a view to implementing the 2nd Summit Action Plan and, as regards the MM-S-HR, the Committee of Ministers' monitoring exercise in the area of freedom of expression and information (see also paragraph 6 below). The Committee of Ministers is invited to approve the draft terms of reference of these different bodies, which are set out respectively in Appendices III-VI to this document.

4. In addition, acting on a proposal from the European Commission, the CDMM decided to establish a new Group of Specialists on the legal protection of services based on, or consisting of, conditional access (MM-S-CA). The Committee of Ministers is invited to approve the draft terms of reference of this Group of Specialists, which are set out in Appendix VII below.

5. Furthermore, the CDMM made a number of proposals concerning its 1999 Work Programme, with the aim of rapidly implementing the decisions of the 2nd Summit concerning the new information technologies and following up, as requested by the Committee of Ministers, the procedure to monitor compliance with the undertakings made by member States with respect to freedom of expression. The Committee of Ministers is invited to note that the CDMM requested that sufficient budgetary resources should be made available to enable it to achieve these objectives.

6. At the request of the Committee of Ministers, the CDMM examined the possible follow-up to the Committee of Ministers' monitoring exercise in the area of freedom of expression and information. The Committee of Ministers might wish to note that the CDMM requested its Group of Specialists on media law and human rights (MM-S-HR) to study the question of restrictions to the expression of opinions or the disclosure of information about politicians or civil servants. Furthermore, the CDMM instructed its Group of Specialists on media in a pan-European perspective (MM-S-EP) to make proposals concerning activities which could be included in the Council of Europe co-operation programmes (ADACS) in order to address the problem areas identified within the framework of the monitoring exercise.

7. The CDMM reviewed the activities carried out by its various subordinate bodies (MM-S-NT, MM-CM, MM-S-EP, MM-S-PR, MM-S-HR) and gave them guidelines for the continuation of their work. With regard to the Group of Specialists on the protection of rights holders in the media field (MM-S-PR), the CDMM decided not to grant observer status to the professional organisations ARTIS and AEPOC, since other observer organisations on the MM-S-PR already represent the same interests.

8. The CDMM also took note of the progress made by the Working Party which it had established jointly with the Council for Cultural Co-operation (CDCC) with a view to preparing a draft additional Protocol concerning television productions to the draft European Convention for the Protection of the Audiovisual Heritage.

9. The CDMM held an exchange of views on the results of the 5th European Ministerial Conference on Mass Media Policy (Thessaloniki, December 1997) and defined a number of preliminary orientations for the preparation of the next Ministerial Conference. The Committee of Ministers is invited to note that the CDMM proposed that the Conference be organised in Poland (Cracow) during the year 2000.

10. In accordance with the request of the Ministers' Deputies, the CDMM adopted two Opinions concerning respectively Recommendation 1332 (1997) of the Parliamentary Assembly on the scientific and technical aspects of the new information and communications technologies and paragraph 6 (i) of Recommendation 1325 (1997) of the Assembly on traffic in women and forced prostitution in Council of Europe member States. The Committee of Ministers is invited to take note of the Opinions of the CDMM, which appear in Appendices VIII and IX respectively.

11. The CDMM also designated its representatives at the next meeting of the Council of Europe - ECTO Liaison Bureau (2 October 1998); reviewed recent legal and technical developments in the media field; fixed the timetable of its meetings as well as those of its subordinate bodies for the second half of 1998; finalised the items to be included on the agenda of its 49th meeting; discussed possible initiatives which could be taken to celebrate its 50th meeting; took note of information concerning a seminar on "good" and "bad" practices regarding the image of women in the media, which will be organised jointly with the Steering Committee for equality between Women and Men (CDEG) on 28-29 September 1998.

APPENDIX I

List of participants

Albania/Albanie Mr Sokol GJOKA, Director of the Press and Information Directorate, Ministry of Foreign Affairs, TIRANA;

Austria/Autriche Mr Andreas ULRICH, Bundeskanzleramt, WIEN

Belgium/Belgique M. Michel HERCKENS, Conseiller Adjoint, Direction des Droits de l'Homme, Ministère des Affaires Etrangères, BRUXELLES; M. Dominique VOSTERS, Attaché au Service général de l'audiovisuel et des multimédias du Ministère de la Communauté française, Ministère de la Culture et des Affaires Sociales de la Communauté française de la Belgique, BRUXELLES

Bulgaria/Bulgarie Mr Nicolas DIKOV, Chef du Département des Relations Internationales, Committee of Posts and Telecommunications, SOFIA; Mrs Bissera ZANKOVA, Legal Expert, Committee of Posts and Telecommunications, SOFIA

Croatia/Croatie Mme Daša BRADICIC, Head of Department for Culture, Education and Science, Ministry of Foreign Affairs, ZAGREB

Cyprus/Chypre Mr Ioannis SOLOMOU, Head of the Media and Public Relations Department, Press and Information Office, Ministry of Interior, NICOSIA

Czech Republic/République Tchèque Ms Jaromíra MIZEROVÁ, Vice Director of Foreign Relations Department, Ministry of Culture of the Czech Republic, PRAGUE, Mr Zden_k PRlHODA, Foreign Relations Department, Ministry of Culture of the Czech Republic, PRAGUE

Denmark/Danemark Ms Annette KORNERUP, Head of Section, Ministy of Culture, COPENHAGEN K

Estonia/Estonie Mr Peeter SOOKRUUS, Adviser to the Minister of Culture, Ministry of Culture, TALLIN

Finland/Finlande Ms Kristina HAUTALA-KAJOS, Media Policy Adviser, Ministry of Education, Department of Culture, HELSINKI; Ms Maaret SUOMI, Legal Adviser, Ministry of Transport and Communications, HELSINKI

France M. Laurent BURIN DES ROZIERS, Direction Générale des Relations culturelles, scientifiques et techniques, DAAE, Ministère des Affaires Etrangères, PARIS; Mme Marie-Christine WEINER-WELLHOFF, Présidente du MM-S-NT/Chairperson of the MM-S-NT, Ministère de la Culture, Direction de l'Administration Générale, PARIS; Mme Chantal FOURNIER, Service juridique et technique de l'information du Premier Ministre, PARIS

Germany/Allemagne Mr Bernd MÖWES, Head of Section "National and International Media", Bundeskanzleramt, BONN; Mr Frithjof BERGER, Chairperson of the MM-S-HR/Président du MM-S-HR, Federal Ministry of the Interior, BONN, Mr Bernd FLÖGEL, Staatskanzlei des Landes Brandenburg, POTSDAM

Greece/Grèce Mme Maria VLACHOU, Ministère de la Presse et des Media, Direction Epopteias, Section Radiotileoptikon Thematon, ATHENES;

Hungary/Hongrie Mr Peter SZENTE, Ministry of Culture and Education, BUDAPEST

Iceland/Islande Mr Jónmundur GUDMARSSON, Head of Division, Ministry of Education, Science and Culture, REYKJAVIK

Italy/Italie Mme Elisabetta BATTISTA, Service des Relations Internationales, Présidence du Conseil des Ministres, Département de l'Information, ROME

Latvia/Lettonie Mr Andrejs PILDEGOVICS, Press Secretary, Ministry of Foreign Affairs, RIGA

Lithuania/Lituanie Dr Laimonas TAPINAS, Director, Lithuanian Journalism Centre, VILNIUS

Luxembourg M. Marco SGRECCIA, Ministère d'Etat, Service des Médias et de l'Audiovisuel, LUXEMBOURG

Malta/Malte Dr Peter GRECH, Assistant Attorney General, VALLETTA

Moldova/Moldavie M. Sergiu TEODOR, Chef de la Direction des médias et de la culture, Ministère des Affaires Etrangères, CHISINAU

Netherlands/Pays-Bas Mr H. C. VAN DER PLAS, Policy Adviser, Media and Press, Ministry of Education, Culture and Science, ZOETERMEER

Norway/Norvège Ms Nina ØKLAND, Head of Division, Ministry of Cultural Affairs, OSLO; Mr Helge SØNNELAND, Chairman of the MM-S-PR/Président du MM-S-PR, Director General, Media Department, Ministry of Cultural Affairs, OSLO

Poland/Pologne Mr Boleslaw SULIK, National Council of Television and Broadcasting, WARSAW; Ms Izabella CHRUSLINSKA, National Council of Television and Broadcasting, WARSAW

Portugal Mme M. T. RIBEIRO, Chairperson/Présidente, Institut de la Communication Sociale, Presidencia do Conselho de Ministros, Palacio Foz, Restauradores, LISBONNE; Mr Luis FERRO, Adjunto do Secretario de Estado da Comunicacao social, LISBOA

Romania/Roumanie M. Horea MURGU, Professeur à l'Académie de Théâtre et du Film de Bucarest, BUCAREST

Russian Federation/Fédération de Russie Mr Yuri CHESTAK, Chef de la Section des problèmes internationaux d'information, Ministère des Affaires Etrangères, MOSCOU

Slovakia/Slovaquie Mrs Sylvia KLAUSOVA VOLZ, STS, BRATISLAVA; Mr Lubomir SISAK, Ministry of Culture, BRATISLAVA; Mr Ivan SECIK, Ministry of Culture, BRATISLAVA

Slovenia/Slovénie Mr Joze OSTERMAN, Adviser, Public Relations and Media Office of the Government of the Republic of Slovenia, LJUBLJANA

Spain/Espagne Mr Jose Juan BARTOLOME PINA, Sous-Direction Générale de ordination et coordination des communications, Secrétariat Général des Communications, Palacio de Comunicaciones, MADRID

Sweden/Suède Ms Lena HJELMTORP, Ministry of Culture, Media Division, STOCKHOLM

Switzerland/Suisse M. Frédéric RIEHL, Vice-Directeur, Office Fédéral de la Communication, BIENNE; Mme Silvia NEUENSCHWANDER, Office Fédéral de la Communication, Département fédéral des transports, des communications et de l'énergie, BIENNE; Mr Markus DUTLY, Section du Conseil de l'Europe, Division politique I, Département fédéral des affaires étrangères, BERNE ; M. Jacques FAVRE, Chairperson of the MM-CM/Président du MM-CM, Adjoint scientifique, Commission de la concurrence, BERNE

"The Former Yugoslav Republic of Macedonia"/"L'ex-République Yougoslave de Macédoine"

Ms Snezana ZLATEVSKA, Press Officer, Secretariat of Information, SKOPJE

Turkey/Turquie Mrs _ebnem BILGET, Head of International Relations Department, Radio and Television Supreme Council, KAVAKLIDERE ANKARA

United Kingdom/Royaume-Uni Ms Carolyn MORRISON, Chairperson of the MM-S-EP/Présidente du MM-S-EP, Department for Culture, Media and Sport, LONDON

OTHER PARTICIPANTS/AUTRES PARTICIPANTS

Parliamentary Assembly/Assemblée Parlementaire Madame Renate WOHLWEND, Commission des questions juridiques et des droits de l'homme; M. Paul STAES, Membre de la Sous-Commission des Médias

Congress of Local and Regional Authorities of Europe (CLRAE)/Congrès des Pouvoirs Locaux et Régionaux de l'Europe CPLRE) Mr Anthony DEGIOVANNI, Councillor, Dar il-Kunsill, Triq il-Karmnu, Fgura Pla 13, MALTA; Mme Marie-Aude L'HYVER-YESOU, Responsable de la Commission permanente, Division du Congrès des pouvoirs locaux et régionaux de l'Europe

European Commission/Commission européenne Mme Marie-Odile DEN HARTOG, Direction Générale Relations Extérieures : Europe et NEI, PESC, Service Extérieur, BRUXELLES; M. Pedro OSONA, Direction Générale Information, Communication, Culture, Audiovisuel, BRUXELLES; M. Salvatore D'ACUNTO, Direction Générale Marché Intérieur et Services Financiers, BRUXELLES; M. Luc DE HERT, BRUXELLES

Armenia/Arménie Mr Areg HOVHANNISSIAN, Head of Media Relations Division, Department of Public Affairs, Ministry of Foreign Affairs, Yerevan

Azerbaïdjan Mr Afgan MAMEDOV, Head of Division, Information Department, Ministry of Foreign Affairs, BAKU

Belarus Madame Maria VANSHINA, Third Secretary of the Information Department, Ministry of Foreign Affairs

Canada Madame Anne-Marie TURCOTTE MOSNIER, Conseiller principal, Relations multilatérales, Affaires internationales, Patrimoine canadien, Edifice Jules-Léger, HULL, QUEBEC

Holy See/Saint-Siège M. Hans-Peter RÖTHLIN, Sous-Secrétaire du Conseil Pontifical des Communications Sociales, CITE DU VATICAN

Association of Commercial Television in Europe (ACT)/Association des Télévisions Commerciales Européennes (ACT) Ms Alison JAMES, Head of Public Affairs, BRUXELLES

European Audiovisual Observatory/Observatoire européen de l'audiovisuel Mr Nils Klevjer AAS, Executive Director, European Audiovisual Observatory, STRASBOURG

European Broadcasting Union/Union Européenne de Radio-Télévision M. Jacques BRIQUEMONT, Délégué aux organisations européennes, Union Européenne de Radio-Télévision, BRUXELLES; M. Michael WAGNER, Conseiller juridique, Union européenne de Radio-Télévision, GRAND SACONNEX GENEVE

Item 3 of the agenda/Point 3 de l'ordre du jour Mr Bernard WICHT, Vice-Chairperson of the Culture Committee / Vice-Président du Comité de la Culture

SECRETARIAT Mr Hanno HARTIG, Head of Division II, Directorate of Human Rights/Chef de la Division II, Direction des Droits de l'Homme; Mr Christophe POIREL, Head of Media Section, Directorate of Human Rights/ Chef de la Section Media, Direction des Droits de l'Homme (Secretary to the Committee/Secrétaire du Comité); Mr Ramon PRIETO SUAREZ, Administrator, Media Section, Directorate of Human Rights/Administrateur, Section Media, Direction des Droits de l'Homme; Mr Rüdiger DOSSOW, Administrator, Media Section, Directorate of Human Rights/Administrateur, Section Media, Direction des Droits de l'Homme; Mr Ad VAN LOON, Administrator, Media Section, Directorate of Human Rights/Administrateur, Section Media, Direction des Droits de l'Homme; Mr Mario OETHEIMER, Programme Counsellor, Media Section, Directorate of Human Rights/Conseiller de Programme, Section Media, Direction des Droits de l'Homme; Ms Lindsay YOUNGS, Principal Administrative Assistant, Media Section, Directorate of Human Rights/Assistante Administrative Principale, Section Media, Direction des Droits de l'Homme

Item 10 of the agenda/Point 10 de l'ordre du jour Mr Jean-Louis LAURENS, Deputy Director of Political Affairs/Directeur Adjoint des Affaires Politiques; Mr Andrew DRZEMCZEWSKI, Head of Monitoring Unit of the Secretary General/Responsable de l'Unité de "monitoring" du Secrétaire Général

INTERPRETERS/INTERPRETES M. Serge BESSMERTNY, Mme Sylvie BOUX, Mme Angela BREWER, Mme Nadine KIEFFER

1. Opening of the meeting

2. Adoption of the agenda

3. (i) Exchange of views on the results of the 5th European Ministerial Conference on Mass Media Policy (Thessaloniki, 11-12 December 1997)

(ii) Definition of orientations for the implementation of the decisions of the 2nd Summit and the Thessaloniki Ministerial Conference on new communications technologies

(iii) Definition of orientations for the organisation of the next European Ministerial Conference on Mass Media Policy

4. Group of Specialists on the impact of new technologies on human rights and democratic values (MM-S-NT)

5. Committee of Experts on media concentrations and pluralism (MM-CM)

6. Group of Specialists on media law and human rights (MM-S-HR)

7. Group of Specialists on media in a pan-European perspective (MM-S-EP)

8. Group of Specialists on the protection of rights holders in the media sector (MM-S-PR)

(i) 6th meeting of the MM-S-PR (27-28 April 1998)

(ii) Requests for observer status on the MM-S-PR submitted by AEPOC and ARTIS

9. Joint CDMM-CDCC Working Party on the protection of the audiovisual heritage

10. Examination of the possible follow-up to be given to the monitoring exercise on freedom of expression and information within the framework of the activities of the CDMM

11. Implementation of the Work Programme for 1998 in the media field and preparation of the Work Programme for 1999

12. Renewal of the terms of reference of certain subordinate bodies of the CDMM (MM-CM, MM-S-NT, MM-S-HR)

13. Progress of work on recent technical and legal developments in the media field of interest to the CDMM

14. Dates of forthcoming meetings

15. Items to be included on the agenda of the 49th meeting of the CDMM (1-4 December 1998)

16. Other business

(i) Council of Europe - European Cinema and Television Office (ECTO) Liaison Bureau

(ii) Standing Committee on Transfrontier Television

(iii) Preparation of an Opinion on Recommendation 1332 (1997) of the Parliamentary Assembly on the scientific and technical aspects of the new information and communications technologies

(iv) Preparation of an Opinion on Recommendation 1325 (1997) of the Parliamentary Assembly on traffic in women and forced prostitution in Council of Europe member States

(v) Joint CDMM-CDEG seminar on "good" and "bad" practices regarding the image of women in the media

(vi) Possible initiatives to celebrate the 50th meeting of the CDMM

Specific terms of reference

1. Name of Committee: Group of Specialists on media pluralism (MM-S-PL)

2. Type of Committee: Committee of experts

3. Source of terms of reference: Steering Committee on the Mass Media (CDMM)

4. Terms of reference:

Bearing in mind the continuing importance of media pluralism, understood as a diversity of media types and content available to the public, in both the traditional media and in the sector of new communications services, and taking account that the new technologies now available to all forms of media pose several questions which may require different and more flexible regulatory responses, given the high start-up costs of developing some of the new services such as digital broadcasting platforms, the MM-S-PL will, under the authority of the CDMM, examine the overall impact of the new communications and information technologies and services on media pluralism; In so doing, the MM-S-PL will:

(i) analyse, in particular, to what extent the strategies and alliances developed between the traditional media and other undertakings in the communications, information and telecommunications sectors have an impact on media pluralism as a result of:

(a) the technological convergence of broadcasting, telecommunications and informatics,

(b) the globalisation of the markets, the networks and the activities of entreprises,

(c) the economic and social impact of the Information Society, in particular on the consumption of the products of the traditional media by the public;

(ii) examine the question of the acquisition and exercise of exclusivity rights by the media in the digital environment;

(iii) study the preconditions for analogue switch-off from the point of view of media pluralism;

(iv) analyse the different regulatory regimes which might be appropriate to ensure an adequate level of media pluralism.

On the basis of its analysis, the MM-S-PL will submit to the CDMM any proposals for policy, legal or other measures which it considers necessary or desirable, whether at the national level or at the level of the Council of Europe, to secure media pluralism in the Information Society.

The MM-S-PL will keep itself informed of and take account of work conducted in other fora in the above-mentioned areas.

5. Membership:

The Group of Specialists shall be composed as follows:

Belgium, Croatia, Czech Republic, Finland, Greece, Italy, Moldova, Poland, Slovakia, Sweden, "the Former Yugoslav Republic of Macedonia".

The Group of Specialists can be assisted by scientific experts.

The Council of Europe will bear the travel and subsistence expenses of one specialist from each of the above countries, as well as of the possible scientific experts, for attendance at meetings of the Group. Other member States expressing an interest in the work of the Group may designate, at their own expense, specialists to participate in meetings of the Group.

The European Commission may send representatives, without the right to vote or defrayal of expenses, to meetings of the Group.

The following may send observers, without the right to vote or defrayal of expenses, to meetings of the Group:

- Organisation for Economic Co-operation and Development (OECD)

- UNESCO

- Association of Commercial Television in Europe (ACT)

- European Broadcasting Union (EBU)

- International Federation of Journalists (IFJ)

- World Association of Newspapers (WAN)

- International Press Institute (IPI)

6. Qualification expected from the experts:

Specialists in issues concerning concentrations, pluralism and competition in the traditional media sectors (written press, radio and television) as well as in the area of new communications services (digital broadcasting services, on-line services). A good knowledge in the areas of media law and competition law is desirable.

7. Working structures and methods:

In carrying out its terms of reference, the Group will continue to rely by all appropriate means on the network of national correspondents in the member States in order to obtain information on media pluralism and the relevant national legislation. In addition, the Group will ascertain by all appropriate means the views of professional and other interested organisations. In particular, the Group may organise written consultations and hearings. If necessary, the Group may have recourse to consultants.

8. Duration:

These terms of reference shall be reviewed before 31 December 2000.

Specific terms of reference

1. Name of Committee: Group of Specialists on the impact of new communications technologies on human rights and democratic values (MM-S-NT)

2. Type of Committee: Committee of Experts

3. Source of terms of Steering Committee on the Mass Media (CDMM)

reference:

4. Terms of reference:

With a view to implementing the decisions of the 2nd Summit of Heads of State and Government of the Council of Europe (Strasbourg, October 1997) on new information technologies, as well as the Action Plan adopted by the 5th European Ministerial Conference on Mass Media Policy (Thessaloniki, December 1997), the MM-S-NT will, under the authority of the CDMM, deal with the impact of new communications technologies on human rights and democratic values. In so doing, the MM-S-NT will:

(i) examine ways of implementing the principle of "universal community service" endorsed by the Ministerial Conference;

(ii) deal with issues concerning the dissemination of harmful content via the new communications and information services (pornography, violence, etc.) and will make any proposals concerning possible regulatory or self-regulatory measures to restrict access to such content, at the national and/or European level, taking into account the respective responsibilities of the different actors involved in the chain of communication;

(iii) continue its collection of information on and analysis of activities undertaken in other fora, within and outside the Council of Europe, in the area of new information and communications technologies and services, and take account of this in its work.

As appropriate, and in accordance with the guidance given by the CDMM, the MM-S-NT will assist the other subordinate bodies of the CDMM involved in issues relating to new communications technologies.

5. Membership:

The Group of Specialists shall be composed as follows:

Albania, Austria, Belgium, France, Greece, Malta, Moldova, Norway, Portugal, Russian Federation, Turkey.

The Council of Europe will bear the travel and subsistence expenses of one specialist from each of the above countries for attendance at meetings of the Group. Other member States expressing an interest in the work of the Group may designate, at their own expense, specialists to participate in meetings of the Group.

The European Commission may send representatives, without the right to vote or defrayal of expenses, to meetings of the Group.

The following may send observers, without the right to vote or defrayal of expenses, to meetings of the Group:

- Armenia

- Canada

- Holy See

- Organisation for Economic Co-operation and Development (OECD)

- UNESCO

- Association of Commercial Television in Europe (ACT)

- European Broadcasting Union (EBU)

6. Qualification expected from the experts:

Specialists in issues concerning the development of new communications services (digital broadcasting services, on-line services). A good knowledge of questions concerning access to these services as well as their regulation/self-regulation is desirable.

7. Working structures and methods:

In carrying out its terms of reference, the Group will consult all parties concerned by its work and by all appropriate means. In particular, the Group may organise written consultations and hearings. If necessary, the Group may have recourse to consultants.

8. Duration:

These terms of reference shall be reviewed before 31 December 2000.

1. Name of Committee: Group of Specialists on media law and human rights (MM-S-HR)

2. Type of Committee: Committee of Experts

3. Source of terms of reference: Steering Committee on the Mass Media (CDMM)

4. Terms of reference:

Under the authority of the CDMM, the MM-S-HR will examine:

(i) in line with the Declaration adopted at the 2nd Summit of Heads of State and Government of the Council of Europe (Strasbourg, October 1997), the question of the balance to be made between the right to information and respect for private life, with a view to formulating any proposals which it might consider appropriate for this purpose, taking also account of the new digital environment. In so doing, the MM-S-HR will, in particular, focus on media reporting in the context of legal proceedings;

(ii) whether possible restrictions to the expression of opinions or disclosure of information about politicians or civil servants may be justified, and within which limitations, in view of Article 10 of the European Convention on Human Rights, as interpreted by the supervisory organs of the Convention. In so doing, the MM-S-HR will examine a possible follow-up to the Committee of Minister's monitoring exercise on freedom of expression in this area;

(iii) whether, and within which possible limitations, secret or confidential information may be disclosed in the public interest.

In addition, depending on the orientations given by the CDMM, the MM-S-HR will provide all necessary advice and assistance to other subordinate committees of the CDMM dealing with issues relating to media law and human rights, and carry out any ad hoc assignments given to it by the CDMM.

The MM-S-HR will keep itself informed of and take account of work conducted in other fora in the above-mentioned areas.

5. Membership:

The Group of Specialists shall be composed as follows:

Albania, Bulgaria, Germany, Lithuania, Malta, Portugal, Romania, Russian Federation, Sweden, Switzerland, Turkey, "the Former Yugoslav Republic of Macedonia".

The Council of Europe will bear the travel and subsistence expenses of one specialist from each of the above countries for attendance at meetings of the Group. Other member States expressing an interest in the work of the Group may designate, at their own expense, specialists to participate in meetings of the Group.

The European Commission may send representatives, without the right to vote or defrayal of expenses, to meetings of the Group.

The following may send observers, without the right to vote or defrayal of expenses, to meetings of the Group:

- Holy See

- Association of Commercial Television in Europe (ACT)

- European Broadcasting Union (EBU)

- International Federation of Journalists (IFJ)

- Article 19

6. Qualification expected from the experts:

Specialists (civil servants, magistrates, journalists) in issues concerning the relationship between the media and police/judicial authorities, as well as issues concerning the right to privacy. A good knowledge of domestic law (media law, penal law, penal law procedure) and practice in these areas is desirable.

7. Working structures and methods:

In carrying out its terms of reference, the Group will consult all parties concerned by its work and by all appropriate means. In particular, the Group may organise written consultations and hearings. If necessary, the Group may have recourse to consultants.

8. Duration:

These terms of reference shall be reviewed before 31 December 2000.

1. Name of Committee: Group of Specialists on the assessment of digital developments in the media field (MM-S-AD)

2. Type of Committee: Committee of Experts

3. Source of terms of

reference: Steering Committee on the Mass Media (CDMM)

4. Terms of reference:

With a view to implementing the decisions of the 2nd Summit of Heads of State and Governement of the Council of Europe (Strasbourg, October 1997) on new information technologies, as well as the texts adopted at the 5th European Ministerial Conference on Mass Media Policy (Thessaloniki, December 1997), the MM-S-AD will, under the authority of the CDMM, assess the legal and regulatory consequences of the development of digital means of delivery of new and traditional communications services, as a result of the technological convergence between telecommunications, broadcasting and informatics and of the globalisation of the networks.

The MM-S-AD will assess the need for changing or supplementing existing regulatory frameworks and, where appropriate, develop proposals for adequate legal or political instruments in order to guarantee respect for freedom of expression and information while safeguarding fundamental human rights. In so doing, the MM-S-AD will examine, in particular, issues concerning:

(i) the appropriate regulatory framework and procedures for the establishment of broadcasting services and new communications and information services, including the possible need for regulatory authorities and their competencies and control mechanisms;

(ii) the possible need to regulate the establishment of digital gateways, in particular via specific conditional access systems and electronic programme guides for digital television or search and navigation tools for on-line services;

(iii) the applicability of national laws in a transfrontier context and issues concerning national jurisdiction.

The MM-S-AD will keep itself informed of and take account of work conducted in other fora in the above-mentioned areas.

5. Membership:

The Group of Specialists shall be composed as follows:

Austria, Bulgaria, France, Germany, Hungary, Netherlands, Norway, Romania, Slovakia, Spain, United Kingdom.

The Council of Europe will bear the travel and subsistence expenses of one specialist from each of the above countries for attendance at the meetings of the Group. Other member States expressing interest in the work of the Group may designate, at their own expense, specialists to participate in meetings of the Group.

The European Commission may send representatives, without the right to vote or defrayal of expenses, to meetings of the Group.

The following may send representatives, without the right to vote or defrayal of expenses, to the meetings of the Group:

- Canada

- Holy See

- International Telecommunications Union

- Organisation for Economic Co-operation and Development (OECD)

- Association of Commercial Television in Europe (ACT)

- European Cable Communications Association (ECCA)

- European Broadcasting Union (EBU)

- European Conference of Postal and Telecommunications Administrations (CEPT)

6. Qualification expected from the experts:

Specialists in issues concerning the regulation of the traditional media as well as new communications services (digital broadcasting services, on-line services). A good knowledge of the law applicable in these sectors, as well as issues concerning the convergence between the telecommunications, broadcasting and informatics sectors is desirable.

7. Working structures and methods:

In carrying out its terms of reference, the Group will consult by all appropriate means the parties concerned by its work. In particular, the Group may organise written consultations and hearings. If necessary, the Group may have recourse to consultants.

8. Duration:

These terms of reference shall be reviewed before 31 December 2000.

1. Name of Committee: Group of Specialists on the legal protection of services based on, or consisting of, conditional access (MM-S-CA)

2. Type of Committee: Committee of experts

3. Source of terms of reference: Steering Committee on the Mass Media (CDMM)

4. Terms of reference:

With a view to granting an equal level of protection throughout Europe not only to radio and television broadcasters but also to providers of new broadcasting-related communications services (digital broadcasting services, certain on-line services) which are normally provided in return for remuneration, against commercial activities related to the manufacturing and distribution of pirate devices allowing the free of charge reception of such services, the MM-S-CA will, under the authority of the CDMM, draw up a draft binding legal instrument in the form of a European Convention on the legal protection of services based on, or consisting of, conditional access. In the areas which it should cover, this Convention should grant a similar protection to that provided for in the Directive under discussion within the framework of the European Union on the Legal Protection of Services based on, or consisting of, Conditional Access.

5. Membership:

The Group of Specialists shall be composed as follows:

France, Germany, Netherlands, Norway, Romania, Slovenia, Switzerland, Turkey, United Kingdom.

The Council of Europe will bear the travel and subsistence expenses of one specialist from each of the above countries for attendance at meetings of the Group. Other member States expressing an interest in the work of the Group may designate, at their own expense, specialists to participate in meetings of the Group.

The European Commission may send representatives, without the right to vote or defrayal of expenses, to meetings of the Group.

6. Qualification expected from the experts:

Specialists in issues concerning the legal protection of encrypted radio and television services as well as new broadcasting-related communications services (digital broadcasting services, certain on-line services). A good knowledge in the areas of industrial property law and competition law is desirable.

7. Working structures and methods:

In carrying out its terms of reference, the Group will consult all parties concerned by its work and by all appropriate means. In particular, the Group may organise written consultations and hearings. If necessary, the Group may have recourse to consultants.

8. Duration:

These terms of reference shall be valid for the duration of the drafting process of the draft European Convention, which should in principle come to an end before 31 December 2000.

1. The Steering Committee on the Mass Media (CDMM) welcomes Recommendation 1332 (1997) of the Parliamentary Assembly and considers it timely and appropriate to underline and analyse the various aspects of the new information and communications technologies. The rapid move towards an "Information Society" and the introduction of new media or means of communicating will pose new challenges to all member States and Europe as a whole.

2. This is why the CDMM had decided to make the "Information Society" the theme of the 5th European Ministerial Conference on Mass Media Policy, which was hosted by the Government of Greece in Thessaloniki on 11 and 12 December 1997.

3. The CDMM believes that the development of new information and communications technologies will enormously enhance social communication, public information and freedom of expression and information, while at the same time increase the risk of disparities in access to these technologies, enlarge the possible impact of abuses of freedom of expression and information and question traditional national and European media regulations based on a strict division of the various forms of media and their geographically limited scope.

4. Therefore, the CDMM would like to stress the recommendations made by the Parliamentary Assembly in paragraphs 3 and 5 of Recommendation 1332 (1997). Given its field of expertise, the CDMM wishes to underline in this respect the necessity to formulate common approaches to the notion of universal access to the new information services, to examine the validity and applicability of traditional national media regulations and possibly complement them by systems of self-regulation and self-control coordinated at European level, and to develop appropriate European responses to the challenges in the field of media pluralism, copyright and content standards.

5. Scientific and technical developments will play an essential role in these challenges, since they will provide users and providers with the possibility to cope with the immense amount of information disseminated via the new information and communications services and thus make qualified choices as to the use of these services. This includes the use of encryption tools to protect privacy, filter tools for user self-control, access control tools for creating an information market and protecting minors, as well as search tools for enabling a qualified choice by information consumers.

6. The CDMM supports the view taken in paragraph 1. The preparatory work for the 5th European Ministerial Conference on Mass Media Policy has led to the conclusion that any approach to new information and communications technologies should be farsighted and take due account of their future development perspectives and their impact on the traditional means of information and communication.

7. The technology for digital processing and data transmission has already existed for some years, and the constant increase in the amount and quality of data transmission facilities, as well as their wider application in many areas of science and technology, is a given factor. Several Council of Europe instruments have taken account of this for some time, such as the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981, Recommendation No. R (89) 9 on computer-related crime, and Recommendation No. R (95) 13 on the problems of criminal procedural law connected with information technology.

8. Based on the results of the above-mentioned Ministerial Conference, the CDMM believes that the new dimension in the application of new information and communications technologies lies in the sphere of human communication, i.e. communication of individuals in private and public and the exchange of information, ideas and opinions rather than the processing of mere data.

9. The development of individual access to new information and communications technologies, as well as the development of information and communications services offered has now reached a level and momentum where the boundaries between the traditional means of communication (written press and publications, radio, television, video, and telephony) may be blurred and the traditional constraints on the dissemination of and access to information (cost and time of sending of paper, scarcity of radio and television frequencies, limited amount of data electronically transmittable) are minimised to a large extent.

10. The CDMM appreciates the political initiative and support made by the Parliamentary Assembly with regard to the 2nd Summit of the Heads of State and Government of the Council of Europe and regards the Council of Europe as the appropriate forum to examine common European standards on freedom of expression and information in the "Information Age".

11. The Ministers participating in the Ministerial Conference referred at the beginning of their Declaration to the Declaration and Action Plan adopted by the Heads of State and Government at their 2nd Summit. The Action Plan on the Information Society adopted at the Ministerial Conference attempts to put into practice the Declaration and Action Plan of the 2nd Summit concerning new information technologies.

12. Therefore, the CDMM and its subordinate committees will continue their analysis of the impact of these new technologies in the areas of self-regulation and self-control (MM-S-NT), access to new information and communications technologies and services (MM-S-NT), freedom of expression and information in the media (MM-S-NT), media pluralism (MM-CM) and the protection of copyright and rights of rights holders (MM-S-PR).

13. The CDMM strongly supports the commitment entered into by the Heads of State and Government at the 2nd Summit to seek common responses to the development of the new information technologies based on the standards and values of the Council of Europe, and to develop a European policy for the application of the new information technologies with a view to ensuring respect for human rights and cultural diversity, fostering freedom of expression and information, and maximising the educational and cultural potential of these technologies.

14. The CDMM supports a differentiation between legal or regulatory responses, voluntary or market oriented responses and scientific or technological responses to the challenges posed by new technologies. These different aspects are being taken into consideration by the CDMM in its work.

15. The CDMM welcomes the recommendation by the Parliamentary Assembly to analyse the impact, challenges and opportunities caused by new information and communications technologies in all fields of the work programme of the Council of Europe, and believes that each of the Council of Europe's services should be encouraged to examine, from their own angle of expertise, the possible impact of new information and communications technologies in their respective sector. The CDMM stresses in this respect, that such activities should not lead to any duplication, but should be coordinated horizontally and limited to the competence and expertise of each sector.

16. The CDMM appreciates the support of the Parliamentary Assembly with regard to the 5th European Ministerial Conference on Mass Media Policy, and expresses its intention of continuing to co-operate with the Parliamentary Assembly with regard to new information and communications technologies, human rights and democratic values, as well as efforts to harmonise the relevant legislation in Europe and at the international level.

17. The CDMM notes the importance of responding to the scientific and technological challenges at the European level. However, the questions related to teleworking, telemedicine, environmental data processing, transport systems, tele-education and scientific research lie beyond the sphere of competence of the CDMM and could be dealt with by other competent sectors and committees within the Council of Europe.

18. The CDMM considers the issue of public services in the field of information and communication as vital for building a coherent Information Society. The CDMM puts great emphasis on its current work on public service functions which should be universally accessible through new information and communications services. The underlying principles are formulated in paragraphs 11 and 12 of Resolution No. 1 and chapter B of the Action Plan adopted by the 5th European Ministerial Conference on Mass Media Policy.

19. Educating and training the public in the knowledge, understanding and use of the new communications and information technologies is a prerequisite for the building of the Information Society. This was also underlined in paragraph 11 (iii) of Resolution No. 1 and in the second paragraph of chapter B of the Action Plan adopted at the Ministerial Conference.

20. Paragraph 19, sub-paragraphs (vi), (vii) and (viii) of Resolution No. 1 adopted at the Ministerial Conference refers to the protection of privacy and the private sphere under Article 8 of the European Convention on Human Rights and supports the use of cryptography in order to increase the level of confidentiality in correspondence and the transmission of personal data.

21. The CDMM believes that regulatory uncertainties as to national jurisdiction and the applicability of national laws to an inherently international medium of communication and information would for the moment be best addressed by the development of common European self-regulatory initiatives of providers and operators as well as by self-control tools for users. This is reflected in paragraph 19 (ix) of Resolution No. 1 and paragraph 7 (vi) of Resolution No. 2 of the Ministerial Conference.

22. Freedom of expression and information, as guaranteed by Article 10 of the European Convention on Human Rights, is vital for the development of any democratic society and every human being. Therefore, the CDMM supports the recommendation of the Parliamentary Assembly to monitor the implementation of scientific and technological policies for the benefit of democratic values in Europe.

23. Paragraph 19 (iv) of Resolution No. 1 of the Ministerial Conference draws the attention of member States to the necessity that the use of new communications and information services for electoral purposes does not prejudice democratic principles. Bearing in mind the need to safeguard and foster democratic values, the Ministers participating in the Ministerial Conference held in Thessaloniki requested the Committee of Ministers to dedicate work to the monitoring of the development of new technologies and their regulation in view of human rights standards (chapter A of the Action Plan), to examine forms of misuse of new technologies and possible remedies (chapter E of the Action Plan), to continue the work in the field of media concentration and pluralism (chapter G of the Action Plan), and to consider action in favour of the participation of individuals in public life (chapter H of the Action Plan).

24. In conclusion, the CDMM welcomes and appreciates the Parliamentary Assembly's initiative as expressed in Recommendation 1332 (1997) and regards it in line with the political texts adopted in Thessaloniki. The CDMM would like to reiterate the requests expressed in the Action Plan adopted in Thessaloniki and considers these actions as part of the implementation of the Action Plan decided upon at the 2nd Summit of the Heads of State and Government of the Council of Europe with respect to new information technologies.

25. The CDMM will keep the Parliamentary Assembly informed of the results of its work.

1. The Steering Committee on the Mass Media (CDMM) shares the concerns of the Parliamentary Assembly on the phenomenon of traffic in women and forced prostitution. It strongly condemns these practices, which run contrary to the fundamental principle of human rights and human dignity. It fully supports the move by the Parliamentary Assembly to undertake urgent joint action against these phenomena at the Council of Europe level.

2. The CDMM notes that these phenomena raise, inter alia, the question of the portrayal of women in the media, given that the stereotype and degrading image of women sometimes represented in some media may influence the behaviour/attitude of those involved, as providers or "consumers", in the trafficking of women and prostitution. The CDMM recalls that it has always been attentive to the question of presenting a fair image of women in the media, respecting the cardinal principle of editorial independence of the latter. In particular, as early as 1993, the CDMM submitted a written contribution to the 3rd European Ministerial Conference on equality between women and men (Rome, 1993). In this contribution, entitled "the causes of violence against women: the role of the media", the CDMM underlined its interest in carrying out activities aimed at heightening the media's awareness of their own specific responsibilities and to encourage the media to practise self-regulation in order to "promote the communication of a more positive image of women in society and to avoid depicting them in circumstances suggestive of vulnerability and violence".

3. Following this contribution, the CDMM organised in 1994, in co-operation with the Steering Committee for Equality between Women and Men (CDEG), a seminar on "Human rights and gender: the responsibility of the media", which led to the formulation of several proposals for concrete action. One of these proposals was that the Council of Europe organise an activity specifically aimed at media professionals to examine in a pratical manner the image and portrayal of the sexes in the media. As a result, the CDMM and the CDEG will organise in Strasbourg on 28-29 September 1998 a workshop on "good" and "bad" practices regarding the image of women in the media" which will be attended by professionals from the written press, the audiovisual and the new communications services.

4. Besides the question of the image of women in the media, trafficking in women and forced prostitution also raise the problem of the use of means of public communication in promoting these activities. If the use of the traditional media in the written press and broadcasting sectors do not seem to be in question in this respect, on the other hand the use by networks of prostitution and trafficking in women of the new communication services accessible on line, notably on the Internet, calls for particular attention.

5. Faced with this problem, but also with the use of the new communications services in undermining the fundamental rights and dignity of other individuals, such as children, the States participating in the 5th European Ministerial Conference on Mass Media Policy, held in Thessaloniki (Greece) on 11-12 December 1997, agreed, within the framework of Resolution No. 1 adopted at the Conference, to take any measures which are considered necessary to "combat the use of the new communications and information services for spreading any ideology, or carrying out any activity, which is contrary to human rights, human dignity and the fundamental rights of others" and "to co-operate in the fight against such use". Any initiatives which might be taken as a follow-up to Recommendation 1325 (1997) of the Parliamentary Assembly could be based on this Resolution.

6. At the general level, the CDMM notes that the range of measures which might be taken in application of this paragraph go beyond the strict scope of its competence, in that the measures to increase public awareness might be (and might gain from being) led via larger channels than the media, for example via educational and social institutions, in particular those which are addressed at women, and especially young women. In the same respect, the question of information provided "by the staff of consulates and embassies dealing with requests for visas and work permits" goes beyond the area of competence of the CDMM and, therefore, will not be commented on.

7. Concerning the particular field of the media, the CDMM notes that the latter might play an effective role in the relay of information and in raising public awareness, not only to "traffickers' potential victims", but also to the public in general. To be efficient, the fight against trafficking in women and forced prostitution means that all individuals should be made aware of the seriousness of these phenomena and also of the different forms that they may take and the actions or sanctions which might be taken against those who are at the origin of or who "benefit" from these activities.

8. The CDMM recalls that the contribution of the media to such an information and awareness raising policy can only take place if they are voluntarily willing to do so, and that they have themselves to be aware of the importance of such a contribution. Such action might notably be taken by the joint organisation of activities - by public authorities and professional media organisations, at the national or European level - aimed at media professionals, and which might also be open to other bodies, such as womens' defence organisations.

9. This being so, it should be kept in mind that the editorial treatment in the media of society and public questions, which include trafficking in women and forced prostitution, vary according to their nature and content. Any strategy aimed at increasing awareness amongst the media should be sufficiently flexible and targeted to take into account the specificity of the different media. In this context, particular attention should be given to the media which are essentially, if not exclusively, aimed at men.