TWENTY-FIRST ORDINARY SESSION

3. Having regard to its recommendation on mass communication media and human rights proposing that the Committee of Ministers take action on a number of specific points;

4. Considering that, besides action to be taken by the Council of Europe, certain principles affirmed at the Salzburg Symposium should be embodied in a special declaration,

5. Adopts the declaration on mass communication media and human rights hereafter:

Declaration on mass communication media and human rights

A. Status and independence of the press and the other mass media

1. The press and the other mass media, though generally not public institutions perform an essential function for the general public. In order to enable them to discharge that function in the public interest, the following principles should be observed:

2. The right to freedom of expression shall apply to mass communication media.

3. This right shall include freedom to seek, receive, impart, publish and distribute information and ideas. There shall be a corresponding duty for the public authorities to make available information on matters of public interest within reasonable limits and a duty for mass communication media to give complete and general information on public affairs.

4. The independence of the press and other mass media from control by the state should be established by law. Any infringement of this independence should be justifiable by courts and not by executive authorities.

5. There shall be no direct or indirect censorship of the press, or of the contents of radio and television programmes, or a news of information conveyed by other media such as news reels shown in cinemas. Restrictions may be imposed within the limits authorised by Article 10 of the European Convention on Human Rights. There shall be no control by the state of the contents of radio and television programmes, except on the grounds set out in paragraph 2 of that Article[2].

6. The internal organisation of mass media should guarantee the freedom of expression of the responsible editors. Their editorial independence should be preserved.

7. The independence of mass media should be protected against the dangers of monopolies. The effects of concentration in the press, and possible measures of economic assistance require further consideration.

8. Neither individual enterprises, nor financial groups should have the right to institute a monopoly in the fields of press, radio or television, nor should government-controlled monopoly be permitted. individuals, social groups, regional or local authorities should have - as far as they comply with the established licensing provisions - the right to engage in these activities.

9. Special measures are necessary to ensure the freedom of foreign correspondents, including the staff of international press agencies, in order to permit the public to receive accurate information from abroad. These measures should cover the status, duties and privileges of foreign correspondents and should include protection from arbitrary expulsion. They impose a corresponding duty of accurate reporting.

B. Measures to secure responsibility of

the press and other mass media

It is the duty of the press and other mass media to discharge their functions with a sense of responsibility towards the community and towards the individual citizens. For this purpose, it is desirable to institute (where not already done):

(a) professional training for journalists under the responsibility of editors and journalists;

(b) a professional code of ethics for journalists; this should cover inter alia such matters as accurate and well balanced reporting, rectification of inaccurate information, clear distinction between reported information and comments, avoidance of calumny, respect for privacy, respect for the right to a fair trial as guaranteed by Article 6 of the European Convention on Human Rights;

(c) press councils empowered to investigate and even to censure instances of unprofessional conduct with a view to the exercising of self-control by the press itself.

C. Measures to protect the individual against

interference with his right to privacy

1. There is an area in which the exercise of the right of freedom of information and freedom of expression may conflict with the right to privacy protected by Article 8 of the Convention on Human Rights[3] The exercise of the former right must not be allowed to destroy the existence of the latter.

2. The right to privacy consists essentially in the right to live one's own life with a minimum of interference. it concerns private, family and home life, physical and moral integrity, honour and reputation, avoidance of being placed in a false light, non-revelation of irrelevant and embarrassing facts, unauthorised publication of private photographs, protection against misuse of private communications, protection from disclosure of information given or received by the individual confidentially. Those who, by their own actions, have encouraged indiscreet revelations about which they complain later on, cannot avail themselves of the right to privacy.

3. A particular problem arises as regards the privacy of persons in public life. The phrase "where public life begins, private life ends" is inadequate to cover this situation. The private lives of public figures are entitled to protection, save where they may have an impact upon public events. The fact that an individual figures in the news does not deprive him of a right to a private life.

4. Another particular problem arises from attempts to obtain information by modern technical devices (wire-tapping, hidden microphones, the use of computers etc.), which infringe the right to privacy. Further consideration of this problem is required.

5. Where regional, national or international computer-data banks are instituted the individual must not become completely exposed and transparent by the accumulation of information referring even to his private life. Data banks should be restricted to the necessary minimum of information required for the purposes of taxation, pension schemes, social security schemes and similar matters.

6. In order to counter these dangers, national law should provide a right of action enforceable at law against persons responsible for such infringements of the right to privacy.

7. The right to privacy afforded by Article 8 of the Convention on Human Rights should not only protect an individual against interference by public authorities, but also against interference by private persons or institutions, including the mass media. National legislations should comprise provisions guaranteeing this protection.

CONSULTATIVE ASSEMBLY

OF THE

COUNCIL OF EUROPE

TWENTY-FIRST ORDINARY SESSION

Recommendation 582 (1970)[4]

on mass communication media and human rights

The Assembly,

1. Having considered the proceedings of the Symposium on human rights and mass communication media held in Salzburg in September 1968 as a result of its Resolution 338 (1967) on press legislation;

2. Having regard to its declaration on mass communication media and human rights, which confirms the principle of independence of the press and other mass communication media and which states inter alia that these media perform an essential function for the general public[5];

3. Convinced that the right to freedom of expression and information, including freedom to hold, seek, receive and impart information and ideas regardless of frontiers, and to publish and distribute them should be ensured to everyone, including the press and other mass media;

4. Considering that the right to freedom of expression and information is a right guaranteed by Article 10 of the European Convention on Human Rights, and that the right to privacy is guaranteed by Article 8 thereof;

5. Recalling that recent technological advances have enormously expanded the range of diffusion of ideas, words and images, and thereby augmented their impact on the individual;

6. Recalling further its Recommendation 509 (1968) on human rights and modern scientific and technological developments;

7. Believing that action by member states is necessary in order to secure the effective application of some of the principles embodied in its declaration on mass communication media and human rights,

8. Recommends that the Committee of Ministers:

(a) invite member states to encourage national and international professional organisations to draw up a professional code of ethics for journalists based on the principles embodied in the declaration on mass communication media and human rights, covering inter alia such matters as accurate reporting, rectification of inaccurate information, avoidance of calumny, respect for privacy, also taking into account all other relevant work on this subject, and respect for the right to a fair trial as guaranteed by Article 6 of the European Convention on Human Rights;

(b) instruct a committee of specialised experts to study the scope and the effects of press concentrations, and to make recommendations on possible measures of economic assistance;

(c) set up, in accordance with Resolution No. 3, on press legislation, of the 4th Conference of European Ministers of Justice held in 1966, a committee of specialised experts to study the possibilities of harmonisation of provisions of national press legislations such as the right of reply, seizure and confiscation of publications, and professional secrecy of journalists, to study the problems raised by the portrayal of violence by the mass media, and to make recommendations concerning press councils on the basis of the experience of those countries where press councils have already been set up;

(d) invite member states which have not already done so to encourage professional organisations to set up press councils, with the view of exercising self-control, such press councils being empowered to deal with instances of unprofessional conduct committed by any organ of the press in their state;

(e) instruct the Committee of Experts on Human Rights to consider and make recommendations on:

(i) the extension of the right of freedom of information provided for in Article 10 of the European Convention on Human Rights, by the conclusion of a protocol or otherwise, so as to include freedom to seek information (which is included in Article 19 (2) of the United Nations Covenant on Civil and Political Rights); there should be a corresponding duty on public authorities to make information available on matters of public interest, subject to appropriate limitations;

(ii) the protection of the status and freedom of foreign correspondents, including the staff of international press agencies, by the elaboration of an additional protocol to the European Convention on Human Rights or of a convention, or otherwise;

(iii) the establishment of an agreed interpretation of the right to privacy provided for in Article 8 of the European Convention on Human Rights, by the conclusion of a protocol or otherwise, so as to make it clear that this right is effectively protected against interference not only by public authorities but also by private persons or the mass media.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

TWENTY-SIXTH ORDINARY SESSION

Recommendation 747 (1975)[6]

on press concentrations

The Assembly,

1. Recalling its Resolution 534 (1972), on press concentrations;

2. Welcoming Resolution (74) 43, adopted by the Committee of Ministers on 16 December 1974, at the conclusion of the substantial and remarkable work accomplished by the Committee of Experts on Press Concentrations;

3. Reiterating its concern at the potential or actual threat to diversity in the press resulting from the sharing of the market by a diminishing number of newspapers or newspaper groups;

4. Convinced that diversity in the press, as a fundamental component of freedom of expression, is a prerequisite for a democratic political system;

5. Noting that the present economic juncture is producing particularly adverse effects on the state of the press, threatening the financial viability of all newspapers and the very survival of the weaker ones, and that therefore measures of public aid to the press may become more necessary;

6. Urging, in this context, the need to avoid arbitrary exclusion from governmental aid programmes of periodicals published by opposition forces;

7. Believing, however, that the predicament of the press can and must be remedied also with measures other than mere economic aid, and that in this respect the Council of Europe has a role to play in order to ensure co-ordination on the European level in the light of Article 10 of the European Convention on Human Rights;

8. Having considered the report of its Political Affairs Committee (Doc. 3536),

9. Recommends that the Committee of Ministers:

i. draw the attention of the governments of the member states to the importance that both the Committee of Ministers and the Assembly attach to the full implementation, within a short time, of the whole set of measures envisaged in Resolution (74) 43;

ii. consider the possibility of supporting national measures of economic assistance with measures taken at the European level such as:

a. the drafting of a model statute for newspaper editorial staff, guaranteeing the freedom of expression and information, with particular regard to the attempt by the ownership or trade unions to control the editorial staff;

b. the definition of the requirements of a responsible information policy in a democratic society;

c. the establishment of an information centre within the Council of Europe on the facts of the situation of press concentrations, which should:

1. gather and divulge such information concerning each member country;

2. continue observation and analysis of the trend towards press concentrations, including analysis of the evolution of the relationship between written and audio-visual information;

3. establish close co-operation with press bodies and associations, with a view to:

- making the press aware of all the means available for improving the situation by its own efforts;

- making the public aware of the problems raised by press concentrations.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

TWENTY-SIXTH ORDINARY SESSION

Recommendation 748 (1975)[7]

on the role and management of national broadcasting

The Assembly,

1. Considering the work of the Munich Symposium on the role and management of telecommunications in a democratic society (24-26 June 1974);

2. Having noted the report of its Committee on Culture and Education on this subject (Doc.3520);

3. Aware of the present debates in many European countries on the management of broadcasting, and convinced that such management must preserve but can also enhance the democratic nature of European society;

4. Recalling the Symposium in Florence in 1973 on freedom of expression and the role of the artist in European society, and in particular its Recommendation 719 (1973) on the exercise of freedom of artistic expression;

5. Convinced, however, that, together with such freedom, individuals should be responsible for what they might broadcast, and also accountable before the laws and existing standards of their countries;

6. Recalling the Symposium in Salzburg in 1968 on human rights and mass communications, and its Resolution 428 (1970) and Recommendation 582 (1970) (with Doc. 2687), and welcoming Resolution (74) 26 of the Committee of Ministers which affirmed the right of reply by individuals to radio and television;

7. Regarding it as the duty of governments to ensure that the broadcasting media provide a full public service in the fields of 1. information, 2. culture and education, 3. debate and 4. artistic expression;

8. Believing that this service applies to the society of a country as a whole as well as to its minorities;

9. Holding that the state is only the trustee of the public interest, and that the interpretation of such interest must be flexible and be debated by the public itself rather than particular groups (however well intentioned), with some measure of institutionalised public control over what is broadcast;

10. Aware of the extensive and increasing penetration of society by the broadcasting media;

11. Stressing the importance of educating the public in the use of these media;

12. Recalling the work being done by its parliamentary Committee on Science and Technology on the democratic control of technological development, in particular in its recent symposium on science and the decision-making machinery of society;

13. Believing that there is room for considerably greater co-operation on a European level in broadcasting, both for the profitable exchange of ideas and expression and as a direct means of improving mutual understanding between European peoples;

14. Aware of the difficulty of financing broadcasting networks and concerned to ensure that there be no commercial motivation in programming (planning or content),

15. Recommends that the Committee of Ministers:

a. consider the "draft minimum requirements for national broadcasting" set out in the annex to this recommendation;

b. invite member governments to consider holding an ad hoc conference of Ministers responsible for culture and education together with those responsible for telecommunications, in order to consider means of concerting a common European policy as regards the cultural and educational potential of broadcasting.

ANNEX

Draft minimum requirements for national broadcasting

a. A full service for all the public, with:

i. Multiple choice of programming with due recognition of regional and minority interests, although not exclusively on any single channel;

ii. A high educational and cultural element;

iii. Control, by properly balanced programming, of cultural, commercial and also information-pollution;

iv. High content of co-ordination and exchange with other European broadcasting productions;

b. Freedom of expression, with no governmental or institutional preliminary censorship. but subject to the following qualifications:

i. The right or reply

ii. Public accountability of producers for their productions before some organisation, in the first instance predominantly parliamentary, democratically representative of society;

iii. Accountability of producers, rather than institutions, before the laws in force in any particular state;

c. The right of individual access to broadcasting in principle, though subject to the existing controls on quality and to the availability of relevant space;

d. Recognition of viewers’ and listeners’ associations and proper opportunities for their opinions to be publicly debated;

e. Instruction at all levels of education, and also via the media themselves, in the understanding of broadcasting (including advertising techniques and political propaganda);

f. Research into both the technological and social aspects of broadcasting;

g. Flexibility to introduce new techniques (such as viewer-selected superimposed subtitling);

h. A special employment policy for those engaged in the media that recognises their particular responsibility towards ensuring a public service and the obligations this responsibility imposes upon them;

i. The divorce of commercial interest from programme content and planning;

j. Responsible control of broadcasting, whether directly by government or by the intermediary of licensed institutions

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

THIRTIETH ORDINARY SESSION

Recommendation 834 (1978)[8]

on threats to the freedom of the press and television

The Assembly,

1. Recalling its Recommendation 747 (1975), on press concentrations;

2. Reiterating its conviction that freedom of the press and television, as a fundamental component of freedom of expression, is a prerequisite for a democratic political system, and that therefore the Council of Europe must contribute to safeguarding such freedom;

3. Considering that problems of monopoly, of government interference and of abuse of proprietorial or trade union power raise such serious issues for the defence of freedom of the media that governments and parliaments in Europe should be encouraged to study and put into operation policies designed to assure the maximum freedom of comment for press and television;

4. Considering that there is an urgent need to bring legislation up to date with technological development in the field of media, notably as far as telecommunication by satellite is concerned;

5. Aware that press concentrations and monopolies, by reducing the number of newspapers and newspaper groups, especially in the present adverse economic juncture, reduce at the same time plurality of expression;

6. Aware that government interference (as opposed to state intervention required to protect and promote freedom of information in a democratic society) results in unfair treatment for opposition media, and produces biased information;

7. Considering that, in a free enterprise system, a mutually satisfactory balance must be found between trade unions’ and employers’ interests over the introduction of new technologies, which reduce the jobs available to printing workers;

8. Considering that journalists’ trade unions, whose primary task it is to defend their members’ professional interests, should perform their duties with special regard to the safeguard of the freedom of expression of individual journalists;

9. Drawing attention also to the possible influence of advertisers and sponsors on freedom of expression and in particular on the content of newspaper articles and broadcasts;

10. Welcoming the fact that, in the framework of the intergovernmental programme of the Council of Europe, a committee of experts has special responsibility to deal with questions relating to the mass media;

11. Aware, however, of the different national conditions in the field of the media, and of the consequent difficulty of elaborating comprehensive legal instruments at the European level,

12. Calls for the enactment of restrictive national legislation on press monopolies and concentrations, recognising that freedom of the press cannot be governed by the rules of free enterprise alone, and providing inter alia for publicity of ownership and balance sheets of newspapers;

13. Recognises that measures of public economic aid to the press may be necessary to assure the financial viability of all newspapers and the very survival of the weaker ones, and that in this respect, without prejudice to existing legislation in certain Council of Europe member states, any form of selective aid should be attributed only by an independent body;

14. Believes that a pluralistic approach to electronic broadcasting of information should be enhanced by establishing more independent channels, thus breaking up monopolies;

15. Believes that programme and management independence of state television can be enhanced by the establishment of specialised parliamentary committees and consultative bodies representing various social groups, such as employers’ associations and trade unions, viewers’ associations, intellectual institutions, authors, artists, actors and consumers;

16. Calls for the enactment of national legislation, where still missing, governing broadcasts by satellite and by cable, as well as by local radio and television stations;

17. Believes that statutes for the editorial staff of both written and audio-visual media, to be drafted nationally on the basis of guidelines set by the Council of Europe, could contribute to guaranteeing freedom of expression and information, with particular regard to attempts by the ownership or the trade unions to restrict freedom of comment of the journalists;

18. Recommends that the Committee of Ministers:

i. transmit the above proposals to the Committee of Experts on the Mass Media, with a request that they study them within the framework of their programme;

ii. keep the Assembly regularly informed of the progress and results of the work of the Committee of Experts on the Mass Media;

iii. until such time as statutes on the mass media have been drafted, invite those governments that supervise the media to take all necessary steps to ensure that all political, social and cultural forces have access to the media on fair and equitable terms.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

THIRTY-FIRST ORDINARY SESSION

Recommendation 862 (1979)[9]

on cinema and the state

The Assembly,

1. Noting the report of its Committee on Culture and Education on cinema and the state (Doc. 4306) and taking account of the results of the symposium on this subject held by the committee in Lisbon from 14 to 16 June 1978;

2. Recalling its Order No. 341 (1973) and earlier symposia on "Freedom of expression and the role of the artist" (Florence 1973), "Telecommunications" (Munich 1974) and "The democratic renewal of the performing arts" (Athens 1976);

3. Regarding the cinema as an important cultural factor and means of artistic expression and as an industry and commercial activity;

4. Aware of the crisis affecting the cinema in most European countries;

5. Stressing that member governments have a duty to provide a sounder legal, economic and administrative basis for the revitalisation of the cinema and the development of film-making of real artistic quality;

6. Believing that the failure of many existing systems of aid makes a study of the problem necessary on the European level in order to promote new policies for the development of the cinema on the national level;

7. Insisting on the independence of film-making as an art, and on the importance of the diversity, in national and cultural terms, of the film in Europe, and that this diversity finds means for its expression and diffusion;

8. Stressing the importance of alternative non-commercial circuits, such as film clubs and municipal cinemas in community centres;

9. Welcoming the efforts, made by UNESCO to assist member states in the field of the storage, conservation and restoration of films and calling attention to the need for further work to be carried out by Council of Europe member states in these fields and also that of documentation;

10. Welcoming the setting-up of a "European Film Office" at present limited to two member states, as a clearing house for film information and hoping that all European states will be able to participate;

11. Recalling its Recommendation 850 (1979) on European cultural co-operation and the need to co-ordinate the activities of European organisations working in the cultural field;

12. Welcoming Resolution No. III on cultural industries adopted by the European Ministers with responsibility for cultural affairs meeting in Athens in October 1978;

13. Appreciating the work of the Council for Cultural Co-operation in fields related to cinema, and expressing its support for the conference to be held in Strasbourg on the state’s role vis-à-vis the culture industries.

14. Recommends that the Committee of Ministers instruct an appropriate committee to prepare, in consultation with the interested professional and other groups, recommendations to governments for the elaboration of new cinema policies covering the following particular points:

a. on the national level

i. practical measures for the stimulation of film production and the encouragement of new talent and exchanges of experience;

ii. introduction of secondary school children to the cinema;

iii. means of selective state aid for the promotion of quality work rather than automatic aid;

iv. establishment of film clubs and of municipal cinemas in local community centres as an addition to the commercial circuits;

v. taxes and fees imposed on cinema in relation to those imposed on other shows;

vi. possibilities of co-operation, on equitable terms, between the cinema and television;

vii. making the cinema more easily accessible to all, for instance by reductions in admission charges especially for the young and elderly;

viii. organisation of the storage, conservation and restoration of films;

ix. increasing cultural budgets to enable film policies to be properly implemented;

x. ways of solving the problems facing the cinema in the context of audio-visual policy as a whole and with particular attention to technological developments.

b. on the European level

i. agreements between European producers on film financing and measures to encourage the co-ordination of films of European origin both in Europe and throughout the world;

ii. development of the "European Film Office" for collecting, co-ordinating and circulating documentation on the cinema throughout Europe;

iii. efforts to co-ordinate policies for the whole audio-visual field;

iv. encouragement for the greater use of sub-titling rather than dubbing;

v. study on the diversification of film distribution, with constant stress on the importance of the individuality of film-making in Europe.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

THIRTY-THIRD ORDINARY SESSION

Recommendation 926 (1981) [10]

on questions raised by cable television and by direct satellite broadcasts

The Assembly,

1. Having considered the report of its Legal Affairs Committee (Doc. 4756), and the opinion of its Committee on Culture and Education (Doc. 4782);

2. Considering that new technological developments, such as direct broadcasting satellites, cable television as well as distribution by cable, will have a considerable impact on the national broadcasting systems in Council of Europe member states;

3. Welcoming the fact that satellite broadcasting systems imply a multiplication of radio and television programmes, and will present excellent opportunities for the development of a permanent European co-operation on radio and television programmes;

4. Recalling its many reports on the mass media, and in particular its Recommendation 747 (1975) on press concentrations, 748 (1975) on the role and management of telecommunications in a democratic society, and 834 (1978) on threats to the freedom of the press and television;

5. Recalling from this last recommendation especially:

- the consideration "that freedom of the press and television, as a fundamental component of freedom of expression, is a prerequisite for a democratic political system, and that therefore the Council of Europe must contribute to safeguarding such freedom";

- the call "for the enactment of national legislation, where still missing, governing broadcasts by satellite and by cable, as well as by local radio and television stations";

- the belief "that statutes for the editorial staff of both written and audio-visual media, to be drafted nationally on the basis of guidelines set by the Council of Europe, could contribute to guaranteeing freedom of expression and information…";

6. Considering that Austria, Belgium, Canada, Denmark, Italy, the Netherlands, Spain, Switzerland and the United Kingdom are co-operating, under the supervision of the European Space Agency, to launch a European broadcasting satellite (L-Sat) in 1985;

7. Considering that France and the Federal Republic of Germany have already decided to institute operational broadcasting services using national satellites, whereas others such as Italy and the United Kingdom are studying the possibility of doing so;

8. Considering that Sweden is studying the launching of Tele-X, an experimental preoperational satellite, in 1986, and that the five Nordic countries are considering a joint system for radio and television broadcasting, the so-called Nordsat project;

9. Considering that a number of private companies are planning to transmit commercial television programmes with direct broadcast satellites in two or three years’ time;

10. Considering that the World Administrative Radio Conference (WARC) of 1977 reached agreement on the principle of national areas of coverage for satellite transmissions with minimum overlap on the territory of other countries, but that, nevertheless, a considerable "spill-over’’ is inevitable;

11. Considering that, as a consequence of the "spill-over", satellite television programmes, although directed at one of a number of central and western European states, may also be captured in at least 25 million homes outside national territory;

12. Considering that, in accordance with the WARC decisions, no satellite broadcasts may take place without prior agreement of the state at which territory the broadcasts are primarily directed;

13. Considering that as a result of these developments the following dangers may arise:

i. national legislation may be undermined, as Council of Europe member states will have difficulty in applying their national laws to foreign television programmes;

ii. the intellectual property rights of authors, composers and performing artists may be affected especially by cable television;

iii. the independence of programme-makers vis-à-vis the state and commercial interests may be more severely threatened than at present, and thus the exercise of the freedom of expression may be further impeded;

iv. the same programmes may be broadcast to a large part of Europe and, mainly through the deterioration of the financial resources of existing broadcasting organisations and through the competition for viewers, the intellectual and cultural pluriformity in Council of Europe member states may decline;

14. Considering that, in view of these dangers and of the rapid technological developments, it is necessary and urgent that European states cooperate to solve the legal problems raised by the transmission of television programmes through satellites and cable networks;

15. Considering that the measures to be taken both at national and international level should be on the broadcasting rather than on the receiving end, and that they may include the following:

i. safeguards for the application of national legislation for the protection of public health and morals, and for the application of penal law;

ii. effective measures to guarantee that advertisers will comply with national and international provisions;

iii. if television channels are sold to commercial companies or to foreign countries, they should be made subject to the same regulations as domestic broadcasting organisations:

16. Recalling Resolution No. III on cultural development and the electronic media, of the 3rd Conference of European Ministers with responsibility for Cultural Affairs (Luxembourg, (1981);

17. Desirous to protect adequately the rights of authors, composers and performing artists;

18. Considering that further measures to be taken should safeguard:

i. the independence of those responsible for the programmes vis-à-vis the state;

ii. the independence of those responsible for the programmes vis-à-vis capital suppliers and advertisers;

iii. the clear separation between programmes and advertising;

iv. the integrity of commercial information by strict interdiction of hidden or misleading advertising and of subliminal messages;

19. Considering that, in order to increase or safeguard pluriformity of television broadcasts, it may be indicated:

i. to take measures to guarantee the access of all political, social and cultural forces to the electronic media on fair and equitable terms;

ii. to study the desirability and the possibilities of additional financing of broadcasting companies and television programmes by public means;

20. Recalling the European Agreement for the prevention of broadcasts transmitted from stations outside national territories (1965);

21. Considering that the Council of Europe, embracing nearly all free and democratic countries in Europe, is particularly well-suited to deal with these questions, and that it has already studied the framework of its Steering Committee on the Mass Media and its subordinate committees which deal with the technological, economic, social, legal and human rights aspects,

22. Recommends that the Committee of Ministers:

a. instruct the Steering Committee on the Mass Media to study, in consultation with the other steering committees involved, the problems raised by cable television and by direct satellite broadcasting, in view of arriving at a European agreement:

i. on securing the artistic independence of programme-makers vis-à-vis the state and commercial interest;

ii. on concrete legal co-operation, possibly in the form of a convention;

iii. on measures to educate the public, and especially young people, to appreciate and evaluate the media in question;

iv. on copyright and royalty questions;

v. on a code of standards regarding programme content, acceptable also to broadcasting organisations;

b. invite the member governments to scrutinise their national broadcasting and cable legislation to see whether it is in line with the principles mentioned above and adapt it if necessary.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

THIRTY-FOURTH ORDINARY SESSION

Recommendation 952 (1982)[11]

on international means to protect freedom of expression

by regulating commercial advertising

The Assembly,

1. Considering that freedom of expression is a fundamental right laid down in the constitutions of most Council of Europe member states and in the European Convention on Human Rights;

2. Considering that Article 10 of this convention reads as follows:

"1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent states from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.";

3. Considering that freedom of expression is a right which should enable individuals and groups to express themselves, but that due regard should be had to the rights of others;

4. Noting that, in accordance with the jurisprudence of the European Commission of Human Rights, the protection conferred by Article 10 is not normally withheld from statements of a commercial nature, but that the level of protection may be less than that accorded to the expression of political ideas with which the values underlying the concept of freedom of expression in the convention are chiefly concerned;

5. Desirous to counteract any abuses of human rights;

6. Considering that appropriate advertising is an essential element of the market economy;

7. Considering, however, that commercial advertising is often very intrusive, and that children especially may not possess adequate protection against its influence;

8. Considering that commercial advertising sometimes strives for the sale of goods and services which are dangerous to health or undesirable for other reasons;

9. Considering, in this respect, that there is, for instance, an alarming increase in the use of alcohol by youth in many of our member countries;

10. Referring to its Recommendation 716 (1973), on the control of tobacco and alcohol advertising, and on measures to curb consumption of these products;

11. Considering that mass media, especially in view of modern technical developments, such as cable television and direct television broadcasts by satellites, are not limited by national boundaries, but that they are frequently heard, watched or read in several of our member countries;

12. Considering that there is a danger of cultural messages, opinions and information being mixed with advertising, and that, as a consequence, the exercise of the right to freedom of expression may be undermined;

13. Considering, for that reason, that any action that any action aimed at protecting freedom of expression by regulating commercial advertising is bound to fail unless it is taken up at international level;

14. Convinced that all action aimed at regulation or prohibition should be accompanied by a policy including measures such as better education of the young, strengthening of consumer associations and better use of leisure time;

15. Recalling its recent Recommendation 926 (1981) on questions raised by cable television and by direct satellite broadcasts;

16. Stressing the importance of:

i. the clear separation between programmes and advertising on the electronic media (see Recommendation 926, paragraph 18.iii);

ii. effective measures to guarantee that advertisers will comply with national and international provisions (see Recommendation 926, paragraph 15.ii);

iii. safeguards for the application of national legislation in the field of health, morals, public order, protection of children, etc.;

17. Considering that the overwhelming majority of newspapers and periodicals in our member states are dependent on a steady flow of advertisements without which they would not be able to exist;

18. Referring to the International Code of Advertising Practice of the International Chamber of Commerce;

19. Welcoming the work of the Council of Europe’s Intergovernmental Steering Committee n the Mass Media;

20. Considering that this committee should, as a matter of urgency, study and propose adequate international measures, in particular:

i. co-operation and co-ordination in respect of commercial advertising, especially on radio and television;

ii. prohibition of misleading, hidden and subliminal advertising or messages;

iii. promotion of the conditions under which a pluriform supply of information can exist;

iv. introduction of a binding code of conduct for commercial advertising which should, in particular, take account of the effect of advertising on children, not be contrary to the process of emancipation, and promote as well as confirm the separation of advertising from information or opinions,

21. Recommends that the Committee of Ministers, in the light of Article 10 of the European Convention on Human Rights, instruct the Steering Committee on the Mass Media to examine international means to protect freedom of expression by regulating commercial advertising, especially on radio and television, and to make concrete proposals, possibly through the conclusion of a European convention.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

THIRTY-SIXTH ORDINARY SESSION

Resolution 820 (1984)[12]

on relations of national parliaments with the media

The Assembly,

1. Considering that relations between parliaments and the media have many aspects, namely:

i. parliaments of the member countries often examine the media policy of their governments;

ii. parliaments are sometimes represented on the boards of television and radio companies, or are in various forms - involved in the monitoring of the activities of these companies;

iii. parliaments need media coverage to disseminate knowledge of their activities to a wider public;

2. Considering, however, the limited audience for parliamentary news among viewers and readers;

3. Considering the limited number of newspapers that give extensive and detailed information on the activities of parliaments;

4. Noting that the electronic media, in particular television, tend to cover only important parliamentary events;

5. Stressing the need for parliaments, while respecting their traditions and rules of procedure, as well as the freedom of the press, to make use of all possibilities for adequate media coverage of their work,

6. Expresses the view that, where media coverage of parliamentary events is concerned:

a. the electronic media should consider:

i. broadcasting programmes on parliamentary work at fixed times;

ii. if several channels are available, giving in one of them a certain priority to a parliamentary news programme;

iii. giving wider publicity to question time in parliaments, when high-ranking members of government are present;

iv. setting up a specialised unit for parliamentary affairs;

v. increasing their efforts to explain to the audience the basic facts of parliamentary life (committee work, absenteeism, etc.);

b. the press - particularly nation-wide and major regional newspapers - should consider:

i. instituting posts of parliamentary correspondents;

ii. giving more coverage to parliamentary work which has only limited coverage in other media;

iii. devoting series of articles to the basics of parliamentary life, about which only a limited number of readers know the essential facts;

iv. publishing more articles of an educative nature on democratic institutions, in particular parliaments;

c. national parliaments should:

i. contemplate, if the budgetary situation permits, appointing a number of parliamentary information officers;

ii. contemplate arranging press briefings by the Speaker or a spokesman on the agenda of parliament;

iii. study the possibilities of access by journalists to parliament, bearing in mind security and the working conditions of members;

iv. ensure that minimum facilities for journalists are available (press rooms, press gallery, meeting rooms), and produce, if possible, press reviews, analyses of electronic media coverage, newsletters on parliamentary work, brochures explaining the organisation and functioning of parliament (possibly in several languages);

v. provide, as far as possible, adequate radio and television services (studios, recording and editing equipment, broadcasting facilities);

vi. produce films or audio-visual material on their functioning;

vii. record parliamentary debates on magnetic tapes, where possible, for use by radio and television companies.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

THIRTY-EIGHT ORDINARY SESSION

Recommendation 1037 (1986)[13]

on data protection and freedom of information

The Assembly,

1. Bearing in mind that democracies are characterised by the distribution and circulation of a maximum amount of information within society;

2. Aware of the contribution made by the Committee of Ministers to the promotion of a free circulation of information within society in adopting Recommendation No. R (81) 19, on access to information held by public authorities, as well as its Declaration on the freedom of expression and information of 29 April 1982, which declared that the pursuit of an open information policy in the public sector, including access to information, is among the objectives of member states;

3. Having regard also to Recommendation 854 (1979), on access by the public to government records and freedom of information, and Recommendation 582 (1970), on mass communication media and human rights, of the Parliamentary Assembly, stating that the rights provided for by Article 10 of the European Convention on Human Rights should be extended "to include freedom to seek information... (with) a corresponding duty on public authorities to make information available on matters of public interest subject to appropriate limitations'';

4. Recognising that the principle of freedom of information/access to official information has been introduced by many national, federal and state legislatures of member states of the Council of Europe as well as elsewhere;

5. Having particular regard to the legislation of Denmark, France, the Netherlands, Norway and Sweden, on access to official information, as well as of Australia, Canada and the United States;

6. Recalling that a right to have access to official information may be restricted in the interests of the protection of privacy;

7. Believing therefore that the protection of privacy influences the amount of information which can circulate in society;

8. Recalling in this context the basic data protection principles set out in the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, of 28 January 1981, which impose limitations on the collection, storage, use and communication of personal information;

9. Aware of the fact that the convention of28 January 1981, which has now entered into force, confers a right of access to personal data only, and that this right is reflected in the data protection laws of Austria, Denmark, France, the Federal Republic of Germany, Iceland, Luxembourg, Norway, Sweden and the United Kingdom;

10. Convinced however that the coexistence of access to official information legislation and data protection legislation may come into conflict especially where they are administered separately by different organs and under different criteria;

11. Conscious of the fact that certain countries have sought to avoid conflicts by legislating for access to official information and data protection at the same time, and have therefore shown that the concepts are not mutually distinct but form part of the overall information policy in society, Canada, the province of Quebec (Canada) and the state of Hesse (Federal Republic of Germany) being cases in point;

12. Considering that new technological developments may render obsolete existing legislation, and that the Council of Europe should therefore continue to give a lead and provide guidelines for the national legislators concerning the problems raised by new technologies,

13. Recommends that the Committee of Ministers instruct the Committee of experts on data protection:

a. to identify criteria and principles according to which data protection and access to official information could be reconciled;

b. to prepare an appropriate legal instrument setting out such criteria and principles;

14. Invites the governments of member states which have not yet done so to ratify the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.

CONSULTATIVE ASSEMBLY

OF THE

COUNCIL OF EUROPE

TWENTY-NINTH ORDINARY SESSION

Recommendation 1067 (1987)[14]

on the cultural dimension of broadcasting in Europe

The Assembly,

1. Having considered the report by its Committee on Culture and Education (Doc. 5782) and the opinion of its Legal Affairs Committee (Doc. 5800);

2. Recalling its Recommendation 926 (1981) on questions raised by cable television and by direct satellite broadcasts, and Recommendation 996 (1984) on Council of Europe work relating to the media;

3. Recalling the Declaration on the Freedom of Expression and Information adopted by the Committee of Ministers in 1982.

4. Drawing attention to the profound changes in the mass media field, and in particular in that of television, as a result of the introduction of new transmission techniques by satellite and cable, in conjunction with rapidly increasing commercialisation both in public broadcasting and through privatisation;

5. Noting that such developments may have potentially positive effects, in particular through:

a. increasing the opportunities and opening up new fields for cultural creation and expression;

b. broadening the range of programmes;

c. assisting awareness of other European languages and cultures;

6. Believing however that such changes also carry serious cultural risks, notably:

a. the encouragement of passive consumption of broadcast material;

b. the reduction in programme diversity and the erosion of socially accepted standards of behaviour;

c. the undermining of the cultural identity of smaller countries and minor language groups, and of the cultural diversity of Europe as a whole;

d. lack of respect for copyright and neighbouring rights;

e. economic and thereby cultural dependence on outside (largely commercial) factors;

7. Recognising that advertising provides an important occasion for artistic creation and is often of high quality, but at the same time wishing to prevent advertising destroying, for example by inappropriate juxtaposition or interruption, the cultural value of the programme it accompanies;

8. Insisting on the need for an effective reassertion by governments of the public service nature of broadcasting (whether public or private), and of the political, educational and cultural roles of the mass media, and believing that greater emphasis should be placed on the mass media as a means of creative expression, cultural diversity and communication throughout Europe;

9. Believing that, as a general principle, both public and private broadcasting should be subject to the same rules;

10. Stressing the importance for member states to concert policies and, when relevant, harmonise legal arrangements relating to the mass media, but in a manner that will respect national differences and also the independence of professional broadcasting bodies;

11. Repeating its concern, expressed in Recommendation 963 (1983) on cultural and educational means of reducing violence, that artistic freedom should not be used as an alibi for purely commercial interests;

12. Recalling its Recommendation 862 (1979) on cinema and the state, and stressing the need for closer co-ordination of mass media policies with those of other means of cultural expression;

13. Recalling also its Recommendation 928 (1981) on the educational and cultural problems of minority languages and dialects in Europe, and Recommendation 1043 (1986) on Europe's linguistic and literary heritage, and stressing the role that the cinema and mass media can play in promoting linguistic diversity and widening cultural appreciation;

14. Recalling its Recommendation 1018 (1985) on private sponsorship of the arts, and Recommendation 1059 (1987) on the economics of culture, and believing that considerably more resources should be channelled from the enormous profits made in the mass media business into direct encouragement of original production and the development of new and more varied talent;

15. Believing also that the governments of member states should review the fiscal incentives available to promote the re-investment of profits made in the mass media business in original domestic production and the development of new and more varied talent;

16. Recalling the long-standing concern of the Council for Cultural Co-operation and the Conference of European Ministers responsible for Cultural Affairs with the interaction between cultural policy and the communication media, and welcoming the proposal made by the ministers in Sintra (September 1987) for developing practical measures to promote European cultural diversity, taking into account the development of the communication technologies;

17. Having noted the texts adopted by the 1st European Ministerial Conference on Mass Media Policy (Vienna, December 1986), and welcoming in particular the direct request addressed by the Vienna conference to the Committee of Ministers for the rapid preparation, within the Council of Europe framework, of binding legal instruments on certain crucial aspects of transfrontier broadcasting;

18. Stressing the need for the participation of the European Community bodies in this initiative;

19. Underlining the need for speed in this area, in order to keep pace with technological advance and avoid cultural policies being dictated by such advances,

20. Recommends that the Committee of Ministers:

a. finalise and open for signature, early in 1988, a binding legal instrument on basic standards for transfrontier broadcasting by both public and private bodies, with a view to the possibility of its entering into force before the 2nd European Ministerial Conference on Mass Media Policy in Stockholm in November 1988, and set up an effective mechanism (including the representation of broadcasting bodies) to monitor the implementation of this instrument;

b. provide for the subsequent inclusion into such an instrument of binding agreements or additional protocols in other fields mentioned in the following paragraphs;

c. adopt a declaration on public responsibility for the mass media and the public service nature of broadcasting, with particular reference to the role of television in stimulating awareness of different cultures and developing the diversity of cultural and linguistic identities;

d. draw up proposals for maintaining and encouraging the linguistic diversity of the mass media, for example by:

i. joint production funds on which minor language nations may also draw;

ii. the inclusion of minor language interviews in news bulletins;

iii. the development of improved techniques for subtitling and the provision of dubbing on an optional basis;

iv. ensuring the right for national languages, and where appropriate minor local and regional languages, to be carried on national, regional and local networks;

e. recognise advertising as a valid field of creative expression, but give consideration to means of ensuring that it does not shock or affect the cultural integrity of the programmes it may accompany;

f. accelerate and intensify its work on guidelines for reducing violence, brutality and pornography, with reference to national legislation, not only on videograms, but also with reference to broadcasting in general;

g. encourage increased participation by women in broadcasting (especially in the fields of production and programming);

h. encourage media education, for example by:

i. the introduction of school courses on critical appreciation of the media and audiovisual production;

ii. the information of adults (and not only parents) as to developments in the mass media field;

i. promote the use of the mass media in education and in particular in line with the objectives of the Council of Europe in such fields as human rights, tolerance and equality between the sexes;

j. encourage the development of international concertation to promote the production and distribution of audiovisual works in Europe within the framework of overall cultural policies, including:

i. training programmes, for example the setting up of training centres for those working in the broadcasting profession, and trainee exchange schemes;

ii. protection of copyright and neighbouring rights;

iii. the closer co-ordination of media policies, and in particular the relationship between cinema and television;

iv. mechanisms of direct and indirect support for audiovisual creativity;

v. special emphasis on co-production in the making of musical and other non-verbal programmes;

k. maintain and encourage a continuing dialogue between all partners (government, media, the public and interested non-governmental bodies) with a view to developing, by means of a series of suitable instruments, the basis for the free exchange of mass media material and professional experience between Council of Europe member countries, between Western and Eastern Europe, and between Europe and other parts of the world;

l. conduct periodic reviews of international co-operation and research relating to broadcasting.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

FORTIETH ORDINARY SESSION

Recommendation 1098 (1989)[15]

on East-West audiovisual co-operation

The Assembly,

1. Noting the interim report of its Committee on Culture and Education (Doc. 5997) on the Colloquy "Cinema and television: the audiovisual field as a vector of communication between Eastern and Western Europe", organised in Orvieto from 26 to 28 October 1988 by the committee as its contribution to European Cinema and Television Year;

2. Recalling its Recommendation 862 (1979) on cinema and the state, and its Recommendations 926 (1981) on questions raised by cable television and by direct satellite broadcasts, 996 (1984) on Council of Europe work relating to the media, and 1067 (1987) on the cultural dimension of broadcasting in Europe;

3. Recalling also its recent reports relating to East West co-operation and in particular Recommendation 1075 (1988) on European cultural co-operation and Resolution 909 (1988) on East-West relations (General policy of the Council of Europe);

Open dialogue and exchanges

4. Believing that the audiovisual field represents an essential area for communication and co-operation between countries, peoples and persons in Eastern and Western Europe, and that this is particularly relevant in view of the current positive political moves towards more open dialogue and of technological developments such as direct broadcasting by satellite;

5. Welcoming the increasing readiness of the Soviet Union and certain other East European countries to participate in open discussion of audiovisual questions, as in the Orvieto Colloquy, and to enter into specific bilateral and possibly multilateral agreements;

6. Aware of the existing exchange of audiovisual material, either bilaterally or through film festivals or through such bodies as EBU and OIRT, but believing that a serious information gap still persists and that it is important to encourage a far greater flow of information, material and persons between Eastern and Western Europe;

7. Noting also that the current flow of audiovisual material is preponderantly from West to East, and believing that special efforts are necessary to balance this tendency through improvements both in the production of East European material and in its distribution in the West (facilities for subtitling or dubbing and training in marketing techniques);

8. Stressing the role played by contacts at all levels in this field and the need for the development of networks for circulating audiovisual material and information about it;

9. Noting, in addition, other means of improving contacts and the exchange of information, such as:

- telebridges,

- exchange of persons (artists or technicians),

- genuine co-productions;

Role of the state

10. Convinced that audiovisual creativity and the flow of information should be free from economic and commercial constraints, as also from political control and censorship;

11. Believing that the state continues to play an essential role in the maintenance of cultural standards and therefore in assisting production and in ensuring free flow;

12. Welcoming the fact that the European Convention on Transfrontier Television is in principle to be opened to non-member countries, and calling on countries in Eastern Europe to consider developing their audiovisual policies and practice in a manner that could facilitate their adherence in due course to this basic framework;

13. Stressing, however, the need for ongoing intergovernmental co-operation in order that this framework can be widened to encompass the whole of the audiovisual field;

Specific areas for co-operation

14. Noting as of particular East-West relevance the advantages of intergovernmental co‑operation in specific technical areas such as:

a. the compilation of European audiovisual legislation;

b statistics on production, distribution (and programme flow) and audiences;

c. the cataloguing of archive material;

d. the development of technologies (for example multilingual broadcasting and HDTV (high definition television);

15. Noting that education and training are also a key area in which East-West audiovisual co-operation could be usefully developed, notably through:

a. distance teaching, especially in scientific subjects or the visual arts;

b. audiovisual literacy, especially research, teacher training and exchanges;

c. the training of technicians, and the exchange of techniques, technology and persons;

16. Emphasising also the need for continuing international co-operation for the protection of literary and artistic property (copyright), as well as neighbouring rights, through the drawing up and effective implementation throughout Europe of regulations concerning these questions and including that of audiovisual piracy;

European co-operation

17. Believing that it is in the interests of the quality and cultural diversity of audiovisual production throughout Europe (both East and West) that cooperation in this field should be on as wide a European basis as possible;

18. Convinced that special emphasis should be placed on the East-West dimension in all European audiovisual co-operation, whether on the level of the Council of Europe (in such projects as "Eurimages") or in activities of the European Community (the MEDIA project and European Film Distribution Office), or in the recently proposed "Audiovisual EUREKA";

19. Believing, however, that the Council of Europe is the most suitable institution in Europe for developing East-West audiovisual co-operation;

20. Noting that the Committee of Ministers has considered "debate in the widest European parliamentary forum to be indispensable for the strengthening of the European cultural identity and the development of co-operation in the largest possible European geographical area" (reply to Recommendation 1075);

21. Calling on its Committee on Culture and Education to pursue and develop the contacts that were made on the occasion of the Orvieto Colloquy, and to continue to develop proposals for co-operation in the audiovisual field in the light of further colloquies and in the context of a more general review of questions raised by European Cinema and Television Year;

22. Noting the large extent to which the proposals for European co-operation made at the last European Ministerial Conference on Mass Media Policy (Stockholm, 23 and 24 November 1988) meet the conclusions of the Orvieto Colloquy,

23. Recommends that the Committee of Ministers give immediate consideration to the establishment of a suitable framework for East-West audiovisual co-operation, in the first place by making the fullest possible use of the European Cultural Convention, but also by working towards a more specific instrument.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

QUARANTE ET UNIÈME SESSION ORDINAIRE

Resolution 937 (1990)[16]

on telecommunications: the implications for Europe

The Assembly,

1. Convinced that the telecommunications sector is ideal ground for establishing a link between nations, and that such co-operation can operate in the matter of standards and the creation of telecommunications infrastructures;

2. Welcoming the efforts made by the European Community with a view to harmonising telecommunications networks and opening up the services market in its twelve member states, and convinced that this harmonisation should also benefit not only other Council of Europe member states but the whole of the European continent;

3. Considering that European telecommunications standards are, in large measure, prepared by the European Conference of Postal and Telecommunications Administrations (CEPT) which brings together the member countries of the Council of Europe as well as Yugoslavia, the Vatican City and the Principality of Monaco;

4. Welcoming co-operation with some East European countries, which was eased by the relaxation in 1988 of the Cocom rules on telecommunications equipment;

5. Considering that some developing countries, and in particular those in Africa, are still at a severe disadvantage because of their weak telecommunications structures;

6. Considering that the technical infrastructure most suited to the development of the African continent is an integrated telecommunications system which includes a satellite component, and whose feasibility study is being undertaken under the auspices of an inter‑agency co-ordinating committee (IACC) in which the International Telecommunication Union (ITU) is the lead agency, associating the African countries and ten international and intergovernmental regional organisations;

7. Anxious that the telecommunications equipment sector should remain one of Europe's economic strengths;

8. Convinced that the success of this sector largely depends on standardisation, research and the opening up of public contracts;

9. Convinced that the growth of a new, important economic sector dealing with "value‑added services" depends on present developments in telecommunications, and that the emergence of "new businesses'' in such a sector can play an effective part in the creation of new jobs;

10. Convinced that "high-definition television" will be of vital importance to industry over the next decade;

11. Considering that the availability of, and equal access to, basic telecommunications services already contribute substantially to the well-being of populations, conditioning their economic development, and that the improvement of telecommunications in the developing countries will have a positive impact on the whole of the world economy;

12. Aware that regional disparities in telecommunications infrastructures accentuate regional imbalances;

13. Welcoming the European Community's initiatives in connection with telecommunications development on a regional level, as given practical effect in the "Special Telecommunication Action for Regional Development" (STAR) programme;

14. Welcoming the pragmatic and flexible system of financing the EUREKA programme;

15. Convinced that telecommunications are an outstanding medium for the development of education and vocational training, both in developing countries and those with scattered populations and in industrial countries;

16. Convinced that communications technology allows a restructuring of the employment sector (teleworking, teleshopping) and presents opportunities for harmonising social conditions;

17. Considering that telecommunications, audiovisual techniques and integrated broadband communications contribute to the spread of information and culture;

18. Aware of the interaction between technical media and cultural creation, influenced, inter alia, by the development of cable television, direct broadcasting by satellite and the emergence of high-definition television;

19. Convinced that direct broadcasting by satellite can be a source of information independent of the institutional sources;

20. Convinced that monopolies over complete communications channels, particularly where the medium is identified with the message, carry potential risks of cultural domination and, therefore, that pluralism and freedom of information are the best guarantees of democracy,

21. Invites the governments of member states:

a. to ensure that the development of new communications media contributes to improving the individual's freedom of information and to strengthening democracy;

b. to ensure pluralist use of the networks and to make sure the medium is separated from the message in the provision of communications media;

c. to encourage the creation of independent programmes on telecommunications networks and cable networks by preventing programming monopolies;

d. to support schemes to develop educational and vocational training programmes using the full range of techniques and media: telematics, television, cable, radio and satellite;

e. to support the setting up of a high-power data transmission network linking together scientific research centres in Europe;

f. to assist in developing employment by encouraging the ripple effect in the telecommunications sector and, in particular, by promoting the creation of small and medium-sized businesses offering "value-added services";

g. to extend harmonisation rules on the provision of open networks and the opening up of the market for value-added telecommunications services within member states;

h. to encourage telecommunications and broadcasting system standardisation on a global basis so as to facilitate the rapid introduction and development of new techniques, thereby providing manufacturers, operators and consumers with worldwide opportunities and corresponding economies of scale;

i. to strengthen the European telecommunications equipment industry by giving priority to the development of integrated services digital networks (ISDN), and through standardisation, research and the opening up of public contracts within member countries;

j. to take steps to introduce common standards for direct broadcasting by satellite;

k. to promote the expansion of the pan-European mobile telecommunications network groupe système mobile (GSM);

l. to support the adoption of a common standard for high-definition television in Europe;

m. to promote the creation of an internal market for high-definition television covering all the media: cable, hertzian wave and satellite;

n. to take steps to correct regional disparities within member states, so that the essential telecommunications services are equally accessible to all and that the basis for an economic upturn is secured;

o. to study the implementation of a regional levelling-up programme along the lines of the European Community's STAR programme and financed in the same way as the EUREKA programme;

p. to initiate consultation with a view to extending the rules governing standardisation and the provision of networks to East European countries;

q. to respond favourably to the applications of East European countries wishing to join the European Conference of Postal and Telecommunications Administrations (CEPT);

r. to back international telecommunications programmes designed to assist the developing countries and, in particular, the promotion of a regional telecommunications satellite for Africa, involving the maximum number of states in the region and bringing all existing initiatives together.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

FORTY-FIRST ORDINARY SESSION

Recommendation 1122 (1990)[17]

on the revival of the countryside by means of information technology

1. The Assembly considers that new information and communication technologies offer new opportunities for the strengthening and revival of rural regions across Europe. The achievement of a new harmony between urban centres and the countryside through the application of such technologies would not only meet the aspirations of an increasing number of Europeans to improve the quality of their life and environment by living and working in the countryside, but would also benefit family life, and reduce the strain on transport systems and the environment, easing life in the cities. One successful implementation model for the achievement of such changes is the Swedish "telecottage" project.

2. The Assembly notes with satisfaction the important contributions that the Council of Europe has made to the preservation and development of rural Europe and its environmental and cultural diversity, in particular through the European Campaign for the Countryside organised in 1987 and 1988, and by work in the environmental field. The Council of Europe should continue its work in favour of rural regions, inter alia by promoting the application of new information and communication technologies.

3. Consequently, the Assembly recommends that the Committee of Ministers invite the governments of member states, the European Community, the European Space Agency and OECD:

a. to work out strategies for the application of new information and communication technology in rural areas, within the framework of a general development plan which gives special emphasis to rural development and to decentralisation in the fields of work and economy;

b. to establish policies for the telecommunication sector in line with rural development objectives and the specific needs of the countryside. This should specifically apply to price policies for telecommunication services, policies for telecommunication infrastructures, equipment and availability;

c. to provide for the testing of and experimentation with different models (infrastructure, equipment and user programmes), to satisfy the specific needs of existing and future clients and operators in rural communities. The Swedish "telecottage" model, which has also been tested in other European countries, as well as other experiences, should serve as a source of inspiration for this work;

d. to create and strengthen well-adapted training and education on the use of new information and communication technologies in rural regions, in particular for rural youth;

e. to give special attention to the problem of helping existing small and medium-sized enterprises in all sectors to make rapid use of these new technologies for the improvement of their performance and competitiveness;

f. to design development policies which will facilitate the creation of new employment opportunities and new enterprises in the information and communication technology sector in rural regions. This could include the decentralisation of public and private service institutions and companies, and of public administrations;

g. to implement employment policies which will favour part-time work in rural areas through the use of telecommunication technologies where complete decentralisation of workplaces may not be possible.

4. Bearing in mind its Recommendation 1110 (1989) on distance teaching, the Assembly recommends that the Committee of Ministers include in the intergovernmental programme of activities a project designed to assist member states in introducing the aforesaid policies.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

FORTY-SECOND ORDINARY SESSION

Resolution 957 (1991)[18]

on the situation of local radio in Europe

1. Freedom of expression and information is a human right secured by Article 10 of the European Convention on Human Rights, and a fundamental aspect of democracy.

2. Radio broadcasting has a major part to play in the development of culture and the freedom to form opinions.

3. The Assembly considers that local radio is an ideal potential means of fostering freedom of expression and information, the development of culture, the freedom to form and confront opinions, and active participation in local life.

4. Member states not yet having done so should accordingly permit local radio to exist.

5. However, the disorderly proliferation of local radio stations could have the effect of disrupting the airwaves and thus even represent an air traffic hazard. It may also impair programme quality.

6. Member states which already have regulations in this area should therefore ensure that they are observed, particularly as regards the use of airwaves.

7. In allocating frequencies and issuing broadcasting licences to local radio stations, member states should ensure that the following criteria are observed:

i. objectiveness;

ii. quality in preference to quantity;

iii. diversity in respect of information, culture and entertainment, and plurality in the ideas conveyed.

8. As far as the contents of their programmes are concerned, local stations should be independent both from the political authority and from the press, publishing companies and financial consortia; moreover, the exercise by local radio networks of a monopoly in broadcasting at any level is best avoided.

9. In order to ensure their independence, their sources of finance should be diversified.

10. They may receive subsidies from central, regional and local government and also resort to advertising, provided that this does not exceed a specified percentage of broadcasting time.

11. The content of the programmes presented by local radio should meet the following requirements:

i. the quality of local radio must be of the same standard as for public radio;

ii. a certain standard of professionalism must be provided;

iii. local radio should observe the public service code of ethics and in particular the principles set forth by the European Parliament in its report of 21 April 1989 on radio broadcasting, namely:

"a. objectivity, integrity and impartiality in the presentation of news;

b. the separation of news from opinion, the naming of those who express opinions and freedom of expression, within the limits laid down by the law of each member state;

c. respect for political, religious, social, cultural and linguistic diversity;

d. respect for the dignity, reputation and private life of individuals and for all rights and liberties recognised under international treaties signed by the member states or recognised by the Assembly;

e. the protection of young people and children;

f. respect for principles of equality, thus excluding discrimination on the grounds of race, culture, sex or religion."

12. Where it does not exist, co-ordination between the authorities of frontier regions should be established in order to achieve a harmonious allocation of airwaves, provide conditions for fair competition and foster mutual knowledge of regional cultures.

13. A body responsible for supervising the application of all the principles set out above should be established in each country.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

FORTY-THIRD ORDINARY SESSION

Recommendation 1147 (1991)[19]

on parliamentary responsibility for the democratic reform of broadcasting

1. The Committee on Culture and Education held its 2nd Colloquy on East-West Audiovisual Co-operation in Prague, in October 1990, on the subject of parliamentary responsibility for the democratic reform of broadcasting.

2. The situation of broadcasting and the approach to it is changing in both Eastern and Western Europe. In the West we witness the impact of new technologies, new forms of commercial involvement and the transfrontier dimension of broadcasting; whereas in the East political changes have washed away forty years of totalitarian ideology leaving behind a legal void. This situation leads to the present review of broadcasting throughout Europe.

3. Radio and television have a tremendous impact on public opinion. In a democracy, broadcasters have considerable power as a result of freedom of expression and the absence of censorship and must be accountable for their policies. Parliaments, which represent regional, political and cultural currents of opinion, and are guided by long-term national interest, must have the ultimate responsibility not only for setting up the legal frameworks within which radio and television are organised, but also for making provisions for guaranteeing their implementation.

4. There is no single solution for organising radio and television. Models vary from country to country and are subject to an ongoing process of adjustment. Much can, however, be learnt from past mistakes. Central and East European countries should be involved in European co-operation and discussion on these questions. Assistance should also be made available on both bilateral and multilateral levels to each country in the process of working out the model that suits best its particular situation and constraints.

5. The basic problem facing the new democracies in Central and Eastern Europe is the search for an audiovisual system to replace the former centralised, politically controlled, media. However, the alternative should not be unbridled privatisation and complete liberalisation, as they could lead to ruinous competition for exclusivity rights or even monopoly. To prevent this, the legal void left by the collapse of the totalitarian systems must urgently be filled with the notions of public service broadcasting (as distinct from public ownership), pluralism, independence and balance.

6. Other problems that are common to most Central and East European broadcasting systems are:

i. The evolution of the legal, organisational and financial structures for broadcasting is out of step with the development of democratic society and the market economy in these countries.

ii. Their present economic situation and the small size of the market do not allow advertising to play a major role in the financing of broadcasting.

iii. There are linguistic and minority realities.

iv. There is a lack of qualified professionals, especially at management level, to replace existing radio and television staff compromised by having subscribed to earlier ideologies.

v. Their equipment is obsolete or badly serviced.

vi. They lack outlets in Western Europe.

7. Aware of these problems, the Assembly believes it helpful to identify the following basic principles that parliaments throughout Europe should take into account when revising broadcasting legislation in a democratic society:

i. The role of a broadcasting system is to provide information, education and entertainment to as wide an audience as possible, in conformity with the principles of the free flow of information, freedom of expression and human rights.

ii. The information and education roles of broadcasting are those of a public service providing public goods. It should be recognised that under appropriate circumstances the function of public service broadcasting may be fulfilled by publicly or privately organised entities. It is for parliament to set objectives, to vote broadcasters the necessary funds to reach these objectives, and to verify that they are effectively attained. It is for the state or government to provide the means and mechanisms for executing these decisions and it is for the professionals to produce programmes that satisfy these requirements. Ideally, the audiovisual landscape should be mixed and include a public service sector, a commercial sector and a local or regional component.

iii. Market forces alone, however, cannot be relied upon to ensure public service broadcasting. Purely commercial and public service objectives are opposites: the former is to make money, and therefore the companies need programmes; the latter is to provide a service in the form of programmes, and therefore the broadcasters need money. Public service broadcasting should avoid direct competition for higher audience ratings to the detriment of programme quality.

iv. In the fulfilment of their aims, radio and television should be accountable to a body independent of broadcasting and of the government, where relevant regional, political, social and cultural currents of opinion are represented, and which is itself accountable (however indirectly) to parliament.

v. This body should ensure transparency in the ownership and management of broadcasting, and guard against harmful media concentrations.

vi. It should ensure pluralism at least at the level of the overall media landscape.

vii. It should also monitor programme standards. Guidelines or codes of conduct for presenting news, political views, violence, etc. should be drawn up in advance by parliament in concertation with broadcasters, reconciling broadcasters' rights to freedom of expression with the right of the public to receive information. Responsibility should replace censorship.

viii. Regional broadcasting has an important role to play within a national system, and in particular when it includes the right of minorities to express themselves. It should be protected in order to preserve regional identity and the cultural heritage, although the additional financial difficulties should not be overlooked.

ix. Broadcasters should be guaranteed independence whatever their sources of funding, and in particular by the diversification of these sources, including licence fees, advertising, subscriptions and the sale of services, and in addition direct state subsidies, if they are necessary, at national or regional level.

x. In an increasingly interactive media landscape it is useful to take account of the principles laid out in the European Convention on Transfrontier Television.

8. The Prague colloquy was a parliamentary contribution to a global approach in parallel with expert assistance provided by the Council of Europe at the intergovernmental level to the drafting of new legislation by Central and East European states. The Assembly therefore recommends that the Committee of Ministers give high priority to the continuation of this activity.

9. Co-operation, involving contacts and, where appropriate, exchanges, should indeed continue at all levels - parliamentary, governmental and professional - as new systems cannot be invented at a stroke and new ways of thinking need time to develop.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

FORTY-FOURTH ORDINARY SESSION

Resolution 1003 (1993)[20]

on the ethics of journalism

The Assembly affirms the following ethical principles for journalism and believes that they should be applied by the profession throughout Europe.

News and opinions

1. In addition to the legal rights and obligations set forth in the relevant legal norms, the media have an ethical responsibility towards citizens and society which must be underlined at the present time, when information and communication play a very important role in the formation of citizens' personal attitudes and the development of society and democratic life.

2. The journalist's profession comprises rights and obligations, freedoms and responsibilities.

3. The basic principle of any ethical consideration of journalism is that a clear distinction must be drawn between news and opinions, making it impossible to confuse them. News is information about facts and data, while opinions convey thoughts, ideas, beliefs or value judgments on the part of media companies, publishers or journalists.

4. News broadcasting should be based on truthfulness, ensured by the appropriate means of verification and proof, and impartiality in presentation, description and narration. Rumour must not be confused with news. News headlines and summaries must reflect as closely as possible the substance of the facts and data presented.

5. Expression of opinions may entail thoughts or comments on general ideas or remarks on news relating to actual events. Although opinions are necessarily subjective and therefore cannot and should not be made subject to the criterion of truthfulness, we must ensure that opinions are expressed honestly and ethically.

6. Opinions taking the form of comments on events or actions relating to individuals or institutions should not attempt to deny or conceal the reality of the facts or data.

The right to information as a fundamental human right -

Publishers, proprietors and journalists

7. The media's work is one of "mediation", providing an information service, and the rights which they own in connection with freedom of information depends on its addressees, that is the citizens.

8. Information is a fundamental right which has been highlighted by the case-law of the European Commission and Court of Human Rights relating to Article 10 of the European Convention on Human Rights and recognised under Article 9 of the European Convention on Transfrontier Television, as well as in all democratic constitutions. The owner of the right is the citizen, who also has the related right to demand that the information supplied by journalists be conveyed truthfully, in the case of news, and honestly, in the case of opinions, without outside interference by either the public authorities or the private sector.

9. The public authorities must not consider that they own information. The representativeness of such authorities provides the legal basis for efforts to guarantee and extend pluralism in the media and to ensure that the necessary conditions are created for exercising freedom of expression and the right to information and precluding censorship. Moreover, the Committee of Ministers is aware of this fact, as demonstrated by its Declaration on the Freedom of Expression and Information adopted on 29 April 1982.

10. When dealing with journalism it must be borne in mind that it relies on the media, which are part of a corporate structure within which a distinction must be made between publishers, proprietors and journalists. To that end, in addition to safeguarding the freedom of the media, freedom within the media must also be protected and internal pressures guarded against.

11. News organisations must consider themselves as special socio-economic agencies whose entrepreneurial objectives have to be limited by the conditions for providing access to a fundamental right.

12. News organisations must show transparency in matters of media ownership and management, enabling citizens to ascertain clearly the identity of proprietors and the extent of their economic interest in the media.

13. Inside the news organisation, publishers and journalists must co-exist, bearing in mind that the legitimate respect for publishers' and owners' ideological orientations is limited by the absolute requirements on truthful news reporting and ethical opinions. This is essential if we are to respect the citizens' fundamental right to information.

14. These requirements are such that we must reinforce the safeguards of the journalist's freedom of expression, for they must in the last instance operate as the ultimate sources of information. In this connection we must legally expand and clarify the nature of the conscience clause and professional secrecy vis-à-vis confidential sources, harmonising national provisions on this matter so that they can be implemented in the wider context of democratic Europe.

15. Neither publishers and proprietors nor journalists should consider that they own the news. News organisations must treat information not as a commodity but as a fundamental right of the citizen. To that end, the media should exploit neither the quality nor the substance of the news or opinions for purposes of boosting readership or audience figures in order to increase advertising revenue.

16. If we are to ensure that information is treated ethically, its target audience must be considered as individuals and not as a mass.

The function of journalism and its ethical activity

17. Information and communication as conveyed by journalism through the media, with powerful support from the new technologies, has decisive importance for the development of the individual and society. It is indispensable for democratic life, since if democracy is to develop fully it must guarantee citizens participation in public affairs. Suffice it to say that such participation would be impossible if the citizens were not in receipt of the information on public affairs which they need and which must be provided by the media.

18. The importance of information, especially radio and television news, for culture and education was highlighted in Assembly Recommendation 1067. Its effects on public opinion are obvious.

19. It would be wrong to infer from the importance of this role that the media actually represent public opinion or that they should replace the specific functions of the public authorities or institutions of an educational or cultural character such as schools.

20. This would amount to transforming the media and journalism into authorities or counter-authorities ("mediocracy"), even though they would not be representative of the citizens or subject to the same democratic controls as the public authorities, and would not possess the specialist knowledge of the corresponding cultural or educational institutions.

21. Therefore journalism should not alter truthful, impartial information or honest opinions, or exploit them for media purposes, in an attempt to create or shape public opinion, since its legitimacy rests on effective respect for the citizen's fundamental right to information as part of respect for democratic values. To that end, legitimate investigative journalism is limited by the veracity and honesty of information and opinions and is incompatible with journalistic campaigns conducted on the basis of previously adopted positions and special interests.

22. In journalism, information and opinions must respect the presumption of innocence, in particular in cases which are still sub judice, and must refrain from making judgments.

23. The right of individuals to privacy must be respected. Persons holding office in public life are entitled to protection for their privacy except in those cases where their private life may have an effect on their public life. The fact that a person holds a public post does not deprive him of the right to respect for his privacy.

24. The attempt to strike a balance between the right to respect for private life, enshrined in Article 8 of the European Convention on Human Rights, and the freedom of expression set forth in Article 10, is well documented in the recent case-law of the European Commission and Court of Human Rights.

25. In the journalist's profession the end does not justify the means; therefore information must be obtained by legal and ethical means.

26. At the request of the persons concerned, the news media must correct, automatically and speedily, and with all relevant information provided, any news item or opinion conveyed by them which is false or erroneous. National legislation should provide for appropriate sanctions and, where applicable, compensation.

27. In order to harmonise the application and exercise of this right in the member states of the Council of Europe, we must implement Resolution (74) 26 on the right of reply - Position of the individual in relation to the press, adopted by the Committee of Ministers on 2 July 1974, and also the relevant provisions of the European Convention on Transfrontier Television.

28. In order to ensure high-quality work and independence on the part of journalists, they must be guaranteed decent pay and proper working conditions and facilities.

29. In the relations which the journalist must maintain in the course of his duties with the public authorities or the various economic sectors, care should be taken to avoid any kind of connivance liable to affect the independence and impartiality of journalism.

30. In journalism, controversial or sensational items must not be confused with subjects on which it is important to provide information. The journalist must not exploit his duties for the principal purpose of acquiring prestige or personal influence.

31. In view of the complexity of the process of providing information, which is increasingly based on the use of new technologies, speed and conciseness, journalists must be required to have appropriate professional training.

Rules governing editorial staff

32. Within the newspaper business, publishers, proprietors and journalists must live side by side. To that end, rules must be drawn up for editorial staff in order to regulate professional relations between the journalists and the publishers and proprietors within the media, separately from the normal requirements of labour relations. Such rules might provide for the setting up of editorial boards.

Situations of conflict and cases of special protection

33. In society, situations of tension and conflict sometimes arise under the pressure of factors such as terrorism, discrimination against minorities, xenophobia or war. In such circumstances the media have a moral obligation to defend democratic values: respect for human dignity, solving problems by peaceful, tolerant means, and consequently to oppose violence and the language of hatred and confrontation and to reject all discrimination based on culture, sex or religion.

34. No-one should remain neutral vis-à-vis the defence of democratic values. To that end the media must play a major role in preventing tension and must encourage mutual understanding, tolerance and trust between the various communities in regions where conflict prevails, as the Secretary General of the Council of Europe has set out to do with her confidence-building measures in the former Yugoslavia.

35. Having regard to the very specific influence of the media, notably television, on the attitudes of children and young people, care must be taken not to broadcast programmes, messages or images glorifying violence, exploiting sex and consumerism or using deliberately unsuitable language.

Ethics and self-regulation in journalism

36. Having regard to the requisite conditions and basic principles enumerated above, the media must undertake to submit to firm ethical principles guaranteeing freedom of expression and the fundamental right of citizens to receive truthful information and honest opinions.

37. In order to supervise the implementation of these principles, self-regulatory bodies or mechanisms must be set up comprising publishers, journalists, media users' associations, experts from the academic world and judges; they will be responsible for issuing resolutions on respect for ethical precepts in journalism, with prior commitment on the part of the media to publish the relevant resolutions. This will help the citizen, who has the right to information, to pass either positive or negative judgment on the journalist's work and credibility.

38. The self-regulatory bodies or mechanisms, the media users' associations and the relevant university departments could publish each year the research done a posteriori on the truthfulness of the information broadcast by the media, comparing the news with the actual facts. This would serve as a barometer of credibility which citizens could use as a guide to the ethical standard achieved by each medium or each section of the media, or even each individual journalist. The relevant corrective mechanisms might simultaneously help improve the manner in which the profession of media journalism is pursued.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

FORTY-FOURTH ORDINARY SESSION

Recommendation 1215 (1993)[21]

on the ethics of journalism

1. The Assembly recalls its work in the field of the media, and in particular its Resolution 428 (1970) containing a declaration on mass communication media and human rights and its Recommendation 963 (1983) on cultural and educational means of reducing violence.

2. Further to the criticism of the role played by the media during the Gulf war, the Committee on Culture and Education organised a parliamentary hearing on the ethics of journalism in Helsinki on 26 June 1991, at which a number of concerns were expressed.

3. Since 1970 the Parliamentary Assembly, and also other institutions such as the European Parliament (Resolution of 16 September 1992 on media concentration and diversity of opinions), have been pressing for the elaboration of ethical codes for journalism. However, existing texts dealing with the matter have insufficient international scope and their practical effectiveness therefore remains very limited.

4. European citizens from the different Council of Europe member states increasingly share the same media facilities within a common European information area.

5. The Assembly consequently recommends that the Committee of Ministers:

i. ask governments of member states to see that legislation guarantees effectively the organisation of the public media in such a way as to ensure neutrality of information, plurality of opinions and gender balance, as well as a comparable right of reply to any individual citizen who has been the subject of an allegation;

ii. study, in co-operation with the competent non-governmental organisations such as the International Federation of Journalists (IFJ), the prospects for setting up, within the Council of Europe, a European mechanism for information verification, taking the form of a European media ombudsman, with sufficient international representativeness where possible drawn from, and having a mode of operation and function similar to, the corresponding national self-regulatory bodies or mechanisms;

iii. foster the setting up of citizens' media associations and encourage schools to provide media education;

iv. adopt a declaration on the ethics of journalism along the lines of Assembly Resolution 1003 (1993) and promote the implementation of these basic principles in the member states of the Council of Europe.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

1994 ORDINARY SESSION

Recommendation 1228 (1994) [22]

on cable networks and local television stations:

their importance for Greater Europe

1. The Parliamentary Assembly notes that the development of cable networks, satellite broadcasts and local television stations can foster democracy in the countries of central and eastern Europe.

2. It further observes the development under way in other countries, particularly in the United States, where closer links are being established among telephone and information companies and cable operators.

3. Having examined the situation of cable networks in Europe, the Parliamentary Assembly observes that the level of development of these networks differs from one country to another. Each country has its own problems, particularly on the technical front, but also in respect of legislation and management. Awareness of the importance of the technological, industrial, economic and cultural issues is necessary for the protection of European interests.

4. The Assembly has regard in this context to:

i. its Recommendation 1098 (1989) on east-west audiovisual co-operation;

ii. its Recommendation 1110 (1989) on distance teaching;

iii. its Resolution 937 (1990) on telecommunications: the implications for Europe;

iv. its Resolution 957 (1991) on the situation of local radio in Europe;

v. its Recommendation 1147 (1991) on parliamentary responsibility for the democratic reform of broadcasting;

and also to:

vi. the European Convention on Transfrontier Television (of 5 May 1989);

vii. Resolution 253 (1993) on the regional dimension of the European audiovisual area of the Standing Conference of Local and Regional Authorities of Europe (CLRAE).

5. The Assembly considers that the creation of the European Audiovisual Observatory - now a reality, as proposed by the Committee of Ministers in Resolution (92) 70 - responsible for collecting data on the various forms of communication, is an important step, since availability of legal, economic and programme-related information to professional circles will ensure a more open market.

6. The Assembly, therefore, requests the Committee of Ministers of the Council of Europe to invite the Steering Committee on the Mass Media (CDMM):

i. to carry out a survey of cable networks and local television stations in the countries of central and eastern Europe, which findings should assist, in particular, in:

a. support for the efforts of cable networks and local television stations in central and eastern Europe through the provision of production and post-production material in exchange for programmes;

b. the development of technological exchanges;

ii. to examine ways of encouraging public service broadcasters in central and east European countries to be attentive to the advantages to be gained from cable and other technologies;

iii. to work out proposals as to how the west European countries, in particular public broadcasters in the latter, can be encouraged to help public broadcasters in the central and east European countries to equip themselves with these new technologies ;

iv. to set up its own special structure with the following terms of reference:

a. helping the countries of central and eastern Europe to frame their national legislation on copyright and neighbouring rights, considering that the introduction in each country of structures for collecting and distributing the royalties accruing from these rights would boost the creation of national or local productions and develop employment in this sector;

b. ensuring that national legislation embody protection of certain individual rights and compliance with programming standards, particularly in respect of advertising and identification of sponsors;

v. to step up its training programmes for professionals in the fields of management, programming, production, technology and ethics of journalism, particularly by means of courses and seminars in western Europe on such subjects as exchanges of technology and programmes and the organisation of co-productions (on the Eurimages model);

7. The Assembly recommends that the Committee of Ministers:

i. speed up its work as regards the opening for signature of the draft European convention relating to questions of copyright law and neighbouring rights;

ii. examine the specific problems of local and regional television services in central and eastern Europe as key elements in the strengthening of democracy. The proposal in CLRAE Resolution 253 for establishing an "observatory or network of regional television services" should be considered in the framework of the European Audiovisual Observatory which has been operating since 1 August 1993.

8. The Assembly also requests the Committee of Ministers to invite the governments of member states:

i. to support the audiovisual products of the countries of central and eastern Europe by making a set of concrete proposals concerning the purchase of rights and the copying and subtitling of audiovisual products, and by upholding the principle of lowering the cost of communication and broadcasting by satellite;

ii. to facilitate the use of cable networks as an ideal vehicle and a natural extension of education and vocational training, whose economic viability could be secured with only a limited number of viewers. A list of training products might be included in an international catalogue;

iii. to promote the creation of integrated television, communications and information structures in order to ensure that the facilities provided achieve immediate profitability and to avoid the creation of parallel networks;

iv. to invest in the production of advanced technologies, such as digital systems and optical fibre cables.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

1995 SESSION

Recommendation 1276 (1995)[23]

on the power of the visual image

1. We are increasingly surrounded and influenced by images: photography and cinema, but also television, video and computers. Visual images are becoming increasingly powerful. So powerful is this surge in visual imagery that we are now confronted with the concept of "virtual reality" with the further risks of manipulation of images portraying news and information that it entails.

2. Technology is evolving quickly and visual images cross borders unhindered. The proliferation of satellites, cable and video games, and the developments in digital or interactive television, virtual images, new television advertising techniques and electronic communication superhighways are such that "the rules of the game" have to be reviewed. Even if responsibilities remain the same, supervising the respect of such responsibilities becomes increasingly problematic.

3. Visual images record reality but they also convey stereotypes. In some cases images undermine written messages and are used to by-pass advertising regulations. Most people do not know how to "read" visual images and this can lead to misinterpretation and manipulation. However real they may seem, images should not be taken for reality.

4. In central and eastern Europe people were brainwashed and manipulated by visual images for a very long time. Today the simplistic notion that all that was censored during the communist period, including violence and pornography, was what came from the West (and therefore was good), is still very much alive.

5. The instant availability of pictures from all over the planet plays an important role in changing the way in which people watch television. On the one hand we are led to believe that we are watching "history in the making"; on the other hand, the relative importance of events is imposed on us. Such availability often influences editorial judgements on what should constitute a news bulletin and determines the order of priority.

6. One of the major influences in the nature of television programming has been the substantial increase in television channels which developed as a result of specific legislative initiatives during the 1980s and subsequently. With the increase of television stations competing for the same sources of funds it was inevitable that many tended to cater to the lowest common denominator.

7. Society has been active in teaching children how to read and write, in fighting illiteracy, but interpreting visual images is also part of literacy and this continues to be mainly overlooked. Most of us still believe in the images we see, for instance in news bulletins. On the other hand, television screens have become the "electronic baby-sitters" of today: too many children spend too much time in front of them.

8. Questions of society such as the absence of a family environment and the increase in violence, together with increasing evidence that, under certain circumstances, a direct relation may exist between viewing violence and acting violently, prompts the call for tighter controls over violence on television screens and to a better protection for children against such violence.

9. Twelve years after adopting Recommendation 963 (1983) on cultural and educational means of reducing violence, the Assembly reaffirms its concern at the increasing tendency towards emphasis on violence in the media, and in particular on its portrayal in the visual media: television, video, film, advertising, photography and computer programmes. The problems identified then have since gained in acuteness and most of what was recommended is still topical, and much more urgent.

10. Freedom of expression, a fundamental human right enshrined in Article 10 of the European Convention on Human Rights, should be ensured together with the responsibility it carries. In certain instances the limitation of freedom of expression can be justified in terms of its reconciliation with the need to protect other rights and freedoms, with special reference to children.

11. The Assembly would therefore propose the following set of basic principles and recommends that the Committee of Ministers take them into account when policy-making in the field of visual image or when advising member governments about such policy-making:

i. self-regulation and adoption of codes of conduct by television programme makers, news editors, film makers and makers and distributers of video films, video games and computer programmes should be strongly emphasised, subject only to national laws on privacy where appropriate;

ii. visual literacy and media awareness should be promoted from the earliest possible stages of school education;

iii. teacher training for visual literacy and media awareness should be promoted at all levels of school education;

iv. emphasis should be put on the responsibility of homes and parents for television programmes watched by their children; television must not take the place of parents or diminish the time that ought to be spent assisting their children's development;

v. research should be developed on possible links between violence on the screen and violent behaviour;

vi. professionals should be made more aware of the influence of their work on viewers and the public in general and especially with the development of new technologies (from subliminal advertising to virtual reality);

vii. the creation of associations of viewers, readers and consumers in general should be encouraged and complaint systems should be set up wherever they do not yet exist;

viii. the funding of public service television should be given an appropriate and secure framework in order to enable it to offer an alternative of high quality programmes without recourse to commercial sources;

ix. an evening time threshold before which scenes of sex or violence may not be transmitted on television should be implemented either by self-regulation and codes of conduct or by licence conditions;

x. means should be found to encourage high quality television programme production in Europe;

xi. the above-mentioned measures should be co-ordinated on as broad a European level as possible.

12. The Assembly also asks the Committee of Ministers to follow-up the implementation of measures to counteract violence on television (in close co-operation with broadcasters) and of educational measures in the field of media awareness.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

1995 SESSION

Recommendation 1277 (1995)[24]

on migrants, ethnic minorities and media

1. Immigration and the presence of ethnic minorities are integral parts of the European identity. Large communities of immigrant origin have now settled permanently in our societies and contribute to their wealth and diversity.

2. Media presentation of subjects connected with immigrants and ethnic minorities has a significant influence on public opinion. Although the media constitute an important means of combating racist and xenophobic views, prejudices and preconceived ideas, they can also have a role in the emergence or strengthening of such views.

3. Migrants and ethnic minorities are entitled to be portrayed comprehensively and impartially in the media. This is a pre-condition if all citizens are to take a more rational view of immigration and multi-culturalism and accept persons of immigrant origin or members of ethnic minorities as their equals. An objective image can primarily be achieved through a responsible approach by media professionals and improved media access for migrants and ethnic minorities on all levels. The Assembly considers it of prime importance that the media and the competent authorities should do their utmost to attain these objectives.

4. The media are also an important means of informing migrants about their host country, its culture and its language and contribute to forging links between them and the host society. They likewise allow migrants to keep in touch with their country of origin and give them a means of expression and of communication with members of their community.

5. The Assembly therefore recommends that the Committee of Ministers:

i. through the relevant bodies of the Council of Europe, encourage media professionals' associations to prepare, in so far as they have not already done so, codes of conduct laying down the ethical principles that should guide the work of these professionals;

ii. provide institutional and financial backing for the creation of a pan-European prize to be awarded annually to media professionals or organs which have distinguished themselves in the fight against intolerance and racism, for example by giving an objective and balanced picture of migrants or ethnic minorities;

iii. instruct the European Committee against Racism and Intolerance (ECRI) to pay particular attention to member states' legislation and policy for combating racism and intolerance in the media;

iv. invite the member states:

a. to enforce vigorously the legislation prohibiting incitement to racism and fascism in the media or, where necessary, to enact or reinforce such legislation;

b. to further the education and labour market access of persons belonging to immigrant communities or ethnic minorities;

c. to establish, in co-operation with the media industry, teaching and training programmes designed for persons of immigrant origin or belonging to ethnic minorities so as to give them a genuine chance of a career in the various media sectors;

d. to encourage the organisation of seminars and training courses for media professionals on the subject of intercultural education, and the teaching, in journalism schools, of questions of ethics relating to the problem of intolerance;

e. to evaluate the quality of media output on migrant and ethnic-minority matters from time to time and award prizes to outstanding examples of media coverage of this area;

f. to encourage both public and private media to play a responsible role in combating racism and xenophobia through objective coverage of migrant and ethnic minority issues and the provision of opportunities for the balanced involvement of representatives of migrant and ethnic communities in mainstream radio and television programmes;

g. to ensure that official public relations services provide full, unbiased information on subjects connected with migrants and ethnic minorities;

h. to assist the production and broadcasting of programmes on intercommunity relations and immigration, including programmes in migrants' own languages;

i. to encourage action by local media to improve migrant integration into, and participation in the local community;

j. to promote, through the Eurimages Fund and the European Convention on Cinematographic Co-Production, the co-production of films with producers from immigrant communities' countries of origin, including films dealing with migrants and ethnic minorities;

k. to ratify, if this has not already been done, the European Convention on Transfrontier Television.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

1997 ORDINARY SESSION

Resolution 1120 (1997)[25]

on the impact of the new communication and

information technologies on democracy

1. In view of the technical, political and cultural changes currently under way, the Assembly feels it should help to identify the opportunities opened up by the new communication and information technologies (NCITs) for meeting the needs of our societies more fully. The developments and applications of the NCITs should afford real social benefit. They must serve the promotion of freedoms, foster the self-fulfilment of citizens and their more effective participation in public affairs, stimulate economic development and employment, facilitate social and cultural progress and advance education and the acquisition of knowledge. They must be harnessed to the interests of man, social progress, democracy and peace.

2. The Assembly wishes to stress the positive challenges of the development of the new communication and information technologies. These open up huge possibilities, for instance in the field of education, and can also play an important role in the promotion of democracy as they make it possible for contacts and the exchange of ideas without censorship by undemocratic authorities.

3. In this context, the Assembly considers it essential:

i. to find ways of averting the following risks: a reduction in political choice, the manipulation of consciences, the commercialisation and fragmentation of political messages, a surfeit of opinion polls, the marginalisation of parliamentary procedures, social discrimination, the monitoring of citizens and the drift towards an instantaneous but devalued form of democracy;

ii. to take account of the new prospects offered by the NCITs for developing interactivity as a remedy for the passiveness characterising those who merely observe events. The NCITs provide an opportunity to create a new type of two-way communication and develop a new concept, "electronic citizenship";

iii. to decide what belongs in the public sphere and what should be subjected to market forces.

4. Consequently, the Assembly calls upon national parliaments to promote policies which take account of the following requirements:

i. at the legal level:

a. taking legislative action in order to ensure the most effective use of these technologies for the benefit of the public and to reconcile technological progress with respect for democratic principles and human rights;

b. avoiding the introduction of complex and unworkable rules which would hamper the evolution and development of the NCITs necessary for the common good. Whenever it is necessary to regulate, the proportionality principle must be applied so as to strike a proper balance between the measures taken and the objectives pursued, between respect for freedoms, the protection of privacy and the fight against crime;

ii. at the political level:

a. organising training in the NCITs from the earliest age in the public and private education system. The necessary funds should be made available to ensure that the public sector has all the appropriate resources. This is a prerequisite of equal opportunity for all citizens, regardless of their social status;

b. providing universally accessible and affordable computer facilities that cover all the possibilities offered by national and international networks;

c. endowing national parliaments and decentralised authorities with the equipment needed for developing consultations between elected representatives and citizens, thereby ensuring increased participation by the latter in political decision-making;

d. promoting appropriate national legislative measures so as to set a legal framework for the preservation of private data, the protection of young people and respect for ethical rules and human rights;

e. ensuring respect for the confidentiality of automated private and personal data, in particular by applying the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) and Committee of Ministers Resolutions Nos. (73) 22 and (74) 29 on protection of the privacy of individuals vis-à-vis electronic data banks, Recommendation No. R (94) 13 on measures to promote media transparency, and Recommendation No. R (95) 4 on the protection of personal data in the area of telecommunication services, with particular reference to telephone services.

5. The Assembly also requests national parliaments to inform it annually of any steps taken or being prepared in connection with the various situations created by the NCITs, so that they may be presented and discussed at interparliamentary conferences organised by the Committee on Parliamentary and Public Relations.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

1997 ORDINARY SESSION

Recommendation 1332 (1997)[26]

on the scientific and technical aspects

of the new information and communications technologies

1. The Parliamentary Assembly, aware of the challenge posed to society by the extremely rapid development of the new information and communication technologies, has addressed various aspects of this matter on numerous occasions. It is aware that changes in this field succeed one another at a phenomenal rate and that therefore any ad hoc approach may well become obsolete before its effects are even felt.

2. It considers that the changes brought about by the new information and communication technologies will affect almost all areas of society and will have social, economic, cultural, ethical, legal and other consequences. The main fields of application of the new information and communication technologies include education and training, health and the ageing population, public authorities, the environment and transport.

3. It recalls Recommendation 1324 (1997) on the contribution of the Parliamentary Assembly to the 2nd Summit of Heads of State and Government of the Council of Europe, which asks the summit to decide that the Council of Europe’s legal instruments be reviewed and that, where appropriate, new legal instruments (conventions) be drafted in the light of the development of the new information and communication technologies and its consequences for European society.

4. It considers that finding answers to the scientific and technological questions covered in the present recommendation would be a necessary step towards solving other problems posed by the new information and communication technologies.

5. To help bridge the gap between the extent of development of the new information and communication technologies and society’s readiness for them, the Assembly recommends that the Committee of Ministers:

i. analyse its work programme, taking into account the changes brought about by the new information and communication technologies in all fields of its activity;

ii. support and reinforce the work of the European Ministerial Conference on Mass Media Policy, which is to hold its fifth meeting in Thessaloníki on 11 and 12 December 1997, in particular with regard to the new information and communication technologies, human rights and democratic values, as well as efforts to harmonise the relevant legislation in Europe and at international level;

iii. invite governments of Council of Europe member states and the European Union to pursue, in co-operation with private companies, research institutes and non-governmental organisations, their scientific and technological efforts by implementing, inter alia, the following measures:

a. developing and adapting technologies to facilitate the development of teleworking, including for senior citizens and people with disabilities, while at the same time introducing regulations which, inter alia, will help avoid the isolation of workers;

b. developing computerised medical systems and telemedicine systems;

c. developing technological solutions that will allow the general public and companies to have electronic access to public services;

d. developing telematic systems for the monitoring and analysis of environmental data;

e. developing advanced telematic systems for the field of transport;

f. facilitating the installation of the hardware necessary to use the new information and communications technologies in all education and training institutions;

g. encouraging the development of multimedia applications and new teaching methods based on simulation and virtual reality at all levels of the education and training system, including aspects relating to cultural and linguistic diversity;

h. facilitating general access to all services created by the new information and communication technologies, for example by fiscal measures, and encouraging in particular the development of interactive multimedia services;

i. fostering interoperability between networks by stepping up international co-operation in the field of standardisation and particularly by encouraging the International Telecommunications Union to continue its work in this area;

j. encouraging and investing in the development of digital technologies and high-speed networks and in new direct transcontinental links, particularly to the United States;

k. assisting with the setting up of hardware and software manufacturing companies in all European countries and especially in countries in transition - which have a highly skilled workforce available at competitive rates - while supporting the development of communication-system infrastructures, emphasising their digitisation;

l. developing a specific privacy technology, particularly by encouraging more intensive research in information cryptography in order to provide a satisfactory level of security for data transmitted on the network, which will encourage the development of electronic trade and the security of all other personal information;

m. promoting the key technologies of the information society, which include communication and network technologies, software and system technologies, mobile communication technologies, including the use of satellites, interfaces using different means of expression (for example voice) and microelectronics;

n. gearing the development of generic technologies and basic research towards real-time, large-scale simulation and visualisation technologies, virtual-presence technologies, technologies for the creation of very high-performance computers and super-intelligent networks, and the creation of advanced high-speed networks for research;

o. supporting the development of filtering technologies which, combined with the adaptation of current legislation for conventional communication systems, will encourage the self-regulation of network operators at international level;

p. maintaining or setting up - and supporting the funding of - national research centres for communication and information systems, especially as liberalisation is likely to reduce the efforts devoted to research by telecommunications operators, and paying particular attention to compliance with standards set by the scientific patents system;

q. encouraging through every possible means, including financial, the creation of virtual centres of scientific research providing electronic access to sophisticated and expensive research equipment;

r. monitoring in particular the implementation of their scientific and technological policies so that these policies do not harm democratic values in Europe, but instead consolidate their development.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

1997 ORDINARY SESSION

Resolution 1142 (1997)[27]

on parliaments and the media

1. The Assembly is aware of the difficulties that the parliamentary institution faces in preserving its position as the cornerstone of democracy. The citizens in most European countries do not feel involved enough, or at all, in the ongoing debates in their parliaments and are not aware of their agendas or activities.

2. Communication is vital for bridging the gap between elected representatives and citizens. Parliaments should therefore promote better co-operation with the media, in order to enhance public dialogue with the citizens.

3. However, for reasons of profitability, most mass media follow certain criteria, driven, for example, by the need to entertain or to focus on spectacular events, which makes it difficult for parliamentary activities to gain media coverage.

4. Moreover, the lesser ability of parliaments in numerous European countries to take the initiative and make policy decisions as compared with governments causes the media to neglect parliaments in favour of governments, resulting in a loss of credibility for those parliaments.

5. By the very nature of their work, parliaments cannot react to events with the same promptness as governments. Nor are the lengthy parliamentary procedures, which are essential for the careful scrutiny of bills, in keeping with the faster dissemination of news through modern communications technologies.

6. The role of parliaments as central political fora for debates has been weakened in recent years. This is because the media promote short and unconventional debates and comments.

7. The media landscape is highly complex. Alongside the sensationalist media which jeopardise the development of a constructive public dialogue, quality newspapers and magazines and serious public radio and television services continue objectively to cover a wide range of news, including parliamentary news. They ensure that high standards are maintained by meeting, as best they can, the basic aims of the media: to inform, to comment, means with which to develop critical judgement.

8. However, their emphasis on quality can be undermined by market forces, and media diversity, so necessary to the proper functioning of democracy, finds itself challenged. Parliaments should therefore consider measures aimed at preserving the role of quality media.

9. Without adaptation to modern communication methods, parliaments could easily see their activity overtaken by other mediators using new means of expression for the will of the people. Therefore, parliaments need to keep up with the realities of a global communication society.

10. Extensive use of the new information technologies should therefore be considered as an important "ingredient" of the policy pursued by parliamentary communication services in the interests of public debate. This requires, however, high levels of investment that cannot immediately be borne by all parliaments.

11. The Assembly invites national parliaments to urgently consider measures aimed at:

i. ensuring greater openness of parliamentary work, including committee meetings, and to consider this question not only as a matter of communication policy but also as an important political priority with direct implications for the functioning of democracy;

ii. making better use of classic communication methods and new information technologies, in particular:

a. by providing the best possible working conditions for the media and especially for parliamentary correspondents;

b. by ensuring the speedy dissemination of information about debates, inter alia, by rapidly publishing the minutes and verbatim reports of proceedings;

c. by creating on-line services for direct electronic communication with the public and with journalists;

d. by providing full access to parliamentary documents, so that public debate can be encouraged before the vote on a bill;

iii. taking advantage of the advice of experts in communication;

iv. making legal texts more accessible to non-specialist readers;

v. taking the necessary steps to place themselves more in focus for political debate identifying, for instance, areas in which procedures can be streamlined to speed up decision making;

vi. encouraging, within information and communication services, the assembly of information packs presenting laws and describing their specific features for the journalistic and professional circles most closely concerned;

vii. organising seminars for journalists on parliamentary work with a view to familiarising them with legislative procedures and parliamentary proceedings and to improving their knowledge on relations between parliaments and international institutions. Journalists from local and regional newspapers and magazines should receive special attention;

viii. creating communication networks on the Internet, enabling citizens to communicate interactively with both parliamentarians and parliamentary information services;

ix. devising means of encouraging the creation of independent television channels devoted to parliamentary work, as is the case in several European countries, in the United States and in Canada;

x. assisting, through fiscal or other means, those media which strive to provide high‑quality news on a fully independent basis and which are threatened with extinction by market forces.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

Resolution 1165 (1998)[28]

Right to privacy

1. The Assembly recalls the current affairs debate it held on the right to privacy during its September 1997 session, a few weeks after the accident which cost the Princess of Wales her life.

2. On that occasion, some people called for the protection of privacy, and in particular that of public figures, to be reinforced at the European level by means of a convention, while others believed that privacy was sufficiently protected by national legislation and the European Convention on Human Rights, and that freedom of expression should not be jeopardised.

3. In order to explore the matter further, the Committee on Legal Affairs and Human Rights organised a hearing in Paris on 16 December 1997 with the participation of public figures or their representatives and the media.

4. The right to privacy, guaranteed by Article 8 of the European Convention on Human Rights, has already been defined by the Assembly in the declaration on mass communication media and human rights, contained within Resolution 428 (1970), as "the right to live one’s own life with a minimum of interference".

5. In view of the new communication technologies which make it possible to store and use personal data, the right to control one’s own data should be added to this definition.

6. The Assembly is aware that personal privacy is often invaded, even in countries with specific legislation to protect it, as people’s private lives have become a highly lucrative commodity for certain sectors of the media. The victims are essentially public figures, since details of their private lives serve as a stimulus to sales. At the same time, public figures must recognise that the special position they occupy in society - in many cases by choice - automatically entails increased pressure on their privacy.

7. Public figures are persons holding public office and/or using public resources and, more broadly speaking, all those who play a role in public life, whether in politics, the economy, the arts, the social sphere, sport or in any other domain.

8. It is often in the name of a one-sided interpretation of the right to freedom of expression, which is guaranteed in Article 10 of the European Convention on Human Rights, that the media invade people’s privacy, claiming that their readers are entitled to know everything about public figures.

9. Certain facts relating to the private lives of public figures, particularly politicians, may indeed be of interest to citizens, and it may therefore be legitimate for readers, who are also voters, to be informed of those facts.

10. It is therefore necessary to find a way of balancing the exercise of two fundamental rights, both of which are guaranteed by the European Convention on Human Rights: the right to respect for one’s private life and the right to freedom of expression.

11. The Assembly reaffirms the importance of every person’s right to privacy, and of the right to freedom of expression, as fundamental to a democratic society. These rights are neither absolute nor in any hierarchical order, since they are of equal value.

12. However, the Assembly points out that the right to privacy afforded by Article 8 of the European Convention on Human Rights should not only protect an individual against interference by public authorities, but also against interference by private persons or institutions, including the mass media.

13. The Assembly believes that, since all member states have now ratified the European Convention on Human Rights, and since many systems of national legislation comprise provisions guaranteeing this protection, there is no need to propose that a new convention guaranteeing the right to privacy should be adopted.

14. The Assembly calls upon the governments of the member states to pass legislation, if no such legislation yet exists, guaranteeing the right to privacy containing the following guidelines, or if such legislation already exists, to supplement it with these guidelines:

i. the possibility of taking an action under civil law should be guaranteed, to enable a victim to claim possible damages for invasion of privacy;

ii. editors and journalists should be rendered liable for invasions of privacy by their publications, as they are for libel;

iii. when editors have published information that proves to be false, they should be required to publish equally prominent corrections at the request of those concerned;

iv. economic penalties should be envisaged for publishing groups which systematically invade people’s privacy;

v. following or chasing persons to photograph, film or record them, in such a manner that they are prevented from enjoying the normal peace and quiet they expect in their private lives or even such that they are caused actual physical harm, should be prohibited;

vi. a civil action (private lawsuit) by the victim should be allowed against a photographer or a person directly involved, where paparazzi have trespassed or used "visual or auditory enhancement devices" to capture recordings that they otherwise could not have captured without trespassing;

vii. provision should be made for anyone who knows that information or images relating to his or her private life are about to be disseminated to initiate emergency judicial proceedings, such as summary applications for an interim order or an injunction postponing the dissemination of the information, subject to an assessment by the court as to the merits of the claim of an invasion of privacy;

viii. the media should be encouraged to create their own guidelines for publication and to set up an institute with which an individual can lodge complaints of invasion of privacy and demand that a rectification be published.

15. It invites those governments which have not yet done so to ratify without delay the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.

16. The Assembly also calls upon the governments of the member states to:

i. encourage the professional bodies that represent journalists to draw up certain criteria for entry to the profession, as well as standards for self-regulation and a code of journalistic conduct;

ii. promote the inclusion in journalism training programmes of a course in law, highlighting the importance of the right to privacy vis-à-vis society as a whole;

iii. foster the development of media education on a wider scale, as part of education about human rights and responsibilities, in order to raise media users’ awareness of what the right to privacy necessarily entails;

iv. facilitate access to the courts and simplify the legal procedures relating to press offences, in order to ensure that victims’ rights are better protected.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

Resolution 1191 (1999)[29]

Information society and a digital world

(Extract from the Official Gazette of the Council of Europe – May 1999)

1. The Parliamentary Assembly draws attention to the growing importance of the information society and digital world that are being created by the rapidly developing information and communication technologies.

2. The establishment of a proper balance between the various components of the digital world is the main challenge to be met for the democratic development of the information society.

3. Given the complex relationships between the expanding digital world and the emerging information society, it is important to ensure improvement in the quality of the information and communication technologies, while pursuing the aim of increased well-being for citizens.

4. Consequently, the Assembly, recalling its Recommendation 1332 (1997) on the scientific and technical aspects of the new information and communication technologies, calls on member governments and the European Union to:

i. establish European education networks using the existing Web infrastructure and, where feasible, the method of virtual classes to educate people quickly on the most recent developments in the digital world;

ii. make sure that access to such networks will be open to all, if necessary by the introduction of fiscal or other relevant measures;

iii. assess, in close co-operation with industry, professional associations and cultural organisations, the feasibility of promoting, through appropriate measures, systems of networking between simple individual terminals and shared, reliable computers with a powerful processing capacity;

iv. facilitate technological developments favourable to the expansion of electronic commerce;

v. support the development and the deployment of broad-band communication channels (including wire-less communication);

vi. ensure the interoperability of digital libraries, in order to maintain diversity and unconstrained access to the cultural and scientific heritage of nations across borders, and across linguistic or cultural barriers;

vii. improve continuously the legal and organisational framework of virtual enterprises and define procedures for managing and operating them, thus fostering the creation of new opportunities for economic growth and employment;

viii. give support to interdisciplinary teams of specialists, working to improve intelligent data handling systems (recommended systems);

ix. study the use of new information and communication technologies as part of the promotion of electronic democracy through improved direct contacts between voters and their elected representatives;

x. pass laws and make intensive studies on reforming law enforcement agencies, in order to check the inevitable flood of information technology crimes, while, at the same time, encouraging the use of the new information and communication technologies, and promote ethics and codes of good conduct;

xi. support, in co-operation with industry, research on such issues as data security, digital signatures, "watermarking" of digital information to trace copyright violations and coding to protect against obscene and offensive materials;

xii. encourage data retrieval and storage ("warehousing") to gather information present in the digital world, and needed for the identification of various complex multi-dimensional relationships (natural disasters, social transformations, etc.);

xiii. encourage research and development of strategies for preventing, locating, eliminating and/or tolerating possible faults occurring in various components of the digital world;

xiv. work out scenarios and procedures for coping with crises resulting from impending faults, of which the most imminent manifestation is the millennium bug;

xv. review the status of preparations for the millennium bug, and in particular, consider individual responsibilities at various levels and create crisis units to handle emergencies should they appear;

xvi. support research and development in non-technical disciplines concerning the digital world and the information society such as new economics resulting from the changed nature of work, new paradigms of educational, ethical, sociological and philosophical issues resulting from the changing style of human life;

xvii. promote the establishment of standards for collaborative computing, with particular emphasis on those standards related to the end-user interface, administrative procedures, communication media and protocols.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

Recommendation 1407 (1999)[30]

Media and democratic culture

(Extract from the Official Gazette of the Council of Europe- April 1999)

1. The Assembly stresses that the media are vital for the creation and the development of a democratic culture in any country. They provide people with information which influences the process of shaping opinions and attitudes and of making political choices.

2. Therefore, the media must be free, pluralistic and independent, and at the same time socially accountable. These are also the conditions for establishing widespread credibility. The Assembly recalls, in this respect, its Resolution 1003 (1993) on the ethics of journalism.

3. Free media cannot thrive in an undemocratic country. It is therefore the role of politicians to ensure that the political and legal conditions are met so as to enable, on the one hand, media to perform freely and, on the other, to guarantee individual freedoms and other fundamental human rights.

4. Sheer quantity of information, especially in a situation of strong media concentration, does not by itself provide variety and quality. Neither does intensification of communication necessarily make people more able and better qualified to take decisions or to influence decision-making processes.

5. The media situation in Europe varies from one country to another, depending on cultural traditions, economic might, the strength of democratic institutions and the level of professionalism. However, with the opening up of practically all the countries of the continent, with the intensification of co-operation and integration between them and with the emergence of new information technologies, the media are increasingly facing the same sort of problems. These problems require the same sort of co-ordinated approaches.

6. Media independence remains one of the most difficult issues. Even where democratic traditions are deeply entrenched, the right to voice both facts and opinions is sometimes limited. Methods vary from the mild hindering of access to information, through state monopolies on paper or on distribution, refusal to grant radio and TV licences (or imposing excessive restrictions on them) and legal prosecution, to closing down newspapers, television and radio stations, physical intimidation and violence.

7. The delicate relationship between freedom of expression and the citizen’s right to objective, undistorted information is another chronically difficult issue. The media can still be used as an instrument for settling scores, both political and personal. The increasing commercialisation and competition in the media sector pushes even serious media towards "standardisation" and sensationalism, preference for "infotainment" and an excessive emphasis on crime and violence.

8. Public service broadcasting (which should not be confused with state owned media) has traditionally been considered as a guarantee that all segments of the public, including minority groups, are provided with programmes that are impartial and varied, free of government or partisan interference, comprising information, education, culture and entertainment. In reality, though, it is often subject to political and economic pressures and to increasing competition from commercial broadcasting, which is becoming cheaper and more readily available due to the new information technologies.

9. Bearing in mind that the democratic culture of a society cannot be imposed but that conscious and sustainable efforts are necessary to develop it so that it can respond appropriately to new challenges, the Assembly recommends that the Committee of Ministers:

i. monitor closely the state of freedom of the press in European member and non-member countries, so as to:

a. exert moral and political pressure upon governments which violate freedom of expression;

b. defend and protect journalists who are victims of such violations.

ii. develop further its assistance and co-operation programmes for the reform of media legislation, in particular:

a. the drafting of clear guidelines for public access to information and the functioning of government press services, and ensuring that those guidelines are followed at all levels;

b. the elaboration of guidelines concerning the right to privacy and the disclosure of information about holders of political or public office, following the proposals in Assembly Resolution 1165 (1998) on the right to privacy;

c. methodological and practical assistance to member and non-member countries which may need it in ensuring fair coverage by the media during election campaigns;

iii. ensure the application of legislation and rules for the protection of freedom of expression and of other fundamental human rights, including the rights of children, in accordance with the principles of the Council of Europe, in particular Article 10 of the European Convention on Human Rights;

iv. enhance the media aspects of its programmes on education for democratic citizenship and on the development and consolidation of democratic stability;

v. continue its assistance in developing public service broadcasting in central and eastern Europe along the lines of its Recommendation No. R (96) 10 and carry on monitoring developments in this sector Europe-wide;

vi. encourage the development of self-regulatory mechanisms in the media, for instance by collecting examples of good practice and raising awareness of them, and establish a special framework for information on regulation and self-regulation concerning new communications and information services;

vii. pay greater attention to the question of media independence in the context of market competition and globalisation, namely by:

a. considering ways of ensuring editorial independence in countries where the economic conditions do not allow media enterprises to function independently;

b. carrying on work on media concentrations, providing practical assistance to member countries along the lines of its relevant recommendations and placing emphasis on questions of transparency concerning ownership and funding;

viii. foster education on the media and by the media, for example by encouraging the appropriate authorities in member states to:

a. provide educational and training opportunities for journalists aiming at the highest standards of professionalism and ethical conduct;

b. develop media (traditional and electronic) literacy as part of school curricula along the lines set out in Recommendation 1276 (1995) on the power of the visual image, for instance by acquainting students with codes of conduct for journalists and by encouraging the making of school newspapers and broadcasts in co-operation with professional journalists;

ix. ensure better co-ordination between the different Council of Europe bodies involved in co-operation and assistance programmes in the media field and step up co-operation with media associations, independent bodies such as press complaints commissions and other relevant non-governmental organisations, including those organised by and speaking for media consumers;

x. promote better co-operation and complementarity between the media programmes of international organisations, in particular the European Union, Unesco and the OSCE.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

Recommendation 1466 (2000)[31]

Media education

1. With the advent of the information society, the individual of today lives immersed in a world of media messages. Seemingly, there are no limits to the amount of information available.

2. However, new challenges are arising. Firstly, the new media offer countless sources of information and in an unprecedented way allow anyone to send messages out into the public space. It is becoming increasingly difficult to orient oneself in the huge mass of information. Problems derive not merely from the sheer mass, but from the very nature of communications. Media reality is not the "real" reality. But, in a world dominated by media culture, the boundaries between fact and fiction often become blurred.

3. For many children and young people, modern media and especially the Internet are more than just a means of learning about the world. They are their world, their "virtual reality", where everything, the best and the worst, can be done and undone. Young people often are much more eager than adults to handle new technologies and are more at ease with them, whilst their discerning capacities and their ability to make value-based judgements are not yet well developed.

4. Teachers and parents are often helpless when trying to reconcile their own living and professional experience with the media experience of their children. Many adults find it increasingly difficult to cope with the pervasive change brought about by modern communications.

5. On a broader scale, the media, by their nature, are capable of influencing attitudes and behaviour in society. There is enough evidence in Europe that free and independent media are a real power in promoting democratic change, while in the hands of totalitarian forces they can become tools for inciting ethnic hatred and imposing stereotypes. It is also often claimed that there is a strong link between the increase in violence in society and the violent images conveyed by television, the Internet or computer games.

6. Globalisation and media convergence, along with all the formidable possibilities that they offer, also give rise to new concerns: the overflow of information; uniformisation caused by the unequivocal dominance of one language and one culture over the new media; and increasing commercialisation. There is also a serious risk of a new form of social exclusion for those who cannot communicate through the media and/or are unable to assess its content critically.

7. European democracies have many tools at their disposal to respond to the challenges posed by this changing society. The present situation, however, shows that there is an urgent need also to develop more decisive and radical educational measures promoting active, critical and discerning use of the media: in other words, developing media education.

8. Media education can be defined as teaching practices which aim to develop media competence, understood as a critical and discerning attitude towards the media in order to form well-balanced citizens, capable of making their own judgements on the basis of the available information. It enables them to access the necessary information, to analyse it and be able to identify the economic, political, social and/or cultural interests that lie behind it. Media education teaches individuals to interpret and produce messages, to select the most appropriate media for communicating and, eventually, to have a greater say in the media offer and output.

9. Media education allows people to exercise their right to freedom of expression and right to information. It is not only beneficial for their personal development, but also enhances participation and interactivity in society. In this sense it prepares them for democratic citizenship and political awareness.

10. Although media education is part of the curriculum in several European countries, its practical application is still problematic, even as far as the traditional media are concerned. Qualified teachers and teaching material are the basic elements in media education and therefore constant attention should be paid to both initial and continuing teacher education. Uncertainty also persists as to the place media education should have in the curriculum, the methodology of teaching, the objectives pursued and the evaluation of the results. Furthermore, most schools have not yet adapted to an educational pattern where both pupils and teachers place themselves in the situation of learners.

11. Media education should be aimed both at the adults of today and of the future. It should not only allow them to keep up with the pace of modern development, but also help them to perform better their role as parents. In this sense it is vital to develop media education as part of the concept of life-long learning. Such non-formal education should be given more means and the work of the relevant NGOs should be facilitated in line with Assembly Recommendation 1437 (2000) on non-formal education.

12. It is also essential to seek the co-operation and the involvement of media professionals. They should in particular be encouraged to produce high quality educational and cultural programmes.

13. The Assembly therefore recommends that the Committee of Ministers:

i. consider media education as an important area for the work of its competent bodies in the fields of education for democratic citizenship, new information technologies and non-formal education, along the lines set up in the above-mentioned Assembly recommendation;

ii. ensure a co-ordinated, inter-sectoral approach to this issue;

iii. examine existing practices in media education in member states with a view to promoting the most successful of them;

iv. promote an integrated European approach to media education, possibly through the creation of an international office for media education, responsible for co-ordination and networking, in close co-operation with other international organisations such as the European Union and Unesco.

14. The Committee of Ministers should also call on governments and the appropriate authorities of member states to:

i. encourage the elaboration and the development of media literacy programmes for children, adolescents and adults;

ii. promote the elaboration and the development of teacher training programmes in the field of media education;

iii. involve educational bodies, parents' organisations, media professionals, Internet service providers, NGOs, and so on, in an active dialogue on these issues;

iv. examine ways of sustaining an offer of educational programmes by the different media that is satisfactory in both quantitative and qualitative terms, and of promoting media education in them.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

Recommendation 1543 (2001)[32]

Racism and xenophobia in cyberspace

1. The Assembly considers racism not as an opinion but as a crime. The relevant international legal instrument to combat racism is the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The Assembly deplores that Andorra, Moldova and San Marino have not yet ratified this instrument.

2. Adequate legal instruments to combat racism already exist in some Council of Europe member states. The difficulties of combating racism on the Internet arise from the nature of this means of disseminating information itself and from the legal obstacles to the implementation of provisions against hate speech.

3. The Council of Europe now has a binding legal instrument: the Convention on Cybercrime, but that convention does not address the dissemination of racist propaganda using computer technology. An ad hoc committee of experts, with terms of reference approved by the Committee of Ministers, should be asked to prepare a protocol to remedy this shortcoming of the convention, as requested by the Assembly in its Opinion No 226 (2001).

4. An additional protocol to the Convention on Cybercrime aimed at punishing racism on the Internet will have no effect unless every state hosting racist sites or messages is a party to it. The Assembly’s starting-point is that a dialogue must be initiated with all service providers to convince them of the need to take steps themselves to combat the existence of racist sites.

5. On an ethical level, the Assembly believes that the self-disciplinary efforts made by access providers and hosts should be encouraged. Self-discipline should be made the norm by labelling and classifying sites, setting up hotlines, filtering, drawing up rules of conduct and including clauses in contracts with technical providers prohibiting their clients from using their services for unlawful purposes.

6. Dialogue between Internet users, technical operators and prosecuting authorities must be encouraged. The Assembly considers that a consultation or joint regulation body could be set up within the Council of Europe to help prepare codes of conduct, serve as a mediator in specific disputes and function as a permanent observatory of racism and xenophobia on the Internet.

7. The Assembly would like education and training aimed at developing the discernment of Internet users, particularly the younger generations, to play an important role in the future. Not only racism, but also the dissemination of hate speech against certain nationalities, religions and social groups must be opposed.

8. For these reasons, the Parliamentary Assembly, in accordance with its Opinion No. 226, in which it recommended that an additional protocol to the new convention be immediately drawn up, defining and criminalising the dissemination of racist propaganda and unlawful hosting of hate messages, recommends that the Committee of Ministers:

i. give the Committee of Experts on the criminalisation of racist or xenophobic acts using computer networks (PC-RX), which has been instructed to prepare a draft additional protocol to the Convention on Cybercrime, sufficient means to enable it to complete its task by 30 April 2002, when its terms of reference expire. The committee should complete its work in time for the additional protocol to come into force as soon as possible after the entry into force of the convention;

ii. make specific mention of unlawful hosting in the terms of reference of this committee;

iii. specify the means by which it is possible to eliminate racist sites from the Internet and to encourage the effective prosecution of those responsible.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

Recommendation 1506 (2001)[33]

Freedom of expression and information in the media in Europe

1. The Assembly believes that free and independent media are an essential indicator of the democratic maturity of a society. The right to freedom of expression and information is intrinsically linked to the citizens’ right to know, which is a prerequisite for making well‑informed decisions. The possibility to express freely ideas and opinions enhances public dialogue and therefore stimulates the development of the democratic process in society.

2. Now that there are forty-three member states in the Council of Europe, almost all the continent is covered by the provisions of the European Convention on Human Rights and its Article 10 which guarantees everybody freedom of expression, including "freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers". Rapid progress towards democratisation in that respect is expected in the Federal Republic of Yugoslavia and in Bosnia and Herzegovina. Belarus remains the country where the deeds of the authorities most blatantly go against the values and principles in the media field defended by the Council of Europe.

3. As was stated in Assembly Recommendation 1407 (1999) on media and democratic culture, enormous progress in the field of freedom of expression and information has been achieved in central and eastern Europe since the fall of communism. However, serious and unacceptable violations of this freedom are still committed in a number of countries. At the same time new challenges arise and they have to be faced by the whole of Europe.

4. Censorship is still practised and in its most appalling form, violence and murder. Journalists continue to die, not only when covering events on the battlefield, but also, and more often, in the course of their work when trying to throw light on darker sides of the society such as corruption, financial abuse, drug trafficking, terrorism or ethnic conflict. Most perpetrators of such crimes have not been caught and brought to justice, which casts serious doubts on the independence of the judiciary and as to the real willingness of the authorities to disclose the truth. The Assembly has recently drawn attention to this problem in the case of Ukraine in its Resolution 1239. Azerbaijan, Russia, Turkey and Ukraine are the countries where the greatest number of journalists have been subject to physical aggression over the last years.

5. Governments continue to use provisions in legislation, such as defamation, and regulations pertaining to territorial integrity, national security or public order, in order to harass undesired critics. Prison sentence for defamation is still practised in several former communist countries and in Greece, and also features in the criminal codes of other western legislations, although no longer applied there. In Turkey, several journalists are still imprisoned or have been brought to trial, most having been sentenced for or accused of having links with terrorist groups. Elsewhere, even where libel has been decriminalised, disproportionately heavy fines often deter free expression and lead to self-censorship. A very high number of court trials also characterises the transition of new democracies from the "one party, one truth" system to pluralism of opinions.

6. In several countries access to official information is to a great extent left to the discretion of the authorities. Particularly unacceptable are the restrictions imposed on access to information in areas of conflict such as Chechnya, despite many Assembly appeals to the Russian authorities to guarantee free access to journalists, and on sensitive issues such as, in Turkey, the latest hunger strikes. Some aspects of the information policy of Nato during the Kosovo war also deserve criticism.

7. Attacks against freedom of expression can take many other forms, such as threats, intimidation, arbitrary closure of media outlets, power cuts, bomb alerts, police searches and confiscation of material, damage of printing facilities or television and radio transmitters, heavy taxes, monopolies on paper and distribution, unequal conditions for state media as opposed to other media and pressure on advertisers.

8. Administrative harassment is also commonplace in several former communist countries, especially through tax and other financial regulations. Such practices, for instance in Russia, are currently used in an apparent attempt to bring all nationwide television stations under governmental control. The Assembly expresses particular concern about the recent developments in Russia – the forceful seizure of the only independent nationwide television channel NTV, the closure of the newspaper "Segodnya" and sacking of the journalists of the magazine "Itogy". The attacks on the freedom of expression and mass media in Russia, undertaken with the participation of the authorities, run counter to the basic principles of the Council of Europe and constitute a significant violation of Article 10 of the European Convention on Human Rights.

9. Precarious economic conditions and a low level of democratic culture represent in themselves a serious threat to freedom of expression since they make the media an easy prey to mighty political, economic and other interests. Instead of performing their role of a public watchdog, the media become instruments for settling scores and are transformed into mercenaries acting upon orders.

10. Independence of public service broadcasting and the need to provide a genuinely independent regulatory authority for the broadcasting sector, as prescribed in Recommendation Rec (2000) 23 of the Committee of Ministers, remain a serious challenge for almost all former communist countries and is not completely taken for granted even in established democracies. This was well illustrated during the recent events concerning Czech public television and Bulgarian national radio. In Hungary only the ruling parties are represented on the television and radio boards, despite the constant complaints of two opposition parties. The problem is rooted in the fact that the smallest opposition party requires double the representation on the media boards compared to the leading opposition party, which has ten times more MPs. Recently a new law on radio and television was adopted in Croatia without taking into account the reservations of the Council of Europe in that respect. It is equally important to establish a fair and transparent licensing procedure, as can be witnessed in the case of the problems that private broadcasters in Azerbaijan are facing.

11. Throughout Europe, freedom of expression and information is facing new challenges resulting from the ongoing process of globalisation of the media market along with the revolution provoked by the convergence between broadcasting, computing and telecommunications. The current market restructuring, leading to new alliances and mergers between traditional media companies and new service providers, might lead to further concentration and vertical integration of multimedia corporations and thus restrict media pluralism. The Committee of Ministers, in its Recommendation (99) 1, stressed that states should promote political and cultural pluralism by developing their media policy in line with Article 10 of the European Convention on Human Rights.

12. A pluralist and independent media system is also essential for democratic development and a fair electoral process. It is thus essential to eliminate oligopolism in the media, and to ensure that the media are not used to gain political power, especially in countries where a mixed public-private system would enable political movements, supported by the private sector, to control all information after elections, especially through radio and television.

13. There is a growing trend for the media to be considered as a purely commercial product rather than a specific cultural and democratic resource. Even if certain journalists are willing to live with it, this trend puts the majority of them under unacceptable pressure to sacrifice quality journalism to "infotainment" and therefore restricts freedom of expression and information. The merciless competition between media enterprises puts increasing pressure on editorial boards to ensure immediate coverage, at the expense of in-depth analysis and research. Cuts in editorial budgets and new ownership policies result in a decline of editorial standards and to increasing reliance on freelance journalists and consequent damage to professional responsibility. Investigative journalism is becoming unprofitable. Sensational stories and "advertorials" or "Big Brother"-style programmes are replacing independent editorials. On the other hand, employed journalists are censored and often limited in expression by their employers – owners or chiefs of wireless media companies, editors of newspapers – when they impose their own views and political or commercial interest upon the journalist’s personality, name and professional responsibility.

14. Taking into account these considerations, the Assembly considers that freedom of expression and information is and will remain a major challenge for democracy in Europe and should continue to be a primary concern for the Council of Europe.

15. In this respect, the Assembly reiterates its position, stated in Recommendation 1407 (1999) on media and democratic culture, that the Council of Europe should "exert moral and political pressure upon governments which violate freedom of expression". The Assembly will pursue this issue, and on a country-by-country basis. It regrets the fact that the Committee of Ministers has still failed to provide a satisfactory reply to the recommendation, and this in a period when it is striving to acquire a stronger political presence in Europe.

16. Therefore the Assembly recommends that the Committee of Ministers:

i. consider as a priority the defence of freedom of expression and information in member and candidate states;

ii. set up a more efficient system of defending freedom of expression and information in Europe, involving all relevant sectors of the organisation that deal with this issue and allowing it to increase pressure on governments;

iii. make public the findings of its monitoring procedure in the field of personal and editorial freedom of expression, formulate on this basis specific recommendations to individual member states and make these states publicly accountable for their implementation;

iv. ensure that the expertise provided by the Council of Europe in the field of media legislation is duly taken into account by member states, particularly on points challenging attempts at political control over the media;

v. instruct its relevant bodies to step up work on challenges to freedom of expression and information and to media pluralism and diversity stemming from globalisation and from the further development of the information society;

vi. enhance public debate within its specific bodies on necessary changes and improvements in the field of freedom of expression and information in member countries;

vii. provide the necessary means for the implementation of assistance programmes and make governments better aware of the urgent need for voluntary contributions;

viii. ensure co-ordination and complementarity of the above-mentioned activities with other international institutions, and in particular the OSCE Representative on Freedom of the Media, the European Union and Unesco, as well as with relevant press freedom NGOs, journalism associations and trade unions;

17. The Assembly considers it necessary that the Monitoring Committee pay special attention to the freedom of expression and mass media in Council of Europe member states during the monitoring procedures.

18. The Assembly welcomes the decision of its Committee on Culture, Science and Education to appoint a General Rapporteur on the Media and requests the Committee of Ministers and the Secretary General to give him/her their support, in particular as regards information and secretariat assistance.

PARLIAMENTARY ASSEMBLY

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COUNCIL OF EUROPE

Recommendation 1586 (2002)[34]

The digital divide and education

1. Digitalisation introduces a new risk of dividing those who can afford access for the purposes of education and research from those who cannot. The Parliamentary Assembly believes in ensuring fair access to digital material for educational and other socially necessary purposes.

2. In the age of printing, society developed a balance between the need to reward intellectual property owners for the use of their works, and the need for society to make some of these works available to a larger public.

3. In the digital age, this balance has to be re-established and legislation adopted, both nationally and internationally, to take account of the technological developments.

4. Access to information is essential for education and research. It is also a basic requisite for democracy, as this relies on the participation of informed and enlightened citizens.

5. Copyright questions related to digital material available on the Internet are being addressed by the European Union. Unesco, together with the International Telecommunication Union, is preparing two world conferences (to take place in 2003 and 2005) to develop an international convention on the conditions for public access to material on the Internet.

6. The Council of Europe has itself begun to address these questions, notably the Assembly in Recommendation 1332 (1997) on the scientific and technical aspects of the new information and communications technologies and Resolution 1191 (1999) on the information society and a digital world, and the Committee of Ministers in its Declaration of May 1999 on a European policy for new information technologies.

7. The Assembly recommends that the Committee of Ministers:

i. join forces with other international bodies that are currently considering access to digital material on the Internet in order to establish the public service principle in the digital environment and in particular to develop norms for the use of such material for educational and other socially necessary purposes;

ii. give particular consideration in drawing up such norms to:

a. providing citizens with a certain amount of basic information as a public service;

b. limiting access only for reasons of privacy, confidentiality, security and law‑enforcement;

c. providing public access points staffed by trained personnel;

d. developing special tools to help access for the disabled in concrete terms;

e. harmonising, clarifying and making user-friendly national and international copyright legislation applying to digital material;

f. encouraging the production of culturally and pedagogically suitable digital material;

g. facilitating quality appreciation of digital information;

iii. ensure that these norms are properly and equally applied in member states.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

Recommendation 1555 (2002)[35]

The image of women in the media

1. The Parliamentary Assembly refers to its Resolution 1018 (1994) on equality of rights between men and women, in which it recommends that machinery be set up to "promote and supervise respect for the principle of equality of rights between women and men", and encourages the media "to promote equality".

2. The Assembly notes that, although progress has visibly been made in several European countries, women’s image in the media all too frequently remains a negative one, and continues to be stereotyped and sexist. Women are associated with the private sphere, the household and family life. The media frequently present women as sex objects. While the contemporary world has undergone rapid changes, the image of women in the media has not really altered.

3. The Assembly welcomes the fact that certain European governments, women’s groups and intergovernmental bodies have made progress where the depiction of women in the media is concerned. The appointment of an ombudsperson responsible for equality issues to apply national and European Community legislation constitutes a step towards respect for gender equality.

4. The Assembly notes with regret that certain European countries have regressed as far as women’s image in the media is concerned. Following the world conference in Beijing, little has been done by governments and media to address the issue.

5. In certain countries of eastern Europe and in the Commonwealth of Independent States, the image of women in the media is relatively negative. The media describe men as reformers, whereas a limited role is attributed to women. This results from the social and cultural heritage of the countries concerned. These countries suffer from a lack of democratic experience and are encountering difficulties in their development process. The images of women which occur in their media are evidence of the dramatic situation of women’s rights in these countries. Women’s real problems, like women’s movements, are ignored.

6. Certain countries have tried to set up a self-regulation machinery for media producers, but governments fail to allocate the necessary funds to these efforts.

7. The stereotyped image of women is a result of the inadequate training of journalists and other media managers and the small numbers of women holding decision-making posts. While the number of female journalists has risen considerably in the past ten years, there are still few women on media management bodies, and they are unable significantly to influence the policy pursued by the media.

8. The Assembly is concerned about the increasing exposure of children to sexist messages. The antisocial forces exerted by the repeated sending of this kind of message are particularly worrying at a time when society is attempting to curb violence against women.

9. The Assembly calls on the governments of Council of Europe member states to adopt and to implement a policy against sexist and stereotyped images and representations of women in the media. The Assembly invites governments to set up more bodies to monitor the media and supervise the audiovisual sector.

10. The Assembly therefore asks that the governments of member states:

i. introduce the concept of "sexism", which is to be defined as negating the equal dignity of human beings on the grounds of their male or female gender, into their legislation and condemn it to the same degree as racism;

ii. adopt a law on gender equality in the media;

iii. ask the ombudsperson responsible for issues relating to gender equality to create direct links between his or her office and the population as a whole;

iv. draw a distinction between the situation in the privately-owned and publicly‑owned media;

v. give media associations the right to complain to the courts in the event of a violation of human rights;

vi. finance and start new equality projects in the media;

vii. encourage, within their national systems, the setting up and financing of centres to monitor national media, including the new information and communications technologies;

viii. encourage advertisers to increase self-regulation through their own system of professional ethics, in so far as freedom of expression permits;

ix. use positive discrimination measures or quota systems to guarantee a balance between women and men at every level of decision making;

x. encourage women to participate at every level of decision making in the media and to take posts of responsibility in the technological sector and on public advisory bodies;

xi. assign resources and implement programmes to increase women’s access to communications resources and knowledge, particularly the new communications technologies;

xii. make substantial efforts to release the necessary funds for the provision of equality training for women and men, at schools of journalism, for example;

xiii. finance comparative studies with a view to ensuring that policy makers have a better image of gender equality.

11. The Assembly recommends that the Committee of Ministers:

i. draw up international ethical standards based on equality between women and men;

ii. help to develop international co-operation with a view to giving priority to the strengthening of communications networks and of women’s media and to the principle of gender equality;

iii. set up an observatory composed of female journalists under the aegis of the Council of Europe to study the way in which women are portrayed in the European media and to propose appropriate measures.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

Recommendation 1589 (2003)[36]

Freedom of expression in the media in Europe

1. The Parliamentary Assembly recalls its Recommendation 1506 (2001) on freedom of expression and information in the media in Europe and its decision to exert, through the general rapporteur on the media, moral and political pressure on governments which violate freedom of expression in the media, pursuing this issue on a country-by-country basis.

2. It regrets that since the adoption of Recommendation 1506 many problems persist and that further serious violations of freedom of expression have since taken place in Europe as well as in the rest of the world.

3. Violence continues to be a way of intimidating investigative journalists or of settling scores between rival political and economic groupings, for whom certain media act as mercenaries. The number of journalists attacked, or even murdered, in the Russian Federation is alarming. Violence has also recently been recorded in Armenia, "the former Yugoslav Republic of Macedonia", Georgia, Ukraine and Belarus. In particular, the Assembly strongly condemns the murder of Tigran Naghdalian, Chairman of the Public Television and Radio Council of Armenia. It is unacceptable that no substantial progress has been made in the investigation of crimes committed earlier, such as the murder of Heorhiy Gongadze in Ukraine and the disappearance of Dmitry Zavadsky in Belarus.

4. It is also unacceptable in a democracy that journalists should be sent to prison for their work, as in the cases of Mikola Markevich, Paval Mazheika and Viktar Ivashkevich in Belarus, and of Grigory Pasko in Russia. Criminal prosecution against journalists continues in Turkey.

5. Other forms of legal harassment, such as defamation suits or disproportionately high fines that bring media outlets to the brink of extinction, continue to proliferate in several countries. Such cases were recently recorded in Azerbaijan, Belarus, Croatia, Russia and Ukraine. A dozen lawsuits have been brought against Presspublica, the publisher of the major Polish daily, Rzeczpospolita. Intimidation of the media also takes the form of police raids, tax inspections and other kinds of economic pressure.

6. In Ukraine, according to numerous journalists and the conclusions of the parliamentary hearings on freedom of speech and censorship, the presidential administration provides instructions to the media on the coverage of the main political events.

7. In most countries of the Commonwealth of Independent States the national television, the main source of information for the majority of the population, continues to be state-run or under tight government control. It is regrettable, for instance, that despite explicit Council of Europe recommendations to the Moldovan authorities and despite mass protests at Teleradio Moldova last spring, the newly adopted broadcasting law provides for many forms of direct political interference. The same problem exists with the proposed draft for a law on public television in Azerbaijan.

8. In certain countries it is still far too easy to replace heads of public media according to the whims of the authorities.

9. Even the most advanced new democracies still face difficulties in ensuring genuinely independent public service broadcasting and a proper balance between government and opposition.

10. In certain west European countries, courts continue to violate the right of journalists to protect their sources of information, and this despite the case-law of the European Court of Human Rights.

11. The media legislation in some of these countries is outdated (for instance the French press law dates back to 1881) and although restrictive provisions are no longer applied in practice, they provide a suitable excuse for new democracies not willing to democratise their own media legislation.

12. In Italy, the potential conflict of interest between the holding of political office by Mr Berlusconi and his private economic and media interests is a threat to media pluralism unless clear safeguards are in place, and sets a poor example for young democracies.

13. Media concentration is a serious problem across the continent. In certain countries of central and eastern Europe a very small number of companies now predominantly own the printed press. Access to digital television also tends to be highly concentrated.

14. The recent terrorist attacks can provide a pretext for introducing new restrictions to freedom of information, as with the adoption by the Russian Duma of amendments to the Laws on Mass Media and the Law on the Fight against Terrorism, but which President Putin had asked to be reformulated using his right of veto.

15. The Assembly therefore stresses the need for the Council of Europe, through its appropriate bodies, to continue to monitor closely the state of freedom of expression and media pluralism across the continent and to put all its weight behind the active defence of its basic standards and principles, including the duty of journalists to observe ethical and responsible professional standards.

16. In this context, it asks the Committee of Ministers to make public the results of its monitoring procedure in the field of freedom of expression of the media.

17. The Assembly also asks the Committee of Ministers to urge all European states, where appropriate:

i. to ensure that substantial progress is made in the investigation of murders of journalists and that the perpetrators of such crimes are punished;

ii. to set free all journalists imprisoned for their legitimate professional work and to abolish legislation that makes journalistic freedom of expression subject to criminal prosecution;

iii. to stop immediately all forms of legal and economic harassment of dissenting media;

iv. to revise their media legislation according to Council of Europe standards and recommendations and to ensure its proper implementation;

v. to revise in particular their broadcasting legislation and implement it with a view to the provision of a genuine public service;

vi. to abolish restrictions on the establishment and functioning of private media broadcasting in minority languages;

vii. to incorporate the case-law of the European Court of Human Rights in the field of freedom of expression into their domestic legislation and ensure the relevant training of judges;

viii. to ensure the plurality of the media market through appropriate anti-concentration measures, especially in fairness of access to digital radio and television platforms, and to press for relevant international mechanisms in that respect to be introduced;

ix. to refrain from adopting unnecessary restrictions to the free flow of information under cover of the fight against terrorism, while respecting Article 10 paragraph 2 of the European Convention on Human Rights.

18. The Assembly should continue to devote special attention to freedom of expression in the mass media in all European states. It considers active international co-ordination necessary in order to react immediately to cases of violence and pressure on journalists.

PARLIAMENTARY ASSEMBLY

OF THE

COUNCIL OF EUROPE

Recommendation 1641 (2004)[37]

Public service broadcasting

1. Public service broadcasting, a vital element of democracy in Europe, is under threat. It is challenged by political and economic interests, by increasing competition from commercial media, by media concentrations and by financial difficulties. It is also faced with the challenge of adapting to globalisation and the new technologies.

2. Public service broadcasting, whether run by public organisations or privately-owned companies, differs from broadcasting for purely commercial or political reasons because of its specific remit, which is essentially to operate independently of those holding economic and political power. It provides the whole of society with information, culture, education and entertainment; it enhances social, political and cultural citizenship and promotes social cohesion. To that end, it is typically universal in terms of content and access; it guarantees editorial independence and impartiality; it provides a benchmark of quality; it offers a variety of programmes and services catering for the needs of all groups in society and it is publicly accountable. These principles apply, whatever changes may have to be introduced to meet the requirements of the twenty-first century.

3. It is a matter of concern that many European countries have so far failed to meet the commitment that their governments undertook, at the 4th European Ministerial Conference on Mass Media Policy held in Prague in 1994, to maintain and develop a strong public broadcasting system. It is also worrying that the fundamental principle of the independence of public service broadcasting contained in Recommendation No. R (96) 10 of the Committee of Ministers is still not firmly established in a number of member states. Moreover, governments across the continent are in the process of reorienting their media policies in the light of the development of digital technology and are in danger of leaving public service broadcasting without enough support.

4. Public service broadcasting was born in western Europe and has evolved by adapting itself naturally to the needs of a mature democracy. In central and eastern Europe it is not yet socially embedded, since it was "transplanted" into an environment that lacked the necessary political and management culture, and in which civil society is still weak, has inadequate resources and little dedication to public service values.

5. The situation varies across Europe. At one extreme national broadcasting continues to be under strict governmental control and there is little prospect of introducing public service broadcasting by legislation in the foreseeable future. In the Russian Federation, for instance, the lack of independent public service broadcasting was a major contributing factor to the absence of balanced political debate in the lead-up to the recent parliamentary elections, as mentioned by the international election observation mission. Hardly any progress has been made in adopting the necessary public service broadcasting legislation that might meet Council of Europe standards in Azerbaijan, Georgia and Ukraine.

6. In Bosnia and Herzegovina and in Kosovo public service broadcasting still only operates under regulations imposed from outside by the international community. Adoption of a proper law has been delayed in Bosnia and Herzegovina as a result of internal resistance to structural change and in Kosovo because of attempts to undermine the funding of public service broadcasting.

7. In other countries laws on public service broadcasting have been adopted, but certain provisions and practices contradict European standards. In Armenia all the members of the Council for Public Radio and Television are appointed by the President. It remains to be seen whether the day-to-day operation of TeleRadio Moldova will be able to be independent after two changes made to the law in 2003. The appointment of a Serbian broadcasting agency has been marred by scandals that have yet to be resolved.

8. More substantial progress has been made in other countries, although problems still remain. Changes to broadcasting laws, making broadcasting corporations more politically independent and financially viable, have been recommended by the Council of Europe in Bulgaria and "the former Yugoslav Republic of Macedonia". There are still attempts to change laws in order to make them more suitable for a ruling majority, as with the new Croatian Law on Radio and Television. Severe financial difficulties are experienced with public service broadcasting in the Czech Republic, Hungary and Slovakia.

9. There is political pressure on public service broadcasting in western Europe too. The BBC was attacked by the British Government over its coverage of the war in Iraq. In Greece, Italy, Portugal and Spain, situations variously defined as "political clientelism", "state paternalism" and "partitocrazia" have prevented the full emancipation of public service broadcasters from direct, "hands-on" political control. Manipulation of information under political influence led to the unprecedented sentencing of TVE for its coverage of the general strike in Spain in June 2002. The politicisation of RAI caused by a unique division of the three Italian channels between the main political parties has been further aggravated by the current government.

10. There is a growing tendency to go beyond hitherto existing forms of public service broadcasting regulation and define its obligations more precisely, often by contracts backed up by accountability reports to the parliament, the government and/or a regulatory agency. Increasing attention is paid to the financial aspects of the operation of the public service broadcaster. While such moves are to be welcomed in so far as they give public service broadcasting organisations greater stability, it should be ensured that they are not used by governments to undermine the financial and statutory situation of these organisations. Recent government decisions in the Netherlands and France have seriously affected the funding of their public service broadcasters.

11. Governments have been examining possible structural changes that would affect the very nature of public service broadcasting. Privatisation plans have been discussed in Denmark and Portugal, and in Italy with the recently proposed broadcasting legislation (the "Gasparri Law"), which has since then been referred back to Parliament by the President. In the United Kingdom, there is growing concern at the government’s attitude to the renewal of the charter of the BBC, fuelled by the very public row between the corporation and the government.

12. In a large majority of countries, digital channels have not yet been defined in broadcasting legislation. There is also a clear absence of legal provisions concerning Internet activities by public service broadcasters in most countries. This might affect their ability to expand to new platforms.

13. The coexistence of public and commercial media has largely contributed to innovating and diversifying the supply of content and has had a positive impact on quality. However, commercial interests are trying to reduce competition from the public sector to a minimum. European Union competition law is often used to attack the funding systems for public service broadcasting. In this respect, the Assembly welcomes the judgment of the European Court of Justice in the Altmark case, regarding compensation for discharging public service obligations, and urges that the situation concerning public service broadcasting be further clarified on the basis of this judgment. Commercial broadcasters also challenge the possibility of public service broadcasting expanding into new areas and new services. Recent examples include the BBC’s Internet activities and the plans of the German ARD to turn the Internet into its "third pillar", which had to be abandoned under commercial pressure.

14. Commercial broadcasters also claim that the shift to the multi-channel, on-demand broadcasting offered by digitalisation will enable the market to cater for all needs and therefore also fulfil the public service obligations currently assigned to public broadcasting institutions. However, there is no guarantee about the quality and independence of such provision, or that it would be free-to-air, universally accessible and constant over time.

15. It is recognised that there can be an overlap with commercial broadcasting in popular genres. However, the growing commercialisation and concentration of the media sector with the resulting "dumbing-down" of general quality vindicates, when this concerns public service broadcasters, those who criticise the use of public money for such purposes. Public service broadcasting is suffering an identity crisis, as it is in many instances striving to combine its public service obligations with chasing ratings and the need to secure an audience to justify its "public" character or simply to attract advertising revenue.

16. European countries and the international community in general must become more actively involved in efforts to develop general standards and good practice as guidelines for national policies in this area.

17. Therefore the Parliamentary Assembly recommends that the Committee of Ministers:

i. adopt a new major policy document on public service broadcasting, taking stock of developments since the Prague ministerial conference and defining standards and mechanisms of accountability for future public service broadcasting. The forthcoming Ministerial Conference on Mass Media Policy in Kyiv could include the preparation of such a document in its plan of action;

ii. mobilise the relevant structures of the Council of Europe to ensure proper and transparent monitoring, assistance and, where necessary, pressure, so that member states undertake the appropriate legislative, political and practical measures in support of public service broadcasting;

iii. consider specific measures to ensure that a legislation in this area in line with European standards is adopted as soon as possible in Azerbaijan, Georgia, the Russian Federation and Ukraine;

iv. ensure close co-operation with other international organisations in maintaining its standards regarding freedom of expression;

v. continue to press for audiovisual services to be regarded as more than simply a commodity in the negotiations of the World Trade Organization (WTO) and the General Agreement on Trade in Services (GATS);

vi. endeavour to ensure that the World Summit on the Information Society gives proper recognition to public service broadcasting as an important element in developing the information society and at the same time easing the shock of the rapid changes this development will involve;

vii. call on the governments of member states to:

a. reaffirm their commitment to maintaining a strong and vibrant independent public broadcasting service, whilst adapting it to the requirements of the digital age, for instance, on the occasion of the next European Ministerial Conference on Mass Media Policy in 2004, taking concrete steps to implement this policy objective and refrain from any interference with the editorial independence and institutional autonomy of public service broadcasters;

b. define an appropriate legal, institutional and financial framework for the functioning of public service broadcasting and its adaptation and modernisation to suit the needs of the audience and the requirements of the digital era;

c. design education and training programmes, adapted to the digital media environment, for journalists.

[1] Assembly debate on 23 January 1970 (18th Sitting) (see Doc. 2687, report of the Legal Affairs Committee).

Text adopted by the Assembly on 23 January 1970 (18th Sitting).

[2] Article 10 of the European Convention on Human Rights:

“1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may e subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”

[3] Article 8 of the European Convention on Human Rights:

“1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or-for the protection of the rights and freedoms of others.”

[4] Assembly debate on 23 January 1970 (18th Sitting) (see Doc. 2687, report of the Legal Affairs Committee).

Text adopted by the Assembly on 23 January 1970 (18th Sitting).

[5] See Resolution 428 (1970).

[6] Assembly debate on 23 January 1975 (19th Sitting) (see Doc. 3536, report of the Political Affairs Committee).

Text adopted by the Assembly on 23 January 1975 (19th Sitting).

[7] Assembly debate on 23 January 1975 (18th Sitting) (see Doc. 3520, report of the Committee on Culture and Education).

Text adopted by the Assembly on 23 January 1975 (19th Sitting).

[8] Assembly debate on 27 and 28 April 1978 (7th and 8th Sittings) (see Doc. 4090, report of the Political Affairs Committee).

Text adopted by the Assembly on 28 April 1978 (8th Sitting).

[9] Assembly debate on 11 May 1979 (8th Sitting) (see Doc. 4306, report of the Committee on Culture and Education).

Text adopted by the Assembly on 11 May 1979 (8th Sitting).

[10] Assembly debate on 2 October 1981 (12th Sitting) (see Doc. 4756, report of the Legal Affairs Committee).

Text adopted by the Assembly on 7 October 1981 (17th Sitting).

[11] Assembly debate on 1 and 2 October 1982 (12th, 13th and 14th Sittings) (see Doc. 4940, report of the Legal Affairs Committee).

Text adopted by the Assembly on 2 October 1982 (14th Sitting).

[12] Assembly debate on 7 May 1984 (1st Sitting) (see Doc. 5084, report of the Committee on Parliamentary and Public Relations).

Text adopted by the Assembly on 7 May 1984 (1st Sitting).

[13]Text adopted by the Standing Committee, acting on behalf of the Assembly, on 3 July 1986.

See Doc. 5572, report of the Legal Affairs Committee.

[14] Assembly debate on 8 October 1987 (18th Sitting) (see Doc. 5782, report of the Committee on Culture and Education, and Doc. 5800, opinion of the Legal Affairs Committee).

Text adopted by the Assembly on 8 October 1987 (18th Sitting).

[15] Assembly debate on 2 February 1989 (23rd Sitting) (see Doc.5997, report of the Committee on Culture and Education, Rapporteur: Mrs Morf).

Text adopted by the Assembly on 2 February 1989 (23rd Sitting).

[16] Assembly debate on 31 January 1990 (26th Sitting) (see Doc. 6151, report of the Committee on Science and Technology, Rapporteur: Mr Fourré).

Text adopted by the Assembly on 31 January 1990 (26th Sitting).

[17]Assembly debate on 2 February 1990 (29th Sitting) (see Doc. 6160, report of the Committee on Agriculture, Rapporteur: Mr Lanner).

Text adopted by the Assembly on 2 February 1990 (29th Sitting).

[18]Assembly debate on 31 January 1991 (24th Sitting) (see Doc. 6343, report of the Committee on Legal Affairs and Human Rights, Rapporteur: Mr Columberg; and Doc. 6344, opinion of the Committee on Culture and Education, Rapporteur: Mr Soell).

Text adopted by the Assembly on 31 January 1991 (25th Sitting).

[19]Assembly debate on 22 April 1991 (1st Sitting) (see Doc. 6405, report of the Committee on Culture and Education, Rapporteur: Mrs Grendelmeier).

Text adopted by the Assembly on 22 April 1991 (1st Sitting).

[20] Assembly debate on 1 July 1993 (42nd Sitting) (see Doc.6854, report of the Committee on Culture and Education, Rapporteur: Mr Núñez Encabo).

Text adopted by the Assembly on 1July 1993 (42nd Sitting).

[21] Assembly debate on 1 July 1993 (42nd Sitting) (see Doc. 6854, report of the Committee on Culture and Education, Rapporteur: Mr Núñez Encabo).

Text adopted by the Assembly on 1 July 1993 (42nd Sitting).

[22] Assembly debate on 24 January 1994 (1st Sitting) (see Doc. 6977, report of the Committee on Science and Technology, Rapporteur: Mr Bartodziej).

Text adopted by the Assembly on 24 January 1994 (1st Sitting).

[23] Assembly debate on 30 June 1995 (24th Sitting) (see Doc. 7314, report of the Committee on Culture and Education, rapporteur: Mr Berg).

Text adopted by the Assembly on 30 June 1995 (24th Sitting).

[24] Assembly debate on 30 June 1995 (24th Sitting) (see Doc. 7322, report of the Committee on Migration, Refugees and Demography, rapporteurs: Mrs Aguiar and Mr Vázquez).

Text adopted by the Assembly on 30 June 1995 (24th Sitting).

[25] Assembly debate on 22 April 1997 (11th Sitting) (see Doc. 7772, report of the Committee on Parliamentary and Public Relations, rapporteur: Mr Masseret; and Doc. 7805, opinion of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Rodeghiero).

Text adopted by the Assembly on 22 April 1997 (11th Sitting).

[26]Assembly debate on 23 June 1997 (17th Sitting) (see Doc. 7832, report of the Committee on Science and Technology, rapporteur: Mr Frey).

Text adopted by the Assembly on 23 June 1997 (17th Sitting).

[27] Text adopted by the Standing Committee, acting on behalf of the Assembly, on 7 November 1997.

See Doc. 7905, report of the Committee on Parliamentary and Public Relations, rapporteur: Mr Lekberg.

[28] Assembly debate on 26 June 1998 (24th Sitting) (see Doc. 8130, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Schwimmer; Doc. 8147, opinion of the Committee on Culture and Education, rapporteur: Mr Staes; and Doc. 8146, opinion of the Social, Health and Family Affairs Committee, rapporteur: Mr Mitterrand).

Text adopted by the Assembly on 26 June 1998 (24th Sitting).

[29]Text adopted by the Standing Committee, acting on behalf of the Assembly, on 26 May 1999.

See Doc. 8400, report of the Committee on Science and Technology, rapporteur: Mr Cherribi.

[30] Assembly debate on 29 April 1999 (15th Sitting) (see Doc. 8355, report of the Committee on Culture and Education, rapporteur: Mr Jarab).

Text adopted by the Assembly on 29 April 1999 (15th Sitting).

[31]Assembly debate on 27 June 2000 (19th Sitting) (see Doc. 8753, report of the Committee on Culture and Education, rapporteur: Mrs Isohookana-Asunmaa).

Text adopted by the Assembly on 27 June 2000 (19th Sitting).

[32] Text adopted by the Standing Committee, acting on behalf of the Assembly, on 8 November 2001 (see Doc. 9263, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Tallo).

[33] Assembly debate on 24 April 2001 (10th Sitting) (see Doc. 9000, report of the Committee on Culture, Science and Education, rapporteur: Mr Hegyi).

Text adopted by the Assembly on 24 April 2001 (10th Sitting).

[34] Text adopted by the Standing Committee, acting on behalf of the Assembly, on 18 November 2002 (see Doc. 9616, report of the Committee on Culture, Science and Education, rapporteur: Mrs Isohookana-Asunmaa).

[35] Assembly debate on 24 April 2002 (13th Sitting) (see Doc. 9394, report of the Committee on Equal Opportunities for Women and Men, rapporteur: Mrs López González).

Text adopted by the Assembly on 24 April 2002 (13th Sitting).

[36] Assembly debate on 28 January 2003 (3rd Sitting) (see Doc.9640 rev., report of the Committee on Culture, Science and Education, rapporteur: Mrs Isohookana-Asunmaa).

Text adopted by the Assembly on 28 January 2003 (3rd Sitting).

[37] Assembly debate on 27 January 2004 (3rd Sitting) (see Doc.10029, report of the Committee on Culture, Science and Education, rapporteur: Mr Mooney).

Text adopted by the Assembly on 27 January 2004 (3rd Sitting).