Ministers' Deputies
CM Documents

CM(2000)106 Addendum( 1 ) (Restricted) 28 July 2000
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Item 3 on the agenda: Finalisation of the preparation of the 6^th European Ministerial Conference on Mass Media Policy (Cracow, 15-16 June 2000)

4. The CDMM examined the draft Declaration as revised by its Bureau at the meeting on 10-11 April 2000 (cf document CDMM (2000) Misc 10) with a view to finalising it. In doing so, it reviewed the written proposals for amendments submitted by some delegations (cf document CDMM (2000) 26 rev).

5. The CDMM endorsed the proposal of the German delegation that a reference to the maintaining of pluralism be added to the first paragraph of the section on "Activities relating to pluralism of services and content".

6. As regards the amendments proposed by the Russian Federation, the CDMM decided not to follow the suggestion of adding "the formation of a democratic Information Society" to the second paragraph of the preamble, since there was no Council of Europe instrument binding the member States in the area of the Information Society to date.

7. As regards the proposal that the words "complete, as soon as possible" be replaced by "continue" in the second indent of the section on "Activities relating to the balance between freedom of expression and information and other rights and legitimate interests", the CDMM considered it preferable to retain the word "complete", since work was already under way within the Group of Specialists on media law and human rights (MM-S-HR). Nevertheless, it was decided to delete the words "as soon as possible", as it was uncertain when the work would be completed.

8. Several experts were against the proposal to add a new paragraph to this section, referring to dissemination in the media of information serving to provide publicity for or justification of terrorism and extremism. While appreciating the concerns that had prompted the proposal from the delegation of the Russian Federation, some experts feared that such wording might be interpreted by governments in certain cases as a licence to undermine freedom of expression and media freedom. It was pointed out that extremism was a vague notion open to varying interpretations and not reprehensible per se.

9. Furthermore, one expert thought the Russian Federation's proposal superfluous, as the Council of Europe had already prepared texts on hate speech (Committee of Ministers Recommendation No. R (97) 20) and on the media and the promotion of a culture of tolerance (Recommendation No. R (97) 21). Finally, one expert observed that the question of extremism and terrorism was not a problem of pan-European dimensions and not such a pressing issue that it had to be included in the CDMM's future programme of action.

10. On the other hand, one expert backed the Russian Federation proposal, suggesting that it be included elsewhere in the draft Declaration.

11. Following discussion as to whether the concerns of the Russian Federation might be reflected in different wording and given the continuing disagreement within the CDMM, the expert of the Russian Federation decided to withdraw the aforementioned proposal for amendment.

12. Finally, several experts were against the proposal that the fourth indent be amended to mention the protection of consumer rights. Consequently, the Russian Federation expert withdrew the proposal.

13. While appreciating the CDMM's concern that the specific matter of public service broadcasting be dealt with in the draft Declaration, the observer of the act pointed out that the text would not be balanced if it totally ignored the potential contribution of other broadcasters. He suggested that reference be made to the dual broadcasting system in section III.

14. However, some experts were against this proposal and took the view that it was for each State to organise its own broadcasting system and to decide whether or not to establish a dual system.

15. Following discussion, it was agreed to include a reference to the dual broadcasting system in the fifth indent of section III, prefacing it with the words "where applicable".

16. The CDMM was informed of two proposed amendments submitted by the Parliamentary Assembly. Following discussion, the Committee agreed that the proposals should be reflected in the text.

17. Finally, the CDMM endorsed a number of editing changes suggested by the Secretariat. However, the Committee decided not to delete the reference to co-operation with other relevant Council of Europe bodies, which it considered worthy of inclusion in the draft Declaration.

(ii) Other questions

18. The CDMM reviewed the programme of the Ministerial Conference (cf. document MCM (2000) OJ Prog). It was pointed out that the Conference should provide an opportunity to organise real debate between the Ministers and that their statements should be kept brief.

Item 4 on the agenda: Draft European Convention for the protection of the audiovisual heritage and draft Protocol on the protection of television productions

19. It was recalled that, at its last meeting (14-17 March 2000), the CDMM had postponed approval of the draft Convention pending receipt in writing of the proposals for amendment presented orally by the French expert in respect of the draft Explanatory Report to the draft Convention. At the same meeting, the German expert had also expressed reservations as to the wording of Article 18 paragraph 5 of the draft Convention.

20. The CDMM noted the proposals prepared by its Bureau at the meeting of 10-11 April 2000 for amendments to the draft Explanatory Report in the light of the written proposals of the French expert and the counter-proposals drafted by the EBU and by Mr J. LIEDES, former chairperson of the Working Party (GT-PA) which had finalised the draft Convention.

21. The CDMM endorsed the Bureau's proposals with one exception, concerning paragraph 43 of the draft Explanatory Report. Following discussion, it was noted that one solution would be to dissociate the issue of the protection of moral rights from the reference to Article 9 of the Berne Convention for the protection of literary and artistic works.

22. The observer of the EBU suggested contacting the legal department of his Organisation with a view to assessing whether this solution would be correct from the viewpoint of the protection of copyright and neighbouring rights. The legal department's opinion would be passed on to the Bureau of the CDMM at its meeting on 22-23 June 2000, so that the Bureau could adopt a position, on behalf of the CDMM, with a view to the draft Convention and its draft Explanatory Report being finalised by the Culture Committee (CC-Cult) at its meeting on 19-21 September 2000.

23. With regard to Article 18 paragraph 5 of the draft Convention, the CDMM endorsed a proposal by the German expert to reword this provision (cf. document CDMM (2000) Misc 13).

24. In conclusion, the CDMM requested the Chairperson of the CC-Cult, present at its meeting, to pass on its conclusions to that Committee. The expert of the Russian Federation indicated that his country's authorities might submit proposals for amendment after examining the draft texts. The Chairperson stressed that any such proposals should be forwarded to the Secretariat as quickly as possible. She hoped that the lengthy efforts to prepare the draft Convention and the draft Protocol would not be called into question just as work was nearing completion.

Item 5 on the agenda: Draft European Convention on the legal protection of services consisting of, or based on, conditional access

25. The CDMM examined the proposed amendments submitted by the delegation of the Russian Federation as regards the 9th paragraph of the preamble and Articles 4 and 5 of the draft Convention, as well as an alternative proposal from the Council of Europe's Legal Department (cf. document CDMM (2000) Misc 12). Following discussion, the expert of the Russian Federation expressed that he was willing to accept the alternative version. Nevertheless, two experts felt that the text proposed by the Legal Department for Article 4 was too broad, since it referred to other activities without specifying which.

26. Following discussion, it was finally agreed to retain the alternative text suggested by the Legal Department. It was noted in this connection that although the wording proposed for Article 4 was broad, it nevertheless fell within the limited scope defined in Article 1.

27. At the suggestion of one expert, it was agreed to supplement the last sentence of the new explanatory text proposed by the Secretariat where Article 4 was concerned, in order to clarify that the effects of a declaration by one Party to the Convention in application of that article would be limited to that Party alone.

28. In conclusion, the CDMM agreed to forward the revised draft Convention and draft Explanatory Report to the Committee of Ministers, asking the latter to adopt it and open it for signature and to authorise publication of the Explanatory Report.

Item 6 on the agenda: Preparation of the work programme for the year 2001 and working methods of the CDMM and its subordinate bodies

29. The Secretariat provided oral information on progress in preparing the Council of Europe budget for the year 2001. The CDMM agreed that the precise content of its work programme would have to be established in the light of the Declaration to be adopted at the Ministerial Conference. In order to prepare discussion of the matter by the CDMM at its next meeting, the Bureau would meet on 22 and 23 June with a view to drawing up proposals on the basis of the Declaration.

30. Certain experts stressed the need, as of now, to heighten the political role of the CDMM, through examination of particularly topical issues in the field of media law and policy. Particular reference was made to the impact of convergence on the framework of regulation of conventional media and new communications services. One expert noted that the heightening of the CDMM's political role raised the question of the means required to lend its work greater transparency and a higher profile.

31. Another expert suggested that CDMM meetings be cut down to 3 days and that, inversely, its subordinate bodies met more often so that they could progress more rapidly in their work.

32. It was agreed to bear these proposals in mind when the CDMM determined the content of its work programme for the year 2001 at its next meeting.

Item 7 on the agenda: Items to be included on the agenda of the 54th meeting of the CDMM (17-20 October 2000)

33. The CDMM reviewed a list of items proposed by the Secretariat for inclusion on the agenda of its next meeting (cf. document CDMM (2000) 24). It was agreed that the question of the work programme for 2001 should be tackled immediately after the exchange of views on the results of the Ministerial Conference in Cracow, as the two items were closely linked. The Secretariat was asked to prepare the agenda for the next meeting accordingly.

(i) Request for observer status on the CDMM and the MM-S-PR submitted by the International Federation of Journalists (IFJ)

(ii) Request for observer status on the MM-S-NT submitted by Audiovisual EUREKA

(iii) Request for observer status on the CDMM submitted by the International League against Racism and Anti-semitism (LICRA)

34. The CDMM examined the three requests together. The Chairperson indicated that, at its meeting on 10-11 April 2000, the Bureau had recommended that the restrictive policy followed by the CDMM as regards the admission of observers should not be discontinued. While agreeing with this approach, one expert noted that it might be difficult to refuse observer status to an organisation such as the International Federation of Journalists while others such as the EBU and the ACT already sat as observers on the CDMM.

35. It was agreed to take a final decision on these requests at the next meeting, when the CDMM reviewed its terms of reference and those of its subordinate bodies in connection with the preparation of the work programme for 2001.

(iv) Dates of meetings

36. The CDMM agreed to hold its next meeting in Strasbourg from 17 to 20 October 2000.

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

Andorra/Andorre:[Apologised/Excusé]

Austria/Autriche: Mr Matthias TRAIMER, Head of Department Media Affairs, Federal Chancellery, WIEN

Belgium/Belgique: M. Michel HERCKENS, Conseiller Adjoint, Direction des Droits de l’Homme, Ministère des Affaires Etrangères, BRUXELLES; M. Dominique VOSTERS, Directeur, Service général de l'audiovisuel et des multimédias, Ministère de la Communauté française, BRUXELLES; M. Marc CHATELET, Adjunct van de directeur, Administratie Media, Afdeling Media en Film, Ministerie van de Vlaamse Gemeenschap, BRUSSEL

Bulgaria/Bulgarie: Mr Stoyan RAICHEVSKY, Chairman of the Committee on Culture and Media, National Assembly, SOFIA; M. Nicolas DIKOV, Chef du Département des organisations spécialisées dans les communications, Ministère des Transports et des Communications, SOFIA; Mr Radomir TCHOLAKOV, Executive Director, Bulgarian National Television, SOFIA

Croatia/Croatie: Mme Daša BRADICIC, Ambassador, Ministry of Foreign Affairs, ZAGREB

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

Czech Republic/République Tchèque: Mme Jaromina MIZEROVA, Vice Director of Foreign Relations Department, Ministry of Culture, Prague; Mr Zdenek PRIHODA, Foreign Relations Department, Ministry of Culture, PRAGUE

Denmark/Danemark: Mr Lars M. BANKE, Head of Division, Ministry of Culture, COPENHAGEN; Mr Jan OPSTRUP POULSEN, Head of Section, Ministry of Culture, COPENHAGEN

Estonia/Estonie: Mr Peeter SOOKRUUS, Head of Department, Ministry of Culture, TALLIN

Finland/Finlande: Mrs Liisa ERO, Director of the Mass Media Unit, Ministry of Transport and Communications, HELSINKI; Mr Ismo KOSONEN, Senior Adviser, Ministry of Transport and Communications, HELSINKI; Ms Kristina HAUTALA-KAJOS, Senior Adviser, Ministry of Education, Science and Culture, HELSINKI; Mr Olli-Pekka RANTALA, Research Officer, Ministry of Transport and Communications, HELSINKI

France: M. Valéry FRELAND, Direction de l’Audiovisuel extérieur et des techniques de communication, DAAE, Ministère des Affaires Etrangères, PARIS; M. Olivier MARTIN, Service juridique et technique de l'information du Premier Ministre, PARIS

Georgia/Géorgie: Ms Nana AVALIANI, Ministry of Foreign Affairs, TBILISI

Germany/Allemagne: Mr Bernd MÖWES, Head of Section, ‘National and International Media’, Federal Chancellery, BERLIN; Mr Frithjof BERGER, Office of the Federal Government Commissioner for Culture and the Media, BONN; Mr Bernd FLOEGEL, State Chancellery of the Land of Brandenburg, POSTDAM

Greece/Grèce: Mme Maria VLACHOU, Ministère de la Presse et des Media, Chef du Service Médias, ATHENES

Hungary/Hongrie: Mr Mark LENGYEL, Head of Department, National Radio and Television Commission, BUDAPEST

Iceland/Islande: Ms Laufey GUDJONSDOTTIR, Programme Director, Iceland National Broadcasting, REYKJAVIK

Ireland/Irlande: [Apologised/Excusé]

Italy/Italie: Mme Madga GUERRA, Chef du Service pour les relations internationales, Présidence du Conseil des Ministres, ROME ; Mme Alessandra PARADISI, Relations internationales, RAI, ROME

Latvia/Lettonie: Mr Janis SILIS, Head of Press Centre, Ministry of Foreign Affairs, RIGA

Liechtenstein: [Apologised/Excusé]

Lithuania/Lituanie: [Apologised/Excusé]

Luxembourg: Mme Isabelle MARINOV, Ministère d'Etat, Service des Médias et de l'Audiovisuel, LUXEMBOURG

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

Moldova: [Apologised/Excusé]

Netherlands/Pays-Bas: Mr Herman C. VAN DER PLAS, Senior Policy Adviser, Broadcasting and Press, Department for Media, Literature and Libraries (MLB), Ministry of Education, Culture and Science, ZOETERMEER

Norway/Norvège: Ms Nina ØKLAND, Vice-Chairperson/Vice-Présidente, Assistant Director General, Ministry of Cultural Affairs, OSLO

Poland/Pologne: Mr Karol JAKUBOWICZ, Polish Television, Head of Strategic Planning, WARSAW ; Madame Izabella CHRUSLINSKA, National Broadcasting Council, WARSAW; Ms Halina ROSTEK, National Broadcasting Council, WARSAW; Mr Wojciech DZIOMDZIORA, Advisor to the Minister of Culture, Ministry of Culture, WARSAW

Portugal: Mme Teresa RIBEIRO, Présidente de l’Institut de la Communication Sociale, Presidencia do Conselho de Ministros, LISBONNE; M. José SASPORTES, Membre de la Haute Autorité de la Communication Sociale, LISBONNE

Romania/Roumanie: M. Valeriu GUGUIANU-TINCU, Expert, Direction de la Presse, Département de la Communication, BUCAREST

Russian Federation/Fédération de Russie: Mr Boris N. MALAKHOV, Deputy Director, Press and Information Department, Foreign Ministry of the Russian Federation, MOSCOW

San Marino/Saint Marin: [Apologised/Excusé]

Slovakia/Slovaquie: Mrs Bozena KRIZIKOVA, Head of European Integration Department, Ministry of Culture, BRATISLAVA

Slovenia/Slovénie: M. Matjaz JARC, Chef de la Division des Médias, Ministère de la Culture, LJUBLJANA

Spain/Espagne: M. Jose Juan BARTOLOME PINA, Conseiller, Direction Générale pour le développement de la Société de l’Information, MADRID

Sweden/Suède: Mrs Kerstin PERSDOTTER, Director, Media Division, Ministry of Culture, STOCKHOLM ; Mr Göran ROOS, Desk Officer, Ministry of Culture, Media Division, STOCKHOLM

Switzerland/Suisse: M. Frédéric RIEHL, Vice-Directeur, Division des Affaires Internationales, Office Fédéral de la Communication, BIENNE

"The Former Yugoslav Republic of Macedonia"/« L'ex-République Yougoslave de Macédoine»: Mr Dimitar GUZELOV, Assistant to the Minister of Information, SKOPJE

Turkey/Turquie: Mrs Sebnem BILGET, Head of International Relations Department, Radio and Television Supreme Council, ANKARA : Mrs Belma ÖRS, Media Expert, Radio and Television Supreme Council, ANKARA

Ukraine: Ms Katerina LAVRINENKO-OMETSINSKAYA, Head of International Relations Department, State Information Policy, Television and Radio Committee of Ukraine, KYIV

United Kingdom/Royaume-Uni: Ms Carolyn MORRISON, Chairperson/Présidente, Department for Culture, Media and Sport, LONDON ; Ms Dorothy FORD, International Broadcasting Branch, Department for Culture, Media and Sport, LONDON

Parliamentary Assembly/Assemblée Parlementaire: Ms Tytti ISOHOOKANA-ASUNMAA, Chairperson, Sub-Committee on the Media of the Parliamentary Assembly; Mr Jerzy JASKIERNIA, Chairperson of the Sub-Committee on Human Rights, Committee on Legal Affairs and Human Rights,

Congrès des Pouvoirs Locaux et Régionaux de l'Europe CPLRE): [Apologised/Excusé]

Council for Cultural Co-operation/Conseil de la Cooperation Culturelle (CDCC) : Ms Pirkko RAINESALO, Special Government Advisor, Ministry of Education, Vice-Chairperson of the Culture Committee, Department for Cultural Policy, HELSINKI

European Commission/Commission européenne : M. Pedro OSONA, Administrateur Principal, Direction Générale Education et Culture, BRUXELLES

OBSERVERS/OBSERVATEURS

Armenia/Arménie : Mr Michael BAGRATUNI, Head of Media Relations Division, Department of Public Affairs, Ministry of Foreign Affairs, YEREVAN

Azerbaïdjan : [Apologised/Excusé]

Canada : Mr Artur WILCZYNSKI, Senior Policy Advisor, International Relations, Department of Canadian Heritage, QUEBEC

Holy See/Saint-Siège : Rev. Patrick CASSERLY, Conseil Pontifical pour les Communications Sociales, CITE DU VATICAN

Japan/Japon : [Apologised/Excusé]

Mexico/Mexique : [Apologised/Excusé]

United States of America/Etats-Unis d’Amérique : [Apologised/Excusé]

Organisation for Security and Co-operation in Europe (OSCE)/Organisation pour la Sécurité et la Coopération en Europe (OSCE) : [Apologised/Excusé]

Association of Commercial Television in Europe (ACT)/Association des Télévisions Commerciales Européennes (ACT) : Mr Ross BIGGAM, Director General, BRUSSELS; Mme Anja BUNDSCHUH, Consultant, European Affairs – Teleclub, BRUSSELS

Audiovisual EUREKA/EUREKA Audiovisuel : Mr Ezio BUSSOLETTI, Deputy Director, Audiovisual EUREKA, BRUSSELS

European Audiovisual Observatory/Observatoire européen de l'audiovisuel : Mr Nils Klevjer AAS, Executive Director, European Audiovisual Observatory, STRASBOURG; Mr Markus BOOMS, European Audiovisual Observatory, Marketing Officer, STRASBOURG

European Broadcasting Union/Union européenne de Radio-Télévision : M. Jacques BRIQUEMONT, Délégué aux organisations européennes, Union Européenne de Radio-Télévision, BRUXELLES

Nordic Council of Ministers/Conseil des Ministres Nordique : [Apologised/Excusé]

Mr Pierre-Henri IMBERT, Director General of Human Rights - Directeur Général des Droits de l’Homme; Mr Hanno HARTIG, Head of Media and Equality Department, Directorate General of Human Rights - DG II / Chef du Service Médias et Egalité, Direction Générale des Droits de l’Homme - DG II; Mr Christophe POIREL, Head of Media Division, Directorate General of Human Rights - DG II/ Chef de la Division Media, Direction Générale des Droits de l’Homme - DG II (Secretary to the Committee/Secrétaire du Comité) ; Mr Ramon PRIETO SUAREZ, Administrator, Media Division, Directorate General of Human Rights - DG II/Administrateur, Division Media, Direction Générale des Droits de l’Homme - DG II ; Mr Rüdiger DOSSOW, Administrator, Media Division, Directorate General of Human Rights - DG II/Administrateur, Division Media, Direction Générale des Droits de l’Homme - DG II ; Mme Elisabeth ROHMER, Administrator, Cultural Policy and Action Department / Administratrice, Service des Politiques et Actions culturelles ; Ms Bonnie THEOPHILOVA, Co-Secretary of the Committee on Culture and Education of the Parliamentary Assembly / Co-Secrétaire de la Commission de la Culture et de l’Education de l’Assemblée Parlementaire

Interpreters/Interprètes : Monsieur Derrick WORSDALE; Madame Angelika HODONSKY; Madame Renate HORAK

Appendix II

1. Opening of the meeting

2. Adoption of the agenda

3. Finalisation of the preparation of the 6th European Ministerial Conference on Mass Media Policy Cracow, 15-16 June 2000)

(i) Draft Political Declaration ("A media policy for tomorrow")

(ii) Other questions

4. Draft European Convention for the protection of the audiovisual heritage and draft Protocol on the protection of television productions

5. Draft European Convention on the legal protection of services consisting of, or based on, conditional access

6. Preparation of the work programme for the year 2001 and working methods of the CDMM and its subordinate bodies

7. Items to be included on the agenda of the 54th meeting of the CDMM (17-20 October 2000)

8. Other business

(i) Request for observer status on the CDMM and the MM-S-PR submitted by the International Federation of Journalists (IFJ)

(ii) Request for observer status on the MM-S-NT submitted by Audiovisual EUREKA

(iii) Request for observer status on the CDMM submitted by the International League against Racism and Anti-semitism (LICRA)

(iv) Dates of meetings

Footnote

1. This report is intended to complement the list of decisions to be submitted to the Committee of Ministers in document CM(2000)106.