Ministers’ Deputies

CM Documents

CM(2005)195    21 December 2005[1]

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953 Meeting, 18 January 2006
5 Media

5.2 Steering Committee on the Media and New Communication Services (CDMC)

Abridged report on the 2nd meeting (Strasbourg, 29 November to 2 December 2005)

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1.         The Steering Committee on the Media and New Communication Services (CDMC) held its 2nd meeting from 29 November to 2 December 2005 in Strasbourg. The meeting was chaired by Mr Karol JAKUBOWICZ (Poland). The agenda of the meeting is reproduced as Appendix I to this abridged report.

Items requiring a decision by the Committee of Ministers

2.         The CDMC noted that, at its 33rd session (3 to 21 October 2005), the General Conference of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) adopted a Convention on the protection and promotion of the diversity of cultural expressions. This Convention has major points in common with a number of Council of Europe instruments, including several Committee of Ministers declarations and recommendations concerning the media.

Following consultation with the Council of Europe bodies responsible for culture, the CDMC agreed to submit a draft text to the Committee of Ministers recommending that member states ratify at the earliest opportunity the Convention on the protection and promotion of the diversity of cultural expressions.  The Committee of Ministers is invited to take note, possibly with satisfaction, of the draft recommendation without formally adopting a position at this stage as it is under examination by the GR-C (cf. Appendix II). Having regard to the message from the Committee of Ministers to the committees involved in intergovernmental cooperation (CM(2005)145-rev), the CDMC would underline that this contributes to the implementation of the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe (by reference to the Action Plan adopted at the 7th European Ministerial Conference on Mass Media Policy).

3.         As had been decided at the previous meeting, the CDMC carried out an in-depth review of its terms of reference (which expire on 31 December 2005) to ensure that they fully cover the Action Plan adopted at the 7th European Ministerial Conference on Mass Media Policy (Kyiv, 10 and 11 March 2005), taking account of the priorities identified by the Third Summit and the central importance of human rights in the Steering Committee’s work. The Committee of Ministers is requested to consider the draft new terms of reference prepared by the CDMC (cf. Appendix III) and, if appropriate, to adopt them.

Items submitted to the Committee of Ministers for information

4.         The CDMC discussed the question of Internet governance. It concluded that Council of Europe human rights standards should be promoted in this domain. The CDMC decided to transmit a message to the Committee of Ministers underlining the importance for the Council of Europe to be actively and directly involved in the World Summit on the Information Society (WSIS) follow-up and implementation phase, in particular as regards the new multi-stakeholder Internet Governance Forum (IGF) which will pursue dialogue on policy matters (cf. Appendix IV).

5.         By decision of 24 November 2004, the Committee of Ministers instructed the Steering Committee inter alia to look into “the alignment of laws on defamation with the relevant case-law of the European Court of Human Rights, including the issue of decriminalisation of defamation”.

The CDMC pursued consideration of the matter through an exchange of views on the issue of decriminalisation of defamation with Mr Alain LACABARATS, Chairperson of the Consultative Council of European Judges (CCJE), Mr Alexey KOJEMIAKOV, Secretary to the European Committee on Legal Co‑operation (CDCJ), Mr Philippe BOILLAT, former member of the CDCJ and former Chairperson of the Steering Committee for Human Rights (CDDH), and Mr Humbert de BIOLLEY, Deputy Secretary of the European Committee on Crime Problems (CDPC), as well as Mr Alexander IVANKO (on behalf of the OSCE Representative on Freedom of the Media). It emerged that the above-mentioned guests shared the view that, in the interest of preserving the right to freedom of expression and information, the objective should be to decriminalise defamation (except as regards particularly grave conducts which are relevant to society at large sometimes considered together with defamation, such as hate speech and incitement to violence).

The CDMC requested the Secretariat to prepare a draft response to the Committee of Ministers having regard to the Steering Committee’s discussions. The draft should set out in clear terms the relevant case-law of the European Court of Human Rights and identify the principles that flow from it; it should also outline the different views expressed by delegations concerning the questions of alignment and decriminalisation. The draft should be circulated to CDMC members by 31 January 2006 in order for them to provide comments in good time for the Secretariat to produce a revised version well in advance of the next CDMC meeting (to be held from 29 May to 3 June 2006). 

6.         The CDMC held an exchange of views on the future of the European Convention on Transfrontier Television. It considered that, when revised, the Convention should be brought into line with the new European Union Directive currently under preparation on audiovisual media services (the former “Television without Frontiers” Directive), while leaving open the possibility of also including certain questions falling within the Council of Europe remit. The members also expressed the view that steps should be taken to encourage ratification of the Convention by additional Council of Europe member states as well as by other countries. The German delegation said that, in the absence of instructions from its government, it could not, at this stage, adhere to this position.

7.         The CDMC noted that the Committee of Ministers has given it observer status in the Group of Specialists on access to official documents (DH-S-AC), subordinate to the Steering Committee for Human Rights (CDDH). It decided that, resources permitting, the CDMC should be represented in that group by Ms Şebnem BİLGET (Turkey).

Further, the CDMC welcomed the suggestions made by two other Council of Europe bodies, namely the Committee of Experts on Issues Relating to the Protection of National Minorities (DH-MIN) and the Consultative Council of European Judges (CCJE), to cooperate in the context of specific issues they envisage considering in the near future. The issues in question concern, respectively, access of minorities to print media and relations between the judiciary and the media. The CDMC confirmed that, as indicated by the Bureau in response to the request for comments on a draft Recommendation on relations between health authorities and the media prepared by the European Health Committee (CDSP), it would be preferable to prepare a text of a general nature regarding relations between public authorities and the media. The CDMC stands ready to prepare such a text.

8.         The CDMC continued its consideration of the draft Recommendation on the right of the public to information on major events where exclusive rights have been acquired. Although some delegations supported the draft, many had reservations concerning all or substantial parts of the text. Consequently, the CDMC decided to discontinue work on the draft Recommendation.

9.         The CDMC noted that Iceland had not yet been included in any of its subordinate groups of specialists (i.e. with reimbursement by the Council of Europe of expenses resulting from their participation). At the request of the Icelandic authorities, the Steering Committee agreed to include Iceland among the countries listed in the terms of reference of the Group of Specialists on Public Service Broadcasting in the Information Society (MC-S-PSB).

10.        The CDMC examined a request by the non-governmental organisation Online/More Colour in the Media (OL/MCM) for observer status with the CDMC and two of its subordinate groups (the Group of Specialists on human rights in the Information Society (MC-S-IS) and the Group of Specialists on media diversity (MC-S-MD)). It agreed to grant OL/MCM observer status only with the MC-S-MD.

11.        With a view to providing maximum transparency to its work, the CDMC adopted rules on classification and publication of documents. It decided also to transmit them to the Standing Committee on Transfrontier Television, inviting the latter to consider adopting a similar approach.

12.        In addition, the CDMC held elections to its Bureau (Chair, Vice-Chair and three Bureau members), resumed consideration of copyright in the context of its work and took note of progress made by, and provided further guidance to, its subordinate bodies in their work.

Finally, the CDMC held an exchange of views on the situation of freedom of expression and information in Belarus. Many participants expressed the view that Belarusian media operate in very adverse conditions and that the Council of Europe should support democratic reform and the upholding of human rights in Belarus, prominently including the right to freedom of expression and information.

APPENDIX I

1.         Opening of the meeting

2.         Adoption of the agenda

3.         Decisions of the Committee of Ministers of interest to the work of the CDMC

a.         Message from the Committee of Ministers to the committees involved in intergovernmental cooperation at the Council of Europe

b.         Other decisions of the Committee of Ministers

4.         Terms of reference of the CDMC

a.            Draft terms of reference of the CDMC

b.         Request by the non-governmental organisation Online/More Colour in the Media (OL/MCM) for observer status with the CDMC, the MC-S-IS and the MC-S-MD

5.         Work programme of the CDMC in 2006

6.         Working methods of the CDMC

a.            Taking a stand on cases involving grave and systematic violations of the right to freedom of expression and information

b.            Classification and publication of documents of the CDMC and its subordinate bodies

c.            Adoption of meeting reports and lists of decisions (abridged meeting reports)

7.         Draft Recommendation on the right of the public to information on major events where exclusive rights have been acquired

8.         Examination of the alignment of the laws on defamation with the relevant case-law of the European Court of Human Rights, including the issue of decriminalisation of defamation

a.          Exchange of views with guest speakers

b.         Report of the informal working group on the decriminalisation of defamation

c.          Draft reply of the CDMC to the Committee of Ministers

9.         European Convention on Transfrontier Television

10.        Copyright in the context of the work of the CDMC

a.          Preliminary report by the informal working group on copyright issues

b.         Exchange of views on this subject

11.        Work of the CDMC’s subordinate bodies

a.          Group of Specialists on freedom of expression and information in times of crisis (MC-S-IC)

(i)             Work of the MC-S-IC

(ii)            Conference “Safeguarding Free Speech and the Right to Information: Media in Times of Crisis”

(iii)        Proposals on action to be taken on, or amendments required to, the terms of reference of the MC-S-IC

b.         Group of Specialists on public service broadcasting in the Information Society (MC-S-PSB)

c.          Group of Specialists on media diversity (MC-S-MD)

d.         Group of Specialists on human rights in the Information Society (MC-S-IS)

(i)             Work of the MC-S-IS

(ii)            Pan-European Forum “Human Rights in the Information Society: Responsible Behaviour by Key Actors”

(iii)           World Summit on the Information Society (WSIS) parallel event: “From here to e‑democracy – promoting e-participation and dealing with harmful content”

12.          Internet governance

13.        Information on the work of other Council of Europe bodies of interest to the work of the CDMC

a.          Parliamentary Assembly of the Council of Europe

b.         Congress of Local and Regional Authorities of the Council of Europe

c.          Steering Committee for Human Rights (CDDH)

d.         Consultative Council of European Judges (CCJE)

e.          Integrated Project “Good Governance in the Information Society”

f.          Committee of Experts on Issues Relating to the Protection of National Minorities (DH-MIN)

14.        Other information of interest to the work of the CDMC

a.            The second phase of the World Summit on the Information Society

b.            Report on the United Kingdom Presidency of the European Union

c.         Adoption by UNESCO of the Convention on the protection and promotion of the diversity of cultural expressions

15.        Dates of the next meetings

16.        Items to be included on the agenda of the 3rd meeting of the CDMC

17.        Elections to the Bureau of the CDMC

18.        Other business

a.            Belarus: the situation as regards freedom of expression and information and possible action by the CDMC

b.         Draft Recommendation concerning the UNESCO Convention on the protection and promotion of the diversity of cultural expressions

19.        List of decisions

 

APPENDIX II

Draft Recommendation by the Committee of Ministers to member States Concerning the UNESCO Convention on the protection and promotion of the diversity of cultural expressions

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Recallingthat, under the terms of the Universal Declaration of Human Rights, everyone is entitled to the realization of cultural rights indispensable for her or his dignity and the free development of her or his personality and has the right freely to participate in the cultural life of the community;

Recallingalso that the aims of the Council of Europe shall be pursued through the discussion of questions of common concern and by agreements and common action inter alia in cultural matters;

Underlining, in this connection, the importance of the right to freedom of expression, which includes freedom to hold opinions and to receive and impart information and ideas without interference;

Noting that, at its 33rd session (3 to 21 October 2005), the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) adopted a Convention on the protection and promotion of the diversity of cultural expressions, which:

-           reaffirms the sovereign right of states to formulate and implement their cultural policies and to adopt measures to protect and promote the diversity of cultural expressions;

-           attaches considerable importance to international and regional cooperation with a view to the creation of conditions conducive to the promotion of the diversity of cultural expressions, notably in order to facilitate dialogue on cultural policy which, in turn, may involve regulatory measures, financial assistance, the establishment of and support to public institutions and enhancing diversity of the media including through public service broadcasting;

Observingthe commonality between the objectives and guiding principles set out in the above-mentioned UNESCO Convention and a number of Council of Europe instruments, notably the European Cultural Convention, adopted on 19 December 1954, and certain Committee of Ministers declarations and recommendations concerning the media;

Noting that the said UNESCO Convention will enter into force after ratification, acceptance, approval or accession by thirty states or regional economic integration organisations,

Welcomes the adoption by the General Conference of UNESCO of the Convention on the protection and promotion of the diversity of cultural expressions;

Recommendsthat, at the earliest opportunity, Council of Europe member states ratify, accept, approve or accede to the UNESCO Convention on the protection and promotion of the diversity of cultural expressions.

APPENDIX III

Draft terms of reference of the Steering Committee on the Media and New Communication Services (CDMC)

Specific terms of reference

1.          Name of committee:

STEERING COMMITTEE ON THE MEDIA AND NEW COMMUNICATION SERVICES (CDMC)

2.         Type of committee:

Steering Committee

 

3.         Source of terms of reference:

Committee of Ministers

4.         Terms of reference:

Having regard to the Statute of the Council of Europe, the principles enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the relevant case-law of the European Court of Human Rights, and to the objectives spelt out for the Council of Europe at the Summits of Heads of State and Government of the Organisation and taking account, in particular, of the orientations provided at the European Ministerial Conferences on the Media and New Communication Services, the Steering Committee on the Media and New Communication Services shall, within the framework of the annual Programme of Activities (projects 2004/DG2/40, 2004/DG2/41 and 2004/DG2/33):

i.          pursue pan-European cooperation in the field of the media and new communication services with a view to protecting, promoting and facilitating the exercise of human rights and fundamental freedoms, in particular freedom of expression and information in a pluralistic democratic society and the free flow of information and ideas across frontiers, and with a view to fostering a plurality of independent means of public communication which reflect a wide diversity of opinions and cultures;

 

            to this effect, work out, in a pan-European perspective, concerted policy measures and appropriate instruments, particularly in respect of the media in times of crisis, media pluralism and cultural diversity, social cohesion, digital inclusion and media literacy, as well as public service media, addressing issues raised notably by the functioning of means of public communication in the Information Society and their impact on human rights and democratic values;

in this connection, take account of technological, legal, political and economic changes which concern means of public communication, their operation and governance, in particular in the context of globalisation and the evolution of communication services in the Information Society;

ii.         monitor the implementation by member states of non-binding instruments prepared under its authority with a view, where necessary, to identifying and proposing further action;

iii.         follow-up, in its area of competence, the monitoring procedure of the Committee of Ministers concerning freedom of expression and information, on the basis of the relevant decisions of the Committee of Ministers;

iv.        draw the attention of the Committee of Ministers and the Secretary General of the Council of Europe to cases involving violations of freedom of expression and information;

v.         prepare the European Ministerial Conferences on the Media and New Communication Services and ensure their follow-up on the basis of the relevant decisions of the Committee of Ministers;

vi.        develop cooperation and exchanges with other countries and organisations, in particular in neighbouring regions of Europe, on questions falling within its area of competence;

vii.        having regard to the Secretary General's coordinating role, cooperate with other steering committees, ad hoc committees and any other structures set up within the framework of the Council of Europe dealing with issues of relevance to its work programme.

5.         Membership of the committee:

A.         Members

Governments of member states are entitled to designate a representative of the highest possible rank who is an expert in areas covered by these terms of reference; the representatives should be in a position to liaise with other relevant departments or agencies with a view to establishing the position to be adopted by that member state on issues dealt with by the CDMC.

The Council of Europe's budget bears travelling and subsistence expenses for one expert per member state (two in the case of the state whose representative has been elected to the Chair).

B.         Participants

i.          The Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe may send two representatives to meetings of the CDMC, at the charge of their administrative budgets and without the right to vote.

ii.         The Conference of International Non-Governmental Organisations of the Council of Europe may send representatives to meetings of the CDMC without the right to vote or defrayal of expenses.

iii.         The European Audiovisual Observatory may send a representative to meetings of the CDMC, at the charge of its administrative budget and without the right to vote.

C.         Other participants

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

ii.         The following observer states with the Council of Europe may send a representative to meetings of the CDMC without the right to vote or defrayal of expenses:

Canada

Holy See

Japan

Mexico

United States of America

iii.         The following intergovernmental organisations may send representatives to meetings of the CDMC without the right to vote or defrayal of expenses:

Nordic Council of Ministers (NCM)

Organisation for Security and Co-operation in Europe (OSCE)

United Nations Educational, Scientific and Cultural Organisation (UNESCO)

D.        Observers

            The following observers with the CDMC may send representatives to meetings of the Committee without the right to vote or defrayal of expenses:

Belarus

Association of Commercial Television in Europe (ACT)

European Broadcasting Union (EBU)

European Federation of Journalists (EFJ)

European Internet Service Providers’ Association (Euro-ISPA)

European Newspaper Publishers Association (ENPA)

6.         Working structures and methods:

Within the framework of its terms of reference, the CDMC shall have the possibility, as the case may be, to establish committees of experts, ad hoc advisory groups, etc. of limited membership for the consideration of specific issues. It will also have the possibility to have whatever contacts or consultations with professional or other bodies that it deems necessary for the implementation of its terms of reference.

The Bureau of the CDMC will comprise 7 members.

7.         Duration

These terms of reference shall be valid until 31 December 2008.

APPENDIX IV

Message from the Steering Committee on the Media and New Communication Services (CDMC) to the Committee of Ministers regarding Human Rights in the Information Society with particular reference to Internet governance

The CDMC has noted the results of the World Summit on the Information Society (WSIS) process, in particular the final documents adopted in Tunis, namely the Commitments and the Agenda for the Information Society. In these documents, reference is made inter alia to the right to freedom of expression and information, the independence, pluralism and diversity of media, the media’s ethical and professional standards, the management of the Internet with regard to the important role of International Organisations and the new multi-stakeholder Internet Governance Forum (IGF) which will pursue dialogue in policy matters[2].

The CDMC welcomes and fully supports the position stated by Ms Maud de Boer-Buquicchio, Deputy Secretary General, in her address to the WSIS in Tunis to the effect that the Council of Europe “must be party to discussions undertaken at every step of the way concerning Internet Governance and Human Rights”.

As the Deputy Secretary General pointed out in her address to the WSIS, one of the strengths of the Council of Europe lies in its political consultation structures and its relationships with civil society. In this connection, one should not forget its synergies with other international organisations and, especially, as regards areas covered by the work of the CDMC, its constructive relations with the private sector.

The CDMC would stress that an inclusive Information Society, based on the core values of the Council of Europe, requires new forms of solidarity, partnership and cooperation among and between governments, civil society, the private sector and international organisations.

Further, in the context of the Information Society and, more particularly, Internet governance, considerable weight should also be accorded to the standards already developed by the Council of Europe, especially in the area of freedom of expression and the free flow of information, and to its priorities concerning the protection of children and young people.

Having regard to the Action Plan adopted at the Third Summit of the Heads of State and Government of the Council of Europe, and the Declaration on Human Rights and the Rule of Law in the Information Society[3], the CDMC invites the Committee of Ministers to reaffirm the Council of Europe’s commitment to work in this area and to take an active part in the follow-up and implementation phase of the WSIS process, making the Organisation a fully-fledged partner in the discussions undertaken concerning Internet governance, thereby bringing a strong human rights dimension to the Internet Governance Forum.