Draft – 19 May 2023
|
Question |
State Reply |
Political commitment/strategy |
|
|
Since the adoption of the Recommendation in 2016, and the follow-up commitment expressed in 2021, has the Government expressed (for example through a declaration or other document/statement) political commitment on the issue of safety of journalists and other media actors, highlighting the important role of journalists in a democratic society? |
|
|
Has the government developed and adopted a dedicated national action plan/strategy on the safety of journalists, setting a comprehensive and effective programme of activity, with urgency-based priorities and adequate resources for their implementation? |
|
|
Does the government and do high-level politicians, from ruling and opposition parties, systematically and unequivocally denounce acts of violence or threats against journalists when these occur? |
|
Prevention |
|
Legal framework to ensure independence of the media and safeguard media pluralism (paragraph 1 of the Guidelines) |
|
|
Constitutional protection |
|
|
Is there effective constitutional protection of the right to freedom of expression, and how is this implemented in practice? Does constitutional protection expressly include: |
|
|
- editorial freedom of journalists |
|
|
- the right of access to information |
|
|
- the protection of confidential sources of information |
|
|
- media pluralism |
|
|
How are media freedom and its components as detailed above protected in national legislation or regulatory frameworks, and how is this implemented in practice? |
|
|
Media pluralism, transparency of ownership, and avoiding concentration of ownership |
|
|
- Does legislation require transparency of media ownership, including with regard to the beneficial owners of media companies, and is the resulting register accessible to the public? |
|
|
- Is concentration of media ownership restricted including by promoting effective competition and ensuring that no particular individual, company, or consortium of companies can acquire ownership or control of a large percentage of the media market within a sector or across different sectors? |
|
|
- Is there a regular independent monitoring and evaluation of the state of media pluralism and independence of the media? |
|
|
- How is the availability, findability and accessibility of the broadest possible diversity of media content promoted? |
|
|
- Have strategies and mechanisms to support professional news media and quality independent and investigative journalism been developed in a multi-stakeholder environment? |
|
|
- Is there a comprehensive regulatory framework for media ownership? |
|
|
Public support measures for media, especially independent media including regional, local, minority, and not-for-profit community media |
|
|
- Is there public support measures for media, especially independent media including regional, local, minority, and not-for-profit community media? |
|
|
- Are support measures should be based on clear, precise, equitable, and transparent criteria? |
|
|
- Do support measures respect the editorial and operational autonomy of the media? |
|
|
- Are support measures administered in a non-discriminatory and transparent manner by an independent body? |
|
|
- Are there annual reports on the use of public funds to support media? |
|
|
- Has a needs assessment of the financial sustainability of quality journalism been carried out? |
|
|
- Is there targeted support for specific types of journalism? |
|
|
- Is there support for the provision of local news in the public interest, and have measures been implemented to ensure that community and independent media have sufficient resources? |
|
|
- Are there viewpoint-neutral tax policies to support media innovation? |
|
|
- Are media outlets allowed to operate as non-profits and receive appropriate tax benefits? |
|
|
- Is there support for the innovation and the development of digital strategies and new services? |
|
|
Public service media |
|
|
- Is the editorial independence and operational autonomy of public service media, including by limiting the influence of the state? |
|
|
- Are the supervisory and management boards of public service media independent? |
|
|
- Is funding for public service media stable, long-term, sustainable, transparent and adequate? |
|
Legislative framework guarantees public access to information, privacy and data protection, confidentiality and security of communications and protection of journalistic sources and whistle-blowers (paragraph 2 of the Guidelines) |
|
|
Does the national legislative framework recognize the right of journalists and other media workers to have access to information? In particular: |
|
|
- Is access to information refused only if there is a clear risk of harm to a legitimately protected interest, and there is no overriding public interest in disclosure? |
|
|
- Is access to information granted in a timely manner? |
|
|
- Can journalists appeal refusals? |
|
|
- Is there an oversight body that has the resources to carry out effective supervision of the implementation of the law? |
|
|
- Are journalists not held liable for the publication of information on issues of public interest that has been ‘leaked’ to them? |
|
|
How does the national legislative framework effectively protect personal privacy and personal data protection for journalists and other media workers, in theory as well as in practice. In particular: |
|
|
- Does privacy and data protection law recognise a defence of publication in the public interest? |
|
|
- Do data protection laws effectively implement the journalistic exemption? |
|
|
- Do privacy and data protection laws effectively protect the privacy and data protection rights of journalists? |
|
|
How does the national legislative framework effectively protect confidentiality and security of communications of journalists and other media workers, in theory as well as in practice? In particular: |
|
|
- Are journalists targeted for surveillance, in particular investigative reporters who may be researching issues of corruption or organised crime? |
|
|
- What recourse do journalists have if they have been targeted with surveillance? |
|
|
How does the national legislative framework effectively protect confidentiality of journalistic sources of information, in theory as well as in practice? In particular: |
|
|
- Does national law recognise an absolute privilege for the protection of journalists’ sources? |
|
|
- Does national law only allow orders for the disclosure of journalists’ sources to be made for the prevention or investigation of cases involving national security, serious crime, or serious bodily harm, if the legitimate interest in the disclosure clearly outweighs the public interest in the non-disclosure, and reasonable alternative measures to the disclosure do not exist or have been exhausted? |
|
|
- Are journalists protected from being forced to disclose confidential sources of information in defamation cases? |
|
|
How does the national legislative framework effectively protect whistle-blowers against reprisals for disclosures made in the public interest, provided they have reasonable grounds to believe that the information concerned is true and disclosure is in the public interest, in theory as well as in practice? In particular: |
|
|
- Is whistle-blowing to the media allowed when internal reporting is unreliable or ineffective and there is a low prospect of the breach or alleged wrong-doing being effectively addressed? |
|
|
- Does it protect whistle-blowers against reprisals of any sort, including not only dismissal but also other measures such as demotion or re-assignment? |
|
|
- Is there practical assistance to whistle-blowers, including legal aid if needed? |
|
Legislative framework guarantees effective protection of all journalists and other media actors (paragraph 2 of the Guidelines) |
|
|
Does criminal law provide enhanced penalties for violence or threats against journalists and others who regularly publish on matters of public interest? |
|
|
Has online abuse been recognized as a criminal offence and do any such offences committed against journalists attract enhanced penalties? |
|
|
How does the criminal code effectively address the gender-dimensions of attacks against journalists and other media actors, including online? Has there been a review to determine whether this is effective? |
|
|
How does employment law effectively protect and contribute to the safety of journalists, in particular with regard to: |
|
|
- Protection against arbitrary dismissal or reprisals; |
|
|
- Ensuring that journalists may refuse editorial assignments when these conflict with their conscience or honestly held beliefs; |
|
|
- Adequate working conditions; |
|
|
- Ensuring suitable insurance for journalists, including access to professional legal, social, or psychological support services. |
|
|
Do freelancers have similar employment protections as employed journalists, and are they compensated for their relative position of disadvantage in continuity of employment and potential lack of benefits such as pension contributions and sick pay? |
|
Implementation of comprehensive legislative framework that enables journalists and other media actors to contribute to public debate effectively and without fear (paragraph 2 of the Guidelines, continued) |
|
|
Is there a national strategy or action plan that focuses on the continuous improved implementation of a comprehensive legislative framework that enables journalists and other media actors to contribute to public debate effectively and without fear? |
|
|
If so: |
|
|
- Does it have high level political leadership – specify how? |
|
|
- Is it based on a thorough assessment of the threats to journalists’ safety, including a clear gender analysis? |
|
|
- Does it include steps to prevent or mitigate gender-based threats and risks? |
|
|
- How does it ensure that all relevant risks are addressed (physical safety as well as digital risk, risks caused by precarious employment or working conditions, legal threats, threats to mental well-being, and any other relevant risks)? |
|
|
- Is there strong operational leadership and inter-agency coordination? |
|
|
- Has the action plan been drawn up in consultation with all stakeholders? |
|
|
- Does it engage journalists and civil society in genuine partnership in implementation? |
|
|
- Does it set specific goals, targets, and deadlinesthat are ambitious yet attainable, and that are likely to deliver real improvement? |
|
|
- Does it provide sufficient budget and other resources for the design, development, and implementation of actions? |
|
|
- Does the action plan include a commitment to regular review? |
|
|
- Is there coordination with coordination with action plans and activities in related areas, such as plans for the protection of human rights defenders or gender equality? |
|
|
If there is no action plan, what other effective mechanism is there to ensure that criminal law provisions protecting physical and moral integrity of journalists are implemented in an effective manner? In particular: |
|
|
- are there agreements and regular exchanges and joint trainings between law enforcement agencies and media representatives concerning the safety of journalists; |
|
|
- has there been an analysis of the risks posed by online abuse and harassment and have corresponding measures been introduced, including, if needed, through law reform; |
|
|
- has there been an analysis of the specific threats and risks faced by female journalists and other media workers and have corresponding measures been introduced, including, if needed, through law reform; |
|
|
- has the protection of journalists been designated as a priority area and have sufficient resources been allocated? |
|
|
How is the role and importance of journalists and other media actors recognised in national law and practice? |
|
Independent, substantive review of legislative framework (paragraphs 3-5 of the Guidelines) |
|
|
Is there independent, substantive review to ensure that the legal and policy framework for the protection of the safety of journalists complies with European and international human rights standards and is backed up by effective enforcement machinery? If so, does it address the following points (specify how, don’t just answer ‘yes’ or ‘no’): |
|
|
- safeguards for the protection of freedom of expression are robustly and effectively implemented in practice; |
|
|
- draft legislation that affects the right to freedom of expression of journalists and other media actors complies with European and international human rights standards; |
|
|
- it includes in its scope counter-terrorism, counter-extremism, or other national security measures (through a separate review if necessary); |
|
|
- the review process allows for detailed public scrutiny and the drawing up of recommendations by organisations and experts acting independently of governmental, political, religious, commercial, and other undue or partisan influences; |
|
|
- the reviewing body or bodies has an explicit mandate to collect, receive and use information from any source and is granted optimal access to documents and officials across all branches of State authorities; |
|
|
- the review process includes public hearings and facilitates the full and active participation of civil society, including representatives of journalist organisations, the media and other stakeholders; |
|
|
- review reports are formally submitted to relevant State authorities, in particular ministries, and require a timely response by those authorities, including, as appropriate, corrective or other follow-up action to the findings and recommendations of the reviews; |
|
|
- the findings and recommendations of the reviews are channelled into ongoing reporting, monitoring or information-sharing exercises at the Council of Europe Committee of Ministers, Parliamentary Assembly, and the Commissioner for Human Rights; as well as with other relevant international bodies such as the UN Human Rights Committee, the UN Human Rights Council’s Universal Periodic Review, UNESCO, the UN High Commissioner for Human Rights and the Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media. |
|
|
- legal frameworks are periodically reviewed and monitored to ensure that existing laws are being effectively implemented and are equally applicable online. |
|
Defamation laws include freedom of expression safeguards that conform to European and international human rights standards (paragraph 6 of the Guidelines) |
|
|
Does national legislation pertaining to defamation (including ‘insult’ laws) include specific safeguards for freedom of expression and media freedom, including: |
|
|
- A defence of truth; |
|
|
- A defence of fair comment on an issue of public-interest; |
|
|
- Early dismissal of SLAPP cases and the implementation of such other measures as needed to ensure that defamation laws cannot be abused to silence critical voices; |
|
|
- A distinction between allegations of fact and value judgments; |
|
|
- There is no enhanced protection for state bodies, state functionaries (including domestic and foreign heads of state), the monarchy or its members, the national flag or state emblems; |
|
|
- Politicians, public servants, public figures, must tolerate greater criticism of their acts; |
|
|
- Procedural fairness and equality of arms is ensured, including by the provision of adequate legal aid for defendants; |
|
|
- The law limits civil defamation awards and cost orders to what is proportionate; |
|
|
- Courts take into account context when hearing defamation cases, for example by recognizing that satirists have latitude to exaggerate. |
|
|
Has defamation been decriminalised? |
|
|
If defamation has not been decriminalised, has the sanction of imprisonment been removed from the statute books except in cases that constitute hate speech or incitement to violence? |
|
Clear legal basis for surveillance and interception of communications data that includes safeguards against misuse and abuse (paragraph 7 of the Guidelines) |
|
|
Is there a clear legislative framework that regulates the surveillance of journalists and interception of their communications data by state agencies? If so, does it include the following safeguards against abuse: |
|
|
- authorisation by a judicial authority or other independent body; |
|
|
- surveillance of journalists or interception of communications may only be authorised for the prevention or investigation of cases involving national security, serious crime, or serious bodily harm, and if the relevant information is not likely to be obtainable through other means; |
|
|
- surveillance of journalists or interception of communications likely to reveal confidential journalistic sources is either prohibited or subject to a higher level of judicial review and may only be authorised in accordance with the same threshold safeguards as apply to the protection of sources; |
|
|
- the law sets a limit on the duration of the interceptions; specifies the procedure to be followed for examining, using and storing the data obtained; specifies the precautions to be taken when communicating the data to other parties; and states the circumstances in which recordings may or must be erased, or the tapes destroyed; |
|
|
- surveillance targets are notified as soon as the investigation finishes or the legitimate aim of preventing or detecting crime is no longer jeopardised; |
|
|
- there is review by a judicial authority. |
|
|
How is effective oversight for surveillance and interception of communications data ensured? In particular: |
|
|
- How is the independence of the oversight mechanism safeguarded? |
|
|
- Do oversight bodies have sufficient resources and powers to carry out their mandate? |
|
|
- Are a range of stakeholders are represented on oversight bodies, including journalists and their organisations and legal and technical experts? |
|
Promotion |
|
Raising awareness of safety issues; translation and dissemination of the Recommendation (paragraphs 28 and 29 of the Guidelines) |
|
|
Has the Recommendation been translated into the national and minority languages of the country? |
|
|
Has the Recommendation been widely disseminated, including in print as well as on the websites of local, regional and national bodies with a mandate for the promotion of media or the protection of democracy, and has it been made available to libraries, schools (including journalism schools), and media outlets? |
|
|
Are the publicity opportunities provided by internationally designated days such as World Press Freedom Day (3 May), International Day to End Impunity for Crimes against Journalists (2 November) and International Right to Know Day (28 September) used to raise awareness of the need to protect the safety of journalists? |
|
|
Do public authorities cooperate with information-gathering, awareness-raising and other initiatives coordinated by international and regional intergovernmental organisations concerning the safety of journalists and other media actors? |
|
|
Do journalism training school curricula include the Recommendation and pay prominent attention to the issue of safety of journalists and other media actors? |
|
|
Do media and information literacy initiatives include the Recommendation and pay prominent attention to the issue of safety of journalists and other media actors? |
|
|
Are gender-specific issues and issues concerning impermissible grounds for discrimination proactively highlighted in dissemination and awareness-raising activities? |
|
Partnerships with civil society (paragraph 30 of the Guidelines) |
|
|
Is there ongoing dialogue with a broad range of civil society groups and representatives from the media for the promotion of best practices for the protection of journalists and other media actors and for combating impunity? |
|
|
Is there a requirement for public authorities to respond constructively to reports by civil society and media on threats and violence against journalists and other media actors? |
|
|
Do public authorities engage in effective and ongoing partnership with a broad range of civil society groups and representatives from the mediato find and implement solutions to threats to the safety of journalists and other media actors and for combating impunity? |
|
|
Do public authorities actively cooperate with media and civil society organisations in publicising and educating about safety issues and standards? |
|