page1/4
/ Key points- Freedom of expression and the existence of independent and diverse media are necessary conditions for true democracy. Thousands of European media regularly produce information, analysis and opinions which are the basis of political debate and the creation or reflection of public opinion.
- However, freedom of expression can bethreatened by pressures exerted by governments and by industry trends such as the concentration process that has allowed large multimedia companies to control many media outlets.
- In 1950, the Council of Europe acknowledged the importance of freedom of expression and information by declaring it a fundamental right in Article 10 of the European Convention on Human Rights. Since then, acknowledging its importance for democracy, the Council has developed a numberof standardsand guidance which help the media carry out their work free of control and external pressure.
- Conventions related to freedom of expression and information have been adopted dealing with topics such as transfrontier television, copyright, the protection of national minorities, access to official documents or communication on the Internet.
- Freedom of expression and information today face new challenges brought about by the global development of the information society and the new providersof media-like mass-communication services, such as news portals, content aggregators, blogsand social networking sites, as well as by the resurgence of terrorism.
What are the major threats to freedom of expression?
Governments may be tempted to control the media, in particular state-owned TV and radio stations, as a means of influencing public opinion. This is often, but not only the case, in times of crisis such as during wars and terrorist attacks. Attempts to control of the media can take different forms, such as by the threat of the media being closed down, by censorship, and self-censorship when this is the only way to continue operating.
Journalists are subjected to police harassment, unjustified imprisonment and even killing; over the past 10 years, 1,100 journalists and media staff have been killed in the line of duty, according to the International News Safety Institute. Another threat is that concentration has put major media in the hands of a few strong multimedia groups, reducing the diversity of information sources.
How does the Council of Europe protect freedom of expression?
Article 10 of the European Convention on Human Rights states that “everyone has the right to freedom of expression", including the “freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers”. This freedom is not, however, absolute. Article 10, paragraph 2, establishes certain restrictions to this right related to the interests of national security, territorial integrity or public safety, the prevention of disorder or crime, the protection of health or morals, the protection of the reputation or rights of others, confidential information, and for maintaining the authority and impartiality of the judiciary.
The Council of Europe’s specialised standard-setting body - the Steering Committee on the Media and New Communication Services (CDMC) -comprises experts from the Organisation’s 47 member states which formulate the main lines of policy and of action needed to protect media freedom.
What roles does the European Court of Human Rights play to protect freedom of expression?
The Court plays an essential role. Overthe last 30 years, it has adopted numerous judgmentswhich protect this fundamental right. It has defended the right of journalists to keep the confidentiality of their sources of information. It has also pointed out that journalists have to respect certain ethical standards; freedom of the media does not mean a right to invade privacy ruthlessly or to disseminate defamatory information without first verifying its truthfulness.
What is the situation of media freedom in Europe today?
With democracy, the rule of law and human rights being the common values of Council of Europe member states, freedom of expression and information are generally respected in most countries. However, recently both the Parliamentary Assembly and the Secretary General have expressed concern about the situation in memberstatessuch as Armenia, Azerbaijan, MoldovaandRussia where, despite democratic progress in many fields, rules on freedom of the press are not always respected.
The case law of the European Court of Human Rights shows that there is room for improvement in othercountries, including some Western European democracies.Governments are still tempted to try to control the media.
What are the risks related to media concentration in Europe?
Takeovers and mergers are the order of the day and are causing a reduction in the number of corporations which own media in Europe. The risk of concentration has been a major concern for the Council of Europe in recent years, and the object of several recommendations and declarations.
In 2007,a Committee of Ministers declaration alerted member states to the risks that media concentration can entail for democracy and democratic processes. It underlined the desirability for effective separation between the exercise of control of media and decision-making as regards media content and the exercise of political authority or influence, and signalled the need to take measures if concentration reaches risk levels.
What does the Council have to say in respect of the killing of journalists?
The killing of journalists is a horrid criminal actwhich affects every citizen and democracy itself. In such cases, member states whichfail to protect journalists in their professional workin speaking outor who have not carried out an effective investigation into a journalist’s killingcan be held accountable under the European Convention on Human Rights.
Does the resurgence of terrorism justify restrictions to media freedom?
It is possible to combat terrorism effectively while fully respecting freedom of expression and information. Free circulation of information and ideas is one of the most effective means of promoting understanding and tolerance and can help prevent or combat terrorism.
In 2005, the Committee of Ministers adopted a Declaration on freedom of expression and information in the mediain the context of the fight against terrorism, and in 2007 Guidelines on protecting freedomof expression in times of crisis. These guidelines reiterate that Article 10 and its interpretation by the European Court of Human Rights are the fundamental standards concerning free speech. They request member states to respect these standards in law and in practice, for example by guaranteeing media professionals’ freedom of movement and access to information as well as by protecting their right not to disclose their sources of information.
How can the right to access public information be guaranteed?
In June 2009, a new Council of Europe Convention on access to official documents will be opened for signature. It will be the first binding international legal instrument to recognise a general right of access to official documents held by public authorities.
Limitations on the right of access to official documents will only be permitted in order to protect certain interests like national security, defence or privacy. The Convention sets forth the minimum standards to be applied in the processing of requests for access to official documents.
What are the key activities with regard to TV broadcasting?
The Council of Europe has been very active in the development of international legal textsrelated to TV broadcasting. The European Convention on Transfrontier Television, in force since 1993, provides an international framework for the circulation of television programme services among member states. It sets down rules for the protection of individual rights, such as the freedom of reception, the responsibility of broadcasters, or the content of programming, advertising, teleshopping and sponsorship. It is currently under review in light of developments concerning new audiovisual media services and communication platforms.
What has the Internet changed with regard to the protection of freedom of expression and information?
The Internet has becomea major means of communication which has acted as a catalyst for freedom of expression and information. The general view of the Council – expressed by several declarations of the Committee of Ministers - is that the principles of the European Convention on Human Rights apply to the world wide web. This implies that no control or restriction should be set on the access to information on the Internet, though measures should be put in place for protecting children and other vulnerable groups. In this new environment, the Committee of Ministers also defendsself-regulation and the anonymity of users.
In order to addresschallenges to freedom of expression on the Internet, the Council of Europe adopted the Convention on Cybercrime, the first international treaty on criminal offences through the Internet, and a specific protocol on racist and xenophobic content.
How is the organisation supporting states and professionals?
The Council of Europeis helping countries draft legislation and policy in line with Council of Europe standardsthrough its technical assistance and co-operation programmes in the media field. The Council also organises training programmes, seminars and conferences for media professionals related to topics such as access to information, journalists‘freedoms, libel and defamation.
The organisationalso contributes to, and participates in, a number of events involvingvarious stakeholder groups related to the operation and functioning of the Internet. It also facilitates multi-stakeholder Pan-European dialogue on Internet governance.
Contact
Jaime Rodríguez, Press officer
Tel. +33 (0)390 21 47 04
Mobile +33 (0)6899 95042
Updated: 15.05.09