Activity Details (ID# 13265)

Activity Synopsis

To review its terms of reference in light of relevant Committee of Ministers decisions, as well as the texts adopted at the 7th European Ministerial Conference on Mass Media Policy (Kyiv, 10 and 11 March 2005) and those adopted at the Third Summit of Council of Europe Heads of State and Government (Warsaw, 16 and 17 May 2005).

To examine a draft Recommendation on the right of the public to information on major events where exclusive rights have been acquired.

To examine 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 with a view to providing a reply to the Committee of Ministers on the subject.

To examine a draft Recommendation concerning the UNESCO Convention on the protection and promotion of the diversity of cultural expressions.

To consider the work of and, if necessary to provide further guidance to, the groups of specialists reporting to it.

To examine a number of other issues of relevance at present (including the question of the revision of the European Convention on Transfrontier Television, copyright in the context of the Steering Committee's work, Internet governance, and the situation as regards freedom of expression and information in Belarus and possible action by the CDMC).

To examine certain issues concerning its working methods (in particular, to adopt rules on classification and publication of documents) and to elect members to its Bureau. 

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. It requested the Committee of Ministers to consider the draft and, if appropriate, to adopt the new terms of reference.

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. In light of the reservations expressed by many participants concerning all or substantial parts of the text, the CDMC decided to discontinue work on the draft Recommendation.

The CDMC pursued consideration of the question 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. It held an exchange of views on the issue of decriminalisation with guest speakers (see consultants/experts below). 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 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 text proposed by the CDMC should, in the first place, be submitted to the Council of Europe bodies responsible for culture.

The CDMC examined progress being made by, and provided further guidance to, the groups of specialists reporting to it.

The CDMC pursued discussions on the future of the European Convention on Transfrontier Television. The general conclusion was 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. Steps should be taken to encourage ratification of the Convention by additional Council of Europe member states, as well as by other countries.

Concerning Internet governance, the CDMC concluded that Council of Europe human rights standards should be promoted in this domain. It 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.

As regards 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.

The CDMC adopted rules on classification and publication of documents, rules that also apply to the groups of specialists reporting to the Steering COmmittee. It also elected members to its Bureau. 

As regards defamation, 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 will be the subject of written consultation with participants and will be considered in detail by the CDMC at its next meeting.

The draft Recommendation concerning the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, as amended in consultation with the Council of Europe bodies responsible for culture, will be considered by the Committee of Ministers in early 2006.

The Steering Committee resumed discussions of copyright in the context of its work and decided upon future action on the subject. 

Representatives of member States and observers to the CDMC 

The guest speakers who contributed to the discussion on the subject of decriminalisation of defamation were 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). 

Mr Philippe BOILLAT, Director, Directorate II, Directorate General of Human Rights – DG II
Mr Hanno HARTIG, Head of Media, Equality and Minorities Department, Directorate General of Human Rights – DG II
Mr Jan MALINOWSKI, Head of Media Division, Secretary of the CDMC, Directorate General of Human Rights - DG II
Ms Charlotte de BROUTELLES, Administrative Officer, Secretary of the MM-S-MD and Co-Secretary of the T-TT, Directorate General of Human Rights - DG II
Mr Eugen CIBOTARU, Administrative Officer, Secretary of the MM-S-PSB and of the MM-WG-EX, Directorate General of Human Rights - DG II
Mr Lee HIBBARD, Administrative Officer, Secretary of the MM-S-IS, Directorate General of Human Rights - DG II
Mr Ivan NIKOLTCHEV, Media Division, Secretary of the MM-S-IC, Directorate General of Human Rights - DG II
Ms Alessia SONAGLIONI, Media Division, Secretary of the T-TT, Directorate General of Human Rights - DG II
Ms Franziska KLOPFER, Media Division, Directorate General of Human Rights – DGII
Mr Nicolas WEVELSIEP, Media Division, Directorate General of Human Rights – DGII