Activity Details (ID# 10979)

Activity Synopsis

The Group is examining whether the existing international standards concerning freedom of expression and information in times of crisis are adequate and sufficient to guarantee this freedom. If the Group concludes that there is a need to update the existing standards at the European level or to draft new ones, it will formulate concrete proposals. If it finds that there is no such need, it will explore new or improved monitoring and enforcement mechanisms for the existing standards. 

The MC-S-IC unanimously re-elected Ms Dunja MIJATOVIC (Bosnia and Herzegovina) as Chair and Ms Theodora PETROVA-IVANOVA (Bulgaria) as Vice-Chair for a second one-year term of office.

The specialists had received in advance the report on international standards concerning freedom of expression and information in times of crisis prepared by a consultant, Dr Katrin Nyman-Metcalf. She was present at the meeting to present the report’s main points, to reply to questions and to participate in the subsequent discussion. The consultant emphasised the point that civil wars are not covered by international legal instruments and the Group might consider how that gap could be filled. She reiterated her view that the Council of Europe as a non-partisan organisation is well placed to contribute to the debate on freedom of expression and information in times of crisis.

To facilitate the work of the MC-S-IC, the Secretariat had prepared, on the basis of the report and additional research, a comparative table of international standards concerning freedom of expression and information in times of crisis. The table was highly appreciated by members of the Group as a useful working tool.

Eight member States had provided in time for the meeting replies to the questionnaire sent to them on the implementation of existing international standards concerning freedom of expression and information in times of crisis in their domestic legislation. The compilation of these replies was distributed to Group members for their consideration.

A public consultation had also been announced on the Media Division’s website and via targeted e-mails on the issue of the adequacy of international standards concerning freedom of expression and information in times of crisis. In part due to the short time between the beginning of the public consultation and the meeting, only two responses were received. One expert suggested that the Secretariat send letters to relevant organisations to solicit once more their input.

The Secretary to the Group presented the draft conclusions and recommendations of the conference on “Safeguarding free speech and the right to information: media in times of crisis” organised by the Media Division in Strasbourg on 13 and 14 October 2005. The conference dealt with the application of Council of Europe standards with a focus on South-Eastern Europe.

Group members found the conclusions very interesting and directly relevant to the work of the MC-S-IC. They took note of the conclusion of participants that the existing international standards, most notably Article 10 of the European Convention on Human Rights and other Council of Europe texts based on it, are largely adequate to safeguard this freedom in times of crisis and that there is no obvious need to significantly amend these standards or to draft major new ones.

One expert suggested that the idea of promoting the networking of European self-regulatory bodies voiced in the conclusions of the conference be included in the instrument that the Group will prepare. Another expert endorsed also the idea for drafting guidelines on the relations between media professionals and law-enforcement agencies.

The subsequent discussions focused on whether there is a need to update international standards for freedom of expression and information in times of crisis and on specific related issues. Two Group members argued that the existing standards are largely adequate; they placed the emphasis on the need to focus on the practical problems linked to their implementation. This seemed to meet with general agreement.
Concerning the monitoring of the implementation of texts adopted by the Council of Europe on freedom of expression and information in times of crisis, the Group discussed whether there is a need for streamlining the existing procedures or possibly introducing additional ones. While it was noted that such kind of monitoring is already being done by organisations such as Article 19, Reporters Without Borders and the International News Safety Institute, it was still acknowledged that there was a need for a non-partisan organisation like the Council of Europe to monitor the situation, and in real time. Among the suggested options was the appointment of a special rapporteur or a committee to monitor the implementation of standards guaranteeing freedom of expression and information in times of crisis.

It was also decided that at least part of the monitoring could be done by asking member States to reply to a questionnaire once every two years. Input for the replies would be provided by governments, media professionals and watchdog organisations.

Further, the Group agreed that additional research, consultation and discussion was needed in order to form an opinion whether the establishment of a forum on the rights and responsibilities of the media and the working conditions of journalists in times of crisis would bring an added value to the existing endeavours.

The issue of possible strategies to encourage the training of media professionals in order to provide professional and independent coverage of crisis situations was discussed by the Group for the first time since it was one of the elements of the Ministerial Conference Action Plan which was initially not included in the terms of reference of the MC-S-IC. Since a number of organisations are already offering such training programmes from various perspectives, the Group considered the possible role of the Council of Europe, e.g. coordination of its own work with such organisations, promoting and facilitating the cooperation and coordination of their efforts, offering guidance on how to base such training in a more systematic way on Council of Europe standards, etc. The consensual broad opinion was to propose to the CDMC to encourage such training. The Group also agreed that additional research was needed on what training programmes are already being offered with a view to formulating a draft strategy and methodology for action.

On the issue of the possible setting up of an information network on the media’s contribution to inter-cultural and inter-religious dialogue, several experts emphasised that any such contribution should be based on voluntary action. It was also suggested that the Group consider in this context the role of community media, migrants’ media, etc. It was decided to deal with this item jointly with the issue of the forum on the rights and responsibilities of the media and the working conditions of journalists in times of crisis.

Concerning the issue of establishing an award for media which have made an outstanding contribution to conflict prevention or resolution, understanding and dialogue, the experts decided to do additional research and asked the Secretariat to look at existing Council of Europe awards in other areas in order to identify possible models for by-laws, procedures and criteria for awarding a prize.

Concerning the legal and security aspects of investigative journalism, it was concluded that it is not possible to draw a clear distinction between investigative and other journalists but there is a need to improve general standards which would also be of benefit to investigative journalism. The possible need to engage a consultant for additional research on the matter will also be considered.

 

In conclusion of the discussions, it was decided to:

- continue the reflection on the main subject, including as regards the possible drafting of operational guidelines;

- request information from member States as to whether they have in place voluntary guidelines for cooperation and dialogue between media professionals and law-enforcement agencies;

- recommend intensified exchange of information and cooperation among European self-regulatory bodies as proposed by the participants in the conference on “Safeguarding free speech and the right to information: media in times of crisis”;

- invite the Council of Europe, in cooperation with other institutions, to organise awareness-raising and other appropriate activities to address the issue of guaranteeing freedom of expression and information in times of crisis;

- continue between this meeting and the next one (to be held on 6-7 February 2006) with additional research on the items that need further clarification.
 

The Group is composed of the following member States: Armenia, Bosnia and Herzegovina, Georgia, Greece, the Netherlands, the Russian Federation, Serbia and Montenegro, Sweden, Turkey. Other member States may designate, at their own expense, specialists to participate in the meetings of the Group.

The Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe, the European Audiovisual Observatory and the European Commission may also send representatives (without the right to vote).

The following observers with the Council of Europe may also send a representative without the right to vote: Canada, the Holy See, Japan, Mexico, the United States of America, the OSCE, the European Broadcasting Union, the European Federation of Journalists, the European Newspaper Publishers Association, the European Internet Service Providers’ Association, the Association of Commercial Television in Europe, the International News Safety Institute, the Rory Peck Trust and Reporters sans frontieres.
 

The Group is composed of the following member States: Armenia, Bosnia and Herzegovina, Georgia, Greece, the Netherlands, the Russian Federation, Serbia and Montenegro, Sweden, Turkey. Other member States may designate, at their own expense, specialists to participate in the meetings of the Group.

The Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe, the European Audiovisual Observatory and the European Commission may also send representatives (without the right to vote).

The following observers with the Council of Europe may also send a representative without the right to vote: Canada, the Holy See, Japan, Mexico, the United States of America, the OSCE, the European Broadcasting Union, the European Federation of Journalists, the European Newspaper Publishers Association, the European Internet Service Providers’ Association, the Association of Commercial Television in Europe, the International News Safety Institute, the Rory Peck Trust and Reporters sans frontieres.
 

Mr Jan MALINOWSKI, Head of Media Division, Directorate General of Human Rights
Mr Ivan NIKOLTCHEV, Secretary to the MM-S-IC, Media Division, Directorate General of Human Rights
Mr Nicolas WEVELSIEP, Media Division, Directorate General of Human Rights