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The Bureau prepared the 6th meeting of the CDMC (27-30/11/2007) with reference to the CDMC’s provisional draft agenda
Decisions of the Committee of Ministers of interest to the work of the CDMC
The Bureau noted the adoption by the Committee of Ministers of the Guidelines on protecting freedom of expression and information in times of crisis, the Declaration on the protection and promotion of investigative journalism and the Recommendation promoting freedom of expression and information in the new information and communications environment. It also noted that the revised Recommendation on media coverage of election campaigns will be examined and possibly adopted by the Committee of Ministers on 7 November 2007.
The Bureau noted the finalisation by the CDMC of a Draft Recommendation on measures to promote the public service value of the Internet by means of an electronic consultation process to be adopted by the Committee of Ministers on 7 November. It wished that this document be presented to the Internet Governance Forum (IGF) in Rio de Janeiro, Brazil (12-15 November 2007).
The Bureau invited CDMC members to provide comments on PACE Recommendation 1805 (2007) on Blasphemy, religious insults and hate speech against persons on the ground of their religion, on PACE Recommendation 1799 (2007) on the image of women in advertising, on PACE Recommendation 1814 (2007) towards decriminalisation of defamation and by 6 November 2007 in view of producing a document to be forwarded to the Committee of Ministers by 15 December.
Work programme for the CDMC in 2008
The Bureau decided that the CDMC should prepare a Committee of Ministers declaration on the use of the digital dividend (spectrum capacity freed due to digital broadcasting following switchover from the more spectrum-thirsty analogue transmission) highlighting the nature of the digital dividend as a public domain resource and that decisions as to its use should take due account of present and foreseeable public interest, including in respect of media pluralism and diversity.
Promoting visibility of the work of the CDMC
The Bureau decided that a brief questionnaire be addressed to CDMC members and observers in order to gather information on the visibility provided to Council of Europe standards elaborated by the CDMC (e.g. links on their websites) and references made to such standards in domestic legislation.
The Bureau reiterated the view that the Council of Europe information offices in member states can contribute to the visibility of the Organisation’s media and information society related standards. It also noted that the Internet Governance Forum will be an excellent opportunity to give visibility to relevant Council of Europe standards
Draft instruments or texts to be submitted to the CDMC for consideration
The Bureau agreed to provide comments by 24 October 2007 on draft Recommendation on media complaints bodies, their operation and procedures and wished that it be accompanied by an explanatory memorandum.
The Bureau supported the work being done by the MC-S-IS on a draft Recommendation on the use and impact of technical filtering measures with particular regard to Article 10 of the European Convention on Human Rights and asked that it be finalised and transmitted to the CDMC meeting in November.
The Bureau considered a draft Recommendation on copyright and freedom of expression, access to knowledge and education and found that further work needed to be done on this subject before it is ready to be submitted to the CDMC.
The Bureau took note of the work undertaken by the MC-S-IS on practical tools on understanding the freedom of expression with regard to the work of Internet Service Providers in view of discussion by the CDMC and then, if appropriate, transmission to the Committee of Ministers for information once the documents are finalised.
The Bureau asked the Secretariat to revise the presentation of a review on the implementation of Recommendation (2000) 23 of the Committee of Ministers on the independence and functioning of regulatory authorities in the broadcasting sector for comments by the CDMC.
The Bureau agreed that it would be desirable to undertake a study on legal developments in member states in recent years with regard to freedom of expression and information in the context of the fight against terrorism. Once this study is available, the CDMC could hold a hearing on the subject in order to gather information on the impact in practice of such developments on freedom of expression and information and freedom of the media, having regard to Article 10 of the European Convention on Human Rights and the relevant case law of the European Court of Human Rights. The Bureau invites the CDMC to consider this approach at its next meeting.
Discussion on a possible future mechanism in respect of Article 10 of the European Convention on Human Rights
Ms Delia Mucica, chairperson of the informal working group on the topic, informed the Bureau on progress made and on the state of discussions underlining the various trends in the answers provided by member states, while a number of the latter have not yet expressed their views on the matter. The Bureau noted that the Head of the Office of the OSCE Representative on Freedom of the Media had expressed the view that a Council of Europe mechanism would be desirable and would not overlap but complement the work of the Representative.
Ms Mucica also informed that, following the criteria outlined by the CDMC, she had invited the following delegations to take part in the informal working group: Bulgaria, Denmark, France, Estonia, the Russian Federation, Spain, Switzerland and the United Kingdom. Denmark has declined and one (or two?) had not responded. The Bureau requested that, resources permitting, a meeting of the informal working group be organised before the next CDMC meeting.
The Bureau also noted the interest of certain members of the Parliamentary Assembly, more particularly Lord Andrew McIntosh, on the subject. The Bureau welcomed this interest and wished that relevant members of the Parliamentary Assembly take part in the CDMC discussions during the next meeting. It would be desirable that the OSCE and other observers, including but not limited to those that have already expressed a view on the matter take an active part in those discussions.
Discussions on the work of the CDMC subordinate bodies
The Bureau took note of the reports available on meetings of the groups of specialists held since the last CDMC meeting, and welcomed progress being made.
Generally, it reiterated the view that consultants should be used to facilitate the work of the groups of specialists reporting to the CDMC as regards research or the gathering of information that would otherwise be unavailable for the group. Recourse to consultants should not impinge on the role of an intergovernmental group of experts which is seeking to establish member states’ common understanding and consensus on matters of common interest within the CDMC’s mandate.
- Extension of the terms of reference of the MC-S-IC
The Bureau held an exchange with Mr Alexander Borisov, chairperson of the MC-S-IC, and took note of his explanations on the current state of the group’s work and its proposals for 2008 and beyond. It also noted that, according to the last MC-S-IC meeting report, documents will be finalised by the Secretariat upon instructions of the group (draft statute for an award for media which have made an outstanding contribution to conflict prevention or resolution, understanding and dialogue; document concerning the training of media professionals in order to provide professional and independent coverage of crisis situations; proposal for a forum on the rights and responsibilities of the media and the working conditions of journalists in times of crisis and an information network on the media’s contribution to inter-cultural and inter-religious). The Bureau trusts that this will alow the CDMC to consider them at its next meeting; it requested that efforts be made to meet this target.
The Bureau noted that the question extending the terms of reference of the MC-S-IC (ending on 31/12/2007) will have to be decided by the CDMC at the next meeting. It was not persuaded of the opportunity to extend them. Some items proposed by the group overlap with the CDMC’s own ongoing work & could be dealt with by the CDMC itself, whether or not with the support of a CDMC sub-group, advisory panel or similar formation (e.g. consideration of the desirability of a mechanism in respect of Article 10 of the European Convention on Human Rights)
Internet governance and implementation of the WSIS action lines
The Bureau took note of information provided by the Secretariat on the preparation of the second Internet Governance Forum and of the expected CoE participation. It asked the Secretariat for an information on the Forum to the CDMC at the upcoming meeting.
It noted the information on the Joint Council of Europe / French Commission for UNESCO / UNESCO meeting on “Ethics and human rights in the information society” (Strasbourg, 13-14 September 2007).
First European Ministerial Conference on the Media and New Communication Services (Reykjavik 2009)
The Bureau reiterated the importance of what will be the first European Ministerial Conference to focus on the media and the new communication services.
It considered a number of possible themes and found that “trust in today’s and future media” would provide a good framework for identifying upcoming topical issues related to the work of the CDMC and which will need to be addressed in the coming years. It would permit to examine inter alia the definition (re-definition) of media with regard to user-generated content, other media (as regards both medium and content aspects) and public service value, as well as the relations between media and individuals, including from the human dignity and ethics viewpoints. There should also be scope to incorporate new or emerging issues and other developments (e.g. concerning the revision of the European Convention on Transfrontier Television).
The Bureau also discussed the format (ongoing plenary, with two simultaneous workshops - which could report back to the plenary - involving ministers, civil society, industry) and asked the Secretariat to prepare an outline having regard to its discussions.
Information on the work of, and co-operation with, other Council of Europe bodies, of interest to the CDMC
At the next CDMC meeting, Bureau or other Steering Committee members should provide information on meetings of other CoE bodies or other events in which they represented the Steering Committee. The Secretariat should supplement, if necessary, that information.
Administrative and budgetary matters
The Secretariat informed the Bureau of the most recent staff changes in the Media and Information Society Division. The Bureau also noted that the budget for 2008 had not yet been adopted.
Dates of the next meeting
The Bureau took note of the proposed calendar for meetings of the CDMC and its subordinate bodies in 2008. Adjustments may be needed once the dates for the 2008 Internet Governance Forum are known. The Bureau also noted a coming meeting organised by the OECD in Seoul, Korea, in June 2008 on the Internet economy. Following the suggestion of certain member states, it should be expected that the Council of Europe be invited to attend that meeting.
Other business
(i) request by EBU to include on the CDMC agenda the protection of neighbouring rights of broadcasting organisations
The Bureau noted the request made by the EBU to include on the CDMC agenda the protection of neighbouring rights of broadcasting organisations and, more particularly, the possibility of elaborating a CoE convention on the subject. The Bureau decided to put this item on the agenda for the next CDMC meeting.
(ii) request for observer status
The Bureau took note of the request by the non-governmental organisation Community Media Forum Europe (CMFE) for an observer status with the CDMC and with two of its groups of specialists (MC-S-MD and MC-S-PSM). The Bureau decided to put this item on the agenda for the next CDMC meeting and asked the Secretariat to invite CMFE to present the organisation and hold and exchange of views with the CDMC.
(iii) controversy raised by an observer in the MC-S-IS in respect of Recommendation CM/Rec(2007)11
The Bureau noted that, following adoption by the Committee of Ministers on 26 September 2007 of Recommendation (2007)11 on promoting freedom of expression and information in the new information and communications environment, European Digital Rights (EDRI), a non-governmental organisation observer to the MC-S-IS, expressed concern about this text on various internet-based fora. It also noted that EDRI had contributed to the group of specialists’ work on the subject, although not all of its proposals had apparently been accepted. The Bureau welcomes lively public debate on the work of the CDMC which, in this particular case, may be pursued within the framework of the next MC-S-IS meeting. More generally, it trusts that EDRI will continue to contribute in a constructive spirit to the work of the MC-S-IS and, in this manner, also to that of the CDMC.
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