Media - Freedom of expression and information

 Committee of experts on protection of journalism and safety of journalists (MSI-JO)

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Strasbourg, 7 September 2011

CDMC(2011)015
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STEERING COMMITTEE ON THE MEDIA
AND NEW COMMUNICATION SERVICES

(CDMC)

______

14th meeting
from 14 to 17 June 2011
Council of Europe, Agora building, Strasbourg
(Room G01)

Meeting report

______

    Executive summary

    During the meeting, the CDMC:
    - adopted comments on PACE Recommendations 1950(2011) on the protection of journalists’ sources and 1962(2011) on the religious dimension of intercultural dialogue;
    - finalised and approved a Draft Recommendation on a new notion of media, including an appendix setting out criteria for identifying media and guidance for a graduated and differentiated response;
    - finalised and approved a Draft Declaration on Internet governance principles;
    - finalised and approved a Draft Recommendation of the Committee of Ministers to member states on the protection and promotion of Internet’s universality, integrity and openness;
    - finalised and approved a Draft Declaration on the protection of freedom of expression and information and freedom of assembly and association with regard to Internet domain names and name strings;
    - considered a draft Declaration on the protection of freedom of expression and freedom of assembly and association with regards to privately operated Internet platforms and online service providers, and agreed that it be finalised and approved by e-mail consultation;
    - considered a draft Recommendation on public service media governance, including an appendix setting out guiding principles for public service media governance, and agreed that, subject to some editing, it be finalised and approved by e-mail consultation;
    - discussed possible areas of work of a future steering committee covering the CDMC’s current remit, and expressed the strong view that media should feature prominently in the terms of reference of the new committee, including in its name;
    - expressed strong and unanimous support for work on a convention on the protection of neighbouring rights of broadcasting organisations in a Council of Europe context subject, on the one hand, to the European Commission receiving a negotiation mandate for this purpose and, on the other hand, to the continuation of lack of progress at the World Intellectual Property Organisation (WIPO);
    - expressed deep concern by the lack of progress in the implementation of the Committee of Ministers Declaration of 13 January 2010 on measures to promote the respect of Article 10 of the European Convention on Human Rights, and expressed support for this being a priority for the Council of Europe in 2012 and 2013;
    - reiterated its decision to pursue work, in cooperation with relevant Council of Europe bodies, in particular CODEXTER, with the aim of providing guidance to member states, possibly in the form of a Committee of Ministers recommendation, for the review of their anti-terrorism legislation and practice and their impact on freedom of expression and information;
    - decided to prepare a draft Declaration on “libel tourism” which might be completed before the next meeting through electronic consultation unless significant objections are raised;
    - confirmed its willingness to participate together with the Steering Committee on Equality between Women and Men (CDEG) in the drafting of a manual on strategies to combat gender stereotypes in the media.

Item 1. Opening of the meeting

1. The Steering Committee on the Media and New Communication Services (CDMC) held its 14th meeting from 14 to 17 June 2011 at the Council of Europe’s Agora Building in Strasbourg.

2. The gender distribution of the 67 attendants in the meeting was as follows: 25 women (37%), 42 men (63%).

3. The meeting was chaired by Andris Mellakauls (Latvia). The Chairperson welcomed, in particular, those participants attending a CDMC meeting for the first time.

4. The list of participants is set out in Appendix I.

5. Jan Kleijssen, Director of Standard Setting in the Directorate General of Human Rights and Legal Affairs of the Council of Europe:
- introduced Jörg Polakiewicz, who replaced Jeroen Schokkenbroek as Head of the Human Rights Development Department, and informed of other administrative and staff changes, in particular concerning data protection activities;
- informed the CDMC of the state of play of the on-going reform of the Council of Europe and explained that, according to the Secretary General’s proposals, the CDMC would cease to exist at the end of 2011 and would be replaced by a new Steering Committee on Information Society (CDSI) with a broader standard-setting mandate covering information society issues generally, including data protection;
- informed the CDMC that, in November 2011, Austria will host a conference launching the Council of Europe Strategy on information society for 2012 to 2015;
- as regards Article 10 of the European Convention on Human Rights, at the invitation of Turkey’s Prime Minister, the Secretary General appointed a Special Envoy to assess the situation of freedom of expression and freedom of the media in that country.

6. The CDMC held an exchange of views with Jan Kleijssen and, in particular, expressed the strong view that media should feature prominently in the terms of reference of the new steering committee, including in its name, e.g. Steering Committee on Media and Information Society.

Item 2. Adoption of the agenda

7. The CDMC adopted the agenda, as set out in Appendix II, and the order of business.

Item 3. Decisions of the Committee of Ministers of interest to the work of the CDMC

Council of Europe on-going reform.
8. The CDMC discussed the matter (see also paragraph 5 above), in particular as regards the future steering committee. It expressed concern that work on media appeared to be given less importance and underlined the need to promote the respect of Article 10 of the European Convention on Human Rights through some form of observation of member states’ performance, data collection and information sharing. It agreed to make suggestions on the possible terms of reference of the future steering committee, asking the Secretariat to transmit such suggestions to relevant colleagues within the Secretariat.

Standing Committee on Transfrontier Television (T-TT)
9. see paragraph 61, item 12

Comments on PACE Recommendation 1931(2010) on combating sexist stereotypes in the media
10. The CDMC took note of the Committee of Ministers reply to the Parliamentary Assembly Recommendation, adopted on 30 March 2011.

CDCM comments on PACE Recommendation 1962(2011), religious convention of intercultural dialogue
11. In response to an invitation by the Committee of Ministers, the CDMC adopted, subject to certain changes, the comments kindly prepared by Els Hendrix (Germany) and decided to transmit them to the Committee of Ministers.

CDCM comments on PACE Recommendation 1963(2011) Combating poverty
12. The CDMC noted that Elfa Yr Gylfadottir (Iceland) kindly agreed to prepare draft comments in response to the invitation addressed to the CDMC by the Committee of Ministers. The CDMC agreed to finalise and approve its comments by email consultation by 15 September as requested by the Committee of Ministers.

Item 4. Draft instruments or texts for consideration by the CDMC

Draft Recommendation of the Committee of Ministers to members states on a new notion of media
13. The Committee of Experts on New Media (MC-NM) prepared a draft Recommendation on a new notion of media including an appendix; the latter was developed and edited in light of guidance provided by the Bureau. The CDMC considered the draft and, subject to some changes, approved it and agreed to submit it to the Committee of Ministers for adoption.

Draft Recommendation of the Committee of Ministers to members states on the protection of human rights with regards to search engines
Draft Guidelines for search engine providers
Draft Recommendation of the Committee of Ministers to members states on measures to protect and promote respect for human rights with regard to social networking services
Draft Guidelines for social networking providers
14. The CDMC considered the drafts and agreed with the bureau's proposal to defer their finalisation with a view to enabling the data protection dimension to be elaborated further having regard, inter alia, to the expected comments of the Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, and to allow time for further consultation with relevant private sector actors. These texts will be examined at the 15th meeting of the CDMC with a view to their finalisation and transmission to the Committee of Ministers for adoption.

Draft Declaration of the Committee of Ministers on Internet governance principles
15. Following guidance from the CDMC in November 2010, the Ad hoc Advisory Group on Cross-border Internet (MC-S-CI) prepared a Draft Declaration on Internet governance principles. It was the subject of broad multi-stakeholder consultation and was discussed at the Conference on “Internet Freedom – From principles to global treaty law?” which took place on 18 and 19 April 2011(the Conference).
16. The CDMC considered the draft in conjunction with the feedback of the Chairpersons of the CDMC on the Conference as well as presentation by the Chairperson of MC-S-CI. The CDMC approved the draft and decided to submit it to the Committee of Ministers for adoption.

Draft Recommendation of the Committee of Ministers to member states on the protection and promotion of Internet’s universality, integrity and openness
17. Following guidance from the CDMC in November 2010, the Ad hoc Advisory Group on Cross-border Internet (MC-S-CI) prepared a Draft Recommendation of the Committee of Ministers to member states on the protection and promotion of Internet’s universality, integrity and openness. It was the subject of broad consultation and was discussed at the abovementioned Conference.

18. The CDMC considered the draft in conjunction with the feedback of the Chairpersons of the CDMC on the conference as well as a presentation of the Chairperson of the MC-S-CI. The CDMC approved the draft and decided to submit it to the Committee of Ministers for adoption.

Draft Declaration of the Committee of Ministers on the Protection of freedom of expression and information and freedom of assembly and association with regard to Internet domain names and name strings
19. At its last meeting (9 to 11 May 2011), the Bureau discussed recent developments and emerging concerns in respect of Internet domain names and name strings, and agreed to submit a draft Committee of Ministers Declaration to the CDMC on the subject. The CDMC examined, approved and decided to submit it to the Committee of Ministers for adoption.

Draft Recommendation of the Committee of Ministers on public service media governance and draft appendix setting out Guiding Principles for Public Service Media Governance
20. Following guidance from the CDMC in November 2010, the Ad hoc Advisory Group on Public Service Media Governance (MC-S-PG) prepared a draft Declaration and a Draft Recommendation on the subject. Upon the suggestion of the Bureau, the declaration and the recommendation were merged into one single text. The CDMC examined the draft and agreed to some amendments. It decided that further editing would be desirable and agreed to finalise the draft by email consultation and to submit it to the Committee of Ministers for adoption at the earliest opportunity.

Item 5. Work between meetings
CDMC comments on PACE Recommendation 1941(2010) Roma asylum seekers in Europe – CDMC (2011)001
21. The CDMC noted that, following the Steering Committee’s approval of the draft comments by email consultation, the text had been forwarded to the Committee of Ministers.

CDMC comments on PACE Recommendation 1950(2011) Protection of journalists’ sources – CDMC(2011)002
22. In response to an invitation of the Committee of Ministers to provide comments on this Recommendation, a draft was prepared by Elfa Yr Gylfadottir (Iceland). The CDMC adopted it and decided that it should be transmitted to the Committee of Ministers.

Item 6. Work of CDMC subordinate bodies

Committee of Experts on New Media – ( MC-NM)
23. The Chairperson of the MC-NM, Thomas Schneider, reported on the Committee of Experts’ work to date and proposals for further action. He held an exchange of views with the CDMC. In particular, the CDMC offered guidance in respect of the finalisation of the draft recommendation and guidelines on the protection of human rights with regard to search engines and on the draft recommendation and guidelines on measures to protect and promote respect for human rights with regard to social networking services (see paragraph 14 under item 4 above).

Ad hoc Advisory Group on Public Service Media Governance (MC-S-PG)
24. The Chairperson of the group, Tim Suter, provided an overview of the group’s work to date and explained the group’s proposal to discontinue work at this stage, considering that it had fulfilled its terms of reference.

25. Further to an exchange of views the CDMC accepted the proposal to discontinue the group’s work. It expressed the wish that the resources thus freed be allocated to work on the follow-up to the Resolution on developments in anti-terrorism legislation in Council of Europe member states and their impact on freedom of expression and information.

Ad hoc Advisory Group on Cross-border Internet (MC-S-CI)
26. The Chairperson of the MC-S-CI, Wolfgang Kleinwächter, provided an overview of progress being made by the group. He also provided information on the Conference on Internet freedom organised in April .

27. Further to an exchange of views the CDMC agreed that, at its last meeting, the group could explore the next steps to be taken in respect of its area of work and, in particular, make proposals for possible follow up to the draft Declaration on Internet governance principles and the draft recommendation on the protection and promotion of Internet’s universality, integrity and openness, once those texts are adopted by the Committee of Ministers..

Ad hoc Advisory Group on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR)
28. The first meeting of the MC-S-NR, scheduled for 24 and 25 March 2011, did not take place due to the absence of a negotiating mandate for the European Commission.

29. At its last meeting, the Bureau had noted, on the one hand, the convention revision process under way (see notes above in respect of the Convention on Transfrontier Television) and, on the other hand, the little success of the 2000 Convention on the legal protection of services based on, or consisting of, conditional access and the lack of entry into force of the 1994 Convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite. In light of this, the Bureau had asked CDMC members to seek from their authorities a clear position as to priority level and support for further Council of Europe work on neighbouring rights. It also asked the Secretariat to discuss the matter with European Commission officials.

30. The CDMC expressed strong and unanimous support for work on a convention on the protection of neighbouring rights of broadcasting organisations within a Council of Europe framework. It reiterated its position that this should be subject to two conditions agreed by the CDMC, respectively the European Commission receiving a negotiation mandate for this purpose and, on the other hand, the continuation of lack of progress at WIPO. The CDMC agreed that this work is both important and urgent and should therefore be given high priority.

31. The CDMC also agreed that the European Commission should be asked, through appropriate channels, for updated information on developments concerning the related negotiating mandate.

Item 7. Work programme for the CDMC in 2011 and 2012

Libel tourism
32. Having regard to the hearing held at its previous meeting, the CDMC decided to prepare a draft Declaration on “libel tourism”. Unless significant objections are raised by delegations as to process or content, it should be completed before the next meeting through email consultation.

Gender mainstreaming and gender proofing
33. The CDMC welcomed the proposals currently under consideration related to the Council of Europe’s reform process for a gender equality transversal project and a new Gender Equality Commission reporting to the Steering Committee for Human Rights (CDDH). It trusts that its successor steering committee will be associated to the work of the Gender Equality Commission and, more particularly, that it will pursue the CDMC’s own gender proofing and mainstreaming in connection with media and information society standard-setting work.

34. Following the Action plan adopted at the 7th Council of Europe Conference of Ministers responsible for equality between women and men (Baku, May 2010), it has been proposed to draft a manual on strategies to combat gender stereotypes in the media. This manual is intended to include guidelines to combat language stereotypes in media and stereotyped representations of women and men in advertising. This should include examples of good practice, in particular on codes of conduct adopted by some to combat gender stereotypes. Easily accessible and simple to use, the manual should be largely disseminated in media and self-regulating bodies in advertising. An expert appointed by the Steering Committee for Equality between Women and Men (CDEG), Joke Hermes from the Netherlands, has started work on a preliminary draft. The CDMC agreed to contribute to this work with the participation of Elfa Yr Gylfadottir (Iceland), Bissera Zankova (Bulgaria) and Emir Povlakic (Bosnia Herzegovina). It also proposed that Margareth Gallagher, an independent consultant, gender and media specialist, from Ireland also be associated to the work. The CDMC noted that important work has already been done in this field by some of its observers (e.g. Community Media Forum Europe (CFME), the European Federation of Journalists (EFJ)) and encouraged them to make submissions and contribute actively to this project.

35. Further, at the invitation of the Bureau, the Secretariat presented proposals for further work on gender equality matters concerning media-related standards. The CDMC agreed to review certain existing standard-setting texts from a gender equality perspective on the basis of concrete proposals (e.g. in the form of a draft Committee of Ministers recommendation), for consideration at its next meeting (29 November to 2 December 2011).

Item 8. Implementation of Council of Europe standards on media and freedom of expression

Roles and responsibilities of the European ISPs
36. The CDMC recalled that at its 13th meeting, it considered EuroISPA’s request for additional standard setting work and that it had asked for more precise information on the situation and on the needs that might be addressed.
Some delegations underlined the importance of pursuing work on “intermediaries”.

37. The CDMC agreed on the desirability to explore this further, but expressed the view that the subject is too broad to be correctly addressed before the end of the Steering Committee’s current mandate. It should therefore be addressed in the broader context of future priorities and when giving terms of reference to the future steering committee.

- Follow-up to the Resolution on developments in anti-terrorism legislation in Council of Europe member states and their impact on freedom of expression and information - Texts adopted by the 1st Council of Europe Conference of Ministers responsible for Media and new Communication Services (Reykjavik, May 2009)

38. At a previous meeting, the CDMC had decided to pursue work, in consultation with relevant Council of Europe bodies, in particular the Committee of Experts on Terrorism (CODEXTER), with the aim of providing guidance to member states, possibly in the form of a Committee of Ministers recommendation, for the review of their anti-terrorism legislation and practice and their impact on freedom of expression and information. The CDMC also noted that 36 non-governmental organisations and six experts (including CDMC observers) had addressed a letter to the Secretary General of the Council of Europe on 10 June 2011 “expressing serious concern at the lack of action by Council of Europe members states on the commitments made at the Reykjavik Ministerial Conference on 29 May 2009 to review anti-terror laws for their potential negative impacts on freedom of expression and access to information.”

39. The CDMC agreed that this work should now be given priority, bearing in mind that some resources have been freed following the MC-S-PG’s completion of its work. It also decided to invite the Secretary General of the Council of Europe to seek information from member states on action taken on the abovementioned commitment.1.

WikiLeaks
40. In December 2010, at the proposal of some CDMC and Bureau members, a draft CDMC message to the Committee of Ministers was prepared and submitted to the CDMC for consideration. In general, the CDMC supported the message although a few delegations suggested that the draft should be improved. However, one delegation objected to the proposed expedited procedure and requested that the matter be discussed in depth at the next CDMC meeting, both as regards process and content. In light of discussions held at the Conference on Internet freedom organised in April, the Bureau subsequently decided to broaden the scope beyond WikiLeaks-related events and to submit to the CDMC a new text, in the form of a draft Committee of Ministers Declaration.

41. The CDMC examined a draft Declaration on the protection of freedom of expression and access to information and freedom of assembly and association with regards to privately operated Internet platforms and online service providers. Flowing from the Bureau meeting in the run-up to the CDMC meeting the draft was circulated within a short time and was not available in both official languages. Consequently, while some amendments were agreed, the CDMC decided to postpone finalisation in order to allow delegations to consult with relevant services or departments in their respective administrations. It agreed to finalise and approve the draft by email consultation with a view to its submission to the Committee of Ministers for adoption.

42. The CDMC also agreed that, in similar future cases involving serious threats to freedom of expression or freedom of the media, the steering committee should be able to react appropriately. While it should be possible to finalise and agree to texts through email consultation between meetings, delegations should have sufficient time for consultation within their administrations, having regard to relevant Committee of Ministers adopted rules2. Although it is desirable to adopt decisions by consensus, the CDMC agreed that this should not be an obstacle to the taking of appropriate decisions.3

- Egypt / possible consequences of shut down of Internet connections
43. The CDMC considered the consequences and lessons to be drawn from the Egyptian temporary shut down of the Internet from a European perspective, including the role played by subsidiaries of European companies. It agreed that this matter should be discussed in-depth at its 15th meeting (November 2011) and asked the Secretariat to arrange a presentation.

Item 9. Working methods

Restricted web sites
44. New procedures were introduced in the Council of Europe for accessing restricted websites. As a result, some CDMC members have experienced difficulties in accessing documents.

45. The CDMC decided that its work should be communicated on public web sites, while confidential matters will be handled by e-mails. It requested that particular attention be paid to the publication of contact details, which should not be public, and to applicable rules concerning the protection of personal data.

Format of meeting agendas, reports and other documents
46. The CDMC considered, and accepted, the Secretariat’s proposal to simplify and shorten meeting-related documents in line with the approach followed by other Council of Europe bodies. Accordingly, for future meetings, a single document will be prepared encompassing the agenda, notes to the agenda and order of business.

Documents availability
47. The CDMC recalled the three week rule concerning the availability of documents for adoption (see footnote 3) and underline the importance of having sufficient time for examination and consultation in advance of a meeting. Documents should be available in both languages and attention was drawn to poor quality of French translations and the need for a better correspondence between both language versions. The CDMC suggested that a better working language balance within the Secretariat might mitigate to some extent these problems.

Item 10. Next Council of Europe Conference of Ministers responsible for Media and New Communication Services

48. At its 13th meeting, the CDMC decided that an informal group could begin to reflect on the themes for the conference which, subject to priorities yet to be decided upon by the Committee of Ministers in the context of the reform process, could relate to the inextricable links between freedom of expression and democracy and/or to governance in the information society. The proposed conference, to be hosted by Serbia, has been entered into the list of Conferences of Specialised Ministers approved by the Committee of Ministers to be held in 2012 or 2013.

49. In addition to the abovementioned subjects, the CDMC considered possible themes such as new media in a new political marketplace or the implications of tail-end politics (as compared to mainstream political parties) in a media context. Depending on the theme finally chosen, it would be necessary to take due account of work done in the context of the Forum for the Future of Democracy (FFD); the question was also raised as to the opportunity of holding an FFD event back-to-back to the Ministerial Conference.

50. The CDMC agreed that it would be preferable to hold the conference in 2013, in particular given that its preparation will be entrusted to a new steering committee. However, it emphasised the need to start preparatory work as soon as possible. Frédéric Riehl (Switzerland) confirmed his willingness to animate a small informal group, which should also include Maja Rakovic (Serbia). The CDMC agreed that it would be opportune to organise an exchange of views on the possible themes for the conference with independent consultants before or during the next CDMC meeting.

51. The CDMC noted that, during its five years of existence, it had submitted a considerable number of draft instruments for Committee of Ministers adoption. The number of instruments should reach or exceed 30 by the end of the Steering Committee’s current terms of reference and existence. It agreed that a short stock-taking document, examining its overall output and achievements, be prepared for adoption at its next and last meeting. The stock-taking document should accompany the abridged report that will be submitted to the Committee of Ministers on the CDMC’s last meeting.

Item 11. Internet Governance and Information Society

- European Dialogue on Internet Governance (EuroDIG) (Belgrade 30-31 May 2011)
52. CDMC members who attended the event and Lee Hibbard, Council of Europe Coordinator on Information Society and Internet Governance, provided a presentation of the 4th EuroDIG. Mr Hibbard announced that Sweden had offered to host the next EuroDIG in Stockholm in June 2012.

Internet Governance Forum (IGF) (Nairobi, 27-30 September 2011)
53. Mr Hibbard also provided information about the 6th IGF. He gave details on the programme and of the expected Council of Europe’s participation. CDMC and other member state representatives were encouraged to take an active part in the IGF and in other related events, giving visibility to the important contribution of the Council of Europe to the human rights aspects of Internet governance.

Item 12. Information on the work of, and co-operation with, other Council of Europe bodies, of interest to the CDMC

54. - Committee of Experts for the Development of Human Rights (DH-DEV): the Secretariat informed the CDMC that this Committee will be discontinued as a result of the reform;
55. - European Committee on Legal Cooperation (CDCJ): answering questions raised by the Bureau of the CDMC, Jan Kleijssen confirmed that the work on data protection, which was until recently in the mandate of the CDCJ will be transferred to the new steering committee that will replace the CDMC;
56. - Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD): the Secretariat updated the CDMC on the state of play of the modernisation of the Convention for the Protection of individuals with regard to Automatic Processing of Personal Data (ETS No 108) and generally on the work of the Consultative Committee of the Convention;
57. - Cybercrime Convention Committee (T-CY) and Octopus conference: the CDMC agreed that it would be desirable to be represented at the next conference on Cybercrime with a view to presenting its work and asked the Secretariat to make necessary arrangements;
58. - Steering Committee for Equality between Women and Men (CDEG): see item 7
59. - Committee of Experts on terrorism (CODEXTER): the CDMC expressed the wish that CODEXTER be associated to the follow up to the Reykjavik Resolution on Developments in anti-terrorism legislation in Council of Europe member states and their impact on freedom of expression and information (see also paragraph 38 and 39 above). The Secretariat informed the CDMC of the UN Security Council Counter-Terrorism Committee (CTC) special meeting hosted by the Council of Europe from 19 to 21 April 2011. During and following that meeting, the CTC Executive Directorate’s Senior Human Rights Officer expressed interest in the proposed follow-up work to the Reykjavik Resolution and in being associated to it.
60. - Forum on the Future of Democracy (FFD): the Secretariat informed the CDMC on recent decisions taken in respect of the Forum, i.e. that it will be held every two years in Strasbourg in a new format and become a more permanent event, under the name Strasbourg Forum on Democracy. Related events may be organised between two Forums.
61. - Cooperation activities in the media field: Ivan Nikoltchev provided information on Council of Europe cooperation activities in the field of media and, in particular, referred to difficulties encountered at present by some member states in relation to the implementation of the European Convention on Transfrontier Television.
62. - Conference of International Non-Governmental Organisations: Gabriel Nissim informed the CDMC about the a symposium on “Living together in a connecting world” to be organised at the request of the Conference and under the auspices of the Council of Europe in Strasbourg on 15 and 16 December. He called CDMC members to take part in it.

Item 13. Other information of interest to the work of the CDMC

Presidency of the European Union: on-going and future activities related to Media and Information Society
63. The representative of Hungary informed the CDMC about relevant activities undertaken during the Hungarian Presidency of the European Union.

The representative of Poland informed the CDMC of events organised in the framework of the future Polish Presidency.

European Commission
64. The CDMC took note of the information provided by the representative of the European Commission on activities in various areas of interest to the Steering Committee, e.g. protection of minors and minorities, media, information society.

Item 14. Administrative and budgetary matters
65. These matters were addressed under various items during the meeting, in particular by Jan Kleijssen at the opening of the meeting.

Item 15. Items to be included on the agenda of the 14th meeting of the CDMC

66. The CDMC agreed on a preliminary list of items to be included in the agenda for its 15th and last meeting.

Item 16. Dates of next meetings

67. The CDMC took note of the dates of its next meeting and also of the dates of meetings of its subordinate bodies until the end of 2011.

Item 17. Other business

Item 18. Abridged report
68. The CDMC adopted the abridged report of its 14th meeting.

Appendix I

List of participants

MEMBER STATES / ETATS MEMBRES

Albania/Albanie
Mr Ralf GJONI, Director General of Communications/ Spokesperson, Ministry of Foreign Affairs of the Republic of Albania
Armenia/Arménie
Mr Garegin CHUGASZYAN, Executive Director, IT Foundation
Austria/Autriche
Mr Matthias TRAIMER, Federal Chancellery
Ms Daniela SABETZER, Federal Chancellery
Azerbaijan
Ms Jeyran AMIRASLANOVA, Senior Consultant for Public and Political Issues, Office of the President of the Republic of Azerbaijan
Mr Araz ALIYEV (observer), Chief Consultant of "AzelIsh" Ltd
Belgium/Belgique
Mr. Johan BOUCIQUE, Adviseur Media, Department Cultuur, Jeugd, Sport en Media
Bosnia and Herzegovina / Bosnie-Herzégovine
Mr Emir POVLAKIC, Head of Division for Licencing, Digitalization and Coordiation, Broadcasting Communications Regulatory Agency
Ms Lea TAJIĆ, Head of Department for International Cooperation in Broadcasting, Broadcasting Communications Regulatory Agency
Bulgaria/Bulgarie
Ms Bissera ZANKOVA, Media Consultant, Ministry of Transport and Communications, Directorate on Information Technology
Croatia/Croatie
Mr Miroslav PAPA, Ministry of Foreign Affairs and European Integration
Cyprus/Chypre
Apologised / Excusé
Czech Republic/République Tchèque
Mr Artus REJENT, Ministry of Culture
Denmark/Danemark
Ms Katja JUST MAARBJERG, Head of Section, Danish Ministry of Culture
Estonia/Estonie
Mr Peeter SOOKRUUS, Ministry of Culture
Finland/Finlande
France
Mme Sophie VERRIER, Bureau des affaires européennes et internationales, Direction Générale des Médias et des Industries Culturelles, Ministère de la Culture et de la Communication
Mme Catherine SOUYRI
Ministère des Affaires étrangères et européennes, Sous-direction de l’audiovisuel extérieur et des technologies de communication,
Georgia/Georgie
Ms Tamar KINTSURASHVILI, Administration of the President of Georgia, Advisor
Germany/Allemagne
Ms Els HENDRIX, Federal Government Commissioner for Culture and the Media
Ms Amélie SAHIN - 14-15 June
Ms Annick KUHL – 16-17 June
Greece/Grèce
Mr Christophoros A GEORGHADJIS, Secretariat General of Information, Secretariat of Communication, Media Expert, Media department
Hungary/Hongrie
Ms. dr. Dóra NAGY, Legal Adviser at the National Media and Infocommunications Authority
(Confirmed/Confirmé)
Mr Márk LENGYEL, Expert of the Ministry of Public Administration and Justice
Iceland/Islande
Ireland/Irlande
Mr Eanna O’CONGHAILE, Broadcasting Policy Division, Department of Communications, Energy and Natural Resources
Italy / Italie
Mr Pierluigi MAZZELLA, Professor of Information and Communication Law, University of Rome
Latvia/Lettonie
Chair
Mr Andris MELLAKAULS, Adviser, Minister of Culture
Mrs Dace BUCENIECE, Vice-chair of the Natinal Electronic Mass Media Council of Latvia
Luxembourg
Moldova
Ms Rodica PETROV, Director of Council of Europe and Human Rights Directorate, Ministry of Foreign Affairs and European Integration
Montenegro
Mr Ranko VUJOVIC, Executive Director UNEM
Netherlands/Pays-Bas
Norway/Norvège
Mr Olav GUNTVEDT, Assistant Director General, Ministry of Culture, Department of Media Policy and Copyright
Poland/Pologne
Mr Wojciech KOLODZIEJCZYK, Lawyer, Legal Department, National Broacsting Council, National Broadcasting of Poland
Portugal
Ms Maria Margarida RIBES, GMCS – Gabinete para os Meios de Comunicação Social
Romania/Roumanie
Ms Delia MUCICĂ, Senior Advisor to the Minister of Culture
Russian Federation/Fédération de Russie
Mr Igor EVDOKIMOV, Deputy Director, Information and Press Department, Ministry of Foreign Affairs
Serbia
Ms Maja RAKOVIC, Cabinet of the Ministry of Foreign Affairs
Slovak Republic/République Slovaque
Ms Natasa SLAVIKOVA, Ministry for Culture of the Slovak Republic
Slovenia/Slovenie
Mr Skender ADEM, Undersecretary, Ministry of Culture of Republic of Slovenia, Ljubljana
Spain/Espagne
Ms Mª Concepción SOTO CALVO, Adviser of Audiovisual Services, State Secretariat for Telecommunications and the Information Society, Madrid

Sweden / Suede
Mr Jerker STATTIN, Deputy Director, Swedish Ministry of Culture
Switzerland/Suisse
Mr Frédéric RIEHL, Service des Affaires internationales, Office fédéral de la communication, Département fédéral de l’environnement, des transports, de l’énergie et de la communication, rue de Bienne
Mr Thomas SCHNEIDER, Service des Affaires internationales, Office fédéral de la communication, Département fédéral de l’environnement, des transports, de l’énergie et de la communication, rue de Bienne
Mr Pierre SMOLIK, Service des Affaires internationales, Office fédéral de la communication, Département fédéral de l’environnement, des transports, de l’énergie et de la communication, rue de Bienne
"The former Yugoslav Republic of Macedonia"/"L'ex-République Yougoslave de Macédoine"
Ms Vesna POPOSKA, Head of International PR Department, Government of the Republic of Macedonia
Turkey/Turquie
Mr Bora SÖNMEZ, Radio and Television Supreme Council, Ankara
Dr Hamit ERSOY,
Prof Korkmaz ALEMDAR, Radio and Television Supreme Council, Ankara
Ukraine
Mr Oleg VOLOSHYN, Director of Deparment of Information Policy of the Ministry of Foreign Affairs
United Kingdom/Royaume-Uni
Mr Chris DAWES, Department of Culture, Media and Sport

* * *

PARTICIPANTS / PARTICIPANTS

Parliamentary Assembly of the Council of Europe/Assemblée Parliamentaire du Conseil de l’Europe (PACE/APCE)
Mr Rüdiger DOSSOW, Sub-Committee on the Media, Committee on Culture, Science and Education
Conference of International Non-Governmental Organisations of the Council of Europe / Conférence des organisations internationales non gouvernementales du Conseil de l'Europe
Mr Gabriel NISSIM, Conférence des OING du Conseil de l’Europe, Strasbourg

* * *

OTHER PARTICIPANTS

European Commission/Commission européenne
Mr Oliver FÜG, DG Information Society and Media, European Commission
Dr Philipp RUNGE, Policdy Adviser, Audiovisual and Media Policies Unit, European Commission, Directorate General for Information Society and Media, Brussels
Holy See / Saint Siège
Dr Michael LUKAS, Bischöfliche Pressestelle, Germany
United States of America
Ms Sarah LABOWITZ

Electronic Frontier Foundation
Ms Katitza RODRIGUEZ, International Rights Director
Bureau of the T-PD
Alessandra PIERRUCCI
Chair of Ad Hoc Advisory Group on Public Service Media
Mr Tim SUTER, Managing Director, Perspectives, London
Chair of Ad Hoc Advisory Group on Cross-border Internet
Mr Wolfgang KLEINWAECHTER, International Association for Media and Communication Research

* * *

OBSERVERS/OBSERVATEURS

Belarus
Mr Sergei SKVORCOV, Counsellor of the Department of Information of the Minsitry of Foreign Affairs
Association of Commercial Television in Europe, Association des Télévisions Commerciales européennes (ACT)
Mr Maxim HAUK LL.M., Legal Adviser, Association of Commercial Television in Europe, Association des Télévisions Commerciales européennes
Association of European Journalists (AEJ) / Media Freedom Representative
Mr William HORSLEY, London
Community Media Forum Europe (CFME)
Mr Helmut PEISSL
Mr Nadia BELLARDI
European Newspaper Publishers’ Association (ENPA)
Mr Holger ROSENDAL, Chefjurist/Head of Legal Department, Danske Dagblades Forening/Danish Newspaper Publishers' Association
European Broadcasting Union / Union Européenne de Radio-Télévision (EBU)
Mr Michael WAGNER, Deputy Director, Legal and Public Affairs
Mr Ignasi GUARDANS, Director, Public Affairs and Member Relations
Permament Conference of the Mediterranean Audiovisual Operators / Conférence Permanente de l’audiovisuel méditerranéen (COPEAM
Ms Alessandra PARADISI, Secretary General
Ms Micol PANCALDI, Training Division

* * *

INTERPRETERES / INTEPRETES
Ms Sarah ADLINGTON
Ms Anne FORDER
Ms Alison SMITH
Ms Shéhérazade HOEYR
Ms Sylvie STELLMACHER
Mr Jean-Louis WUNSCH

SECRETARIAT
Mr Jan KLEIJSSEN, Directeur, Direction des Activités Normatives, Direction Générale des Droits de l’Homme et des Affaires Juridiques / Director, Directorate of Standard-Setting, Directorate General of Human Rights and Legal Affairs
Mr Jörg POLAKIEWICZ, Chef du Service du développement des droits de l'Homme, Direction des Activités Normatives, Direction Générale des Droits de l’Homme et des Affaires Juridiques / Head of Human Rights Development Department, Directorate of Standard-Setting, Directorate General of Human Rights and Legal Affairs
Mr Jan MALINOWSKI, Head of Media and Information Society Division, Secretary of the CDMC, Directorate General of Human Rights and Legal Affairs / Chef de la Division Médias et Société de l’Information, Secrétaire du CDMC, Direction Générale des Droits de l’Homme et des Affaires Juridiques
Ms Anne BOYER-DONNARD, Principal Administrative Assistant, Directorate General of Human Rights and Legal Affairs / Assistante d’Administration, Direction Générale des Droits de l’Homme et des Affaires Juridiques
Ms Elvana THAÇI, Administrator, Directorate General of Human Rights and Legal Affairs / Administrateur, Direction Générale des Droits de l’Homme et des Affaires Juridiques
Ms Natalia VOUTOVA, Administrator, Directorate General of Human Rights and Legal Affairs / Administrateur, Direction Générale des Droits de l’Homme et des Affaires Juridiques
Ms Marise BOYLAN, Assistant, Directorate General of Human Rights and Legal Affairs / Assistante d’Administration, Direction Générale des Droits de l’Homme et des Affaires Juridiques
Ms Corinne GAVRILOVIC, Assistant, Directorate General of Human Rights and Legal Affairs / Assistante d’Administration, Direction Générale des Droits de l’Homme et des Affaires Juridiques
Ms Julia WHITHAM, , Directorate General of Human Rights and Legal Affairs / Assistante d’Administration, Direction Générale des Droits de l’Homme et des Affaires Juridiques

Appendix II

MEETING AGENDA

1) Opening of the meeting

2) Adoption of the agenda

3) Decisions of the Committee of Ministers of interest to the work of the CDMC

    Reform process
    Standing Committee on Transfrontier Television (T-TT)
    Texts adopted by the Parliamentary Assembly of the Council of Europe

4) Draft instruments or texts for consideration by the CDMC

5) Work between meetings

6) Work of CDMC subordinate bodies

    Committee of Experts on New Media – ( MC-NM)
    Ad hoc Advisory Group on Public Service Media Governance (MC-S-PG)
    Ad hoc Advisory Group on Cross-border Internet (MC-S-CI)
    Ad hoc Advisory Group on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR)

7) Work programme for the CDMC in 2011 and 2012

    Libel tourism
    Gender mainstreaming and gender proofing

8) Implementation of Council of Europe standards on media and freedom of expression prepared under the authority of the CDMC

    Roles and responsibilities of the European ISPs
    Follow-up on the Resolution on developments in anti-terrorism legislation in Council of Europe member states and their impact on freedom of expression and information
    Wikileaks

Egypt / possible consequences of shut down of internet connections

9) Working methods

    Restricted web sites
    Meeting documents

10) Next Council of Europe Conference of Ministers responsible for Media and New Communication Services

11) Internet Governance and implementation of WSIS action lines

    EuroDIG, Belgrade 30-31 May 2011
    IGF, Nairobi, 27-30 September 2011

12) Information on the work of, and co-operation with, other Council of Europe bodies, of interest to the CDMC

13) Other information of interest to the work of the CDMC

    Presidency of the European Union: on-going and future activities related to Media and Information Society

E-G8 Forum (Paris,23-25 May 2011)

14) Administrative and budgetary matters

15) Items to be included on the agenda of the 15th meeting of the CDMC

16) Dates of next meetings

17) Other business

18) Abridged report

1 In the Resolution adopted in Reykjavik in May 2009, Ministers resolved to “review [their] national legislation and/or practice on a regular basis to ensure that any impact of anti-terrorism measures on the right to freedom of expression and information is consistent with Council of Europe standards, with a particular emphasis on the case law of the European Court of Human Rights”. The Russian Federation made a reservation in respect of this commitment and, consistent thereto, also made a reservation in respect of this related CDMC decision.

2 The Committee of Ministers Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods stipulates inter alia that:
“Documents requiring a decision, whether originating from the Secretariat or from a member, shall be sent, in the official languages (cf. Article 6 below), to members at least three weeks before the opening of the meeting at which the decision is to be taken. In exceptional cases, however, the committee may, if no member objects, consider a document submitted later. Use should be made of information technology whenever possible.”

3 In this connection, the Committee of Ministers Resolution Res(2005)47 stipulates that, subject to quorum requirements, “decisions of the steering committees are taken by a two-thirds majority of the votes cast” i.e. majority of “votes of members cast for or against. Members abstaining shall be regarded as not having cast a vote.”