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Strasbourg, 31 July 2006

CDMC(2006)009

 

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STEERING COMMITTEE ON
THE MEDIA AND NEW COMMUNICATION SERVICES

(CDMC)

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3rd meeting
30 May to 2 June 2006
Meeting room of the Directorate General of Human Rights

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Meeting Report

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Item 1 and 2 of the agenda: Opening of the meeting and adoption of the agenda

1. The Steering Committee on the Media and New Communication Services (CDMC) held its 3rd meeting from 30 May to 2 June 2006 in Strasbourg. The meeting was chaired by Mr Karol Jakubowicz (Poland).

The Chairperson opened the meeting and welcomed the participants. The list of participants is set out in Appendix I. The agenda, as adopted, appears in Appendix II.

Item 3 of the agenda: Information on the decisions of the Committee of Ministers of interest to the work of the CDMC

2. The CDMC took note of two documents recently adopted by the Committee of Ministers of direct relevance to the Committee’s work, the first being Resolution (2005) 47 on committees and subordinate bodies, their terms of reference and working methods, adopted on 14 December 2005 and which is now the reference text for intergovernmental cooperation work within the Council of Europe, and the second being the new Terms of reference of the Steering Committee on the Media and New Communication Services (CDMC), adopted on 15 February 2006 at the 956th meeting of the Ministers’ Deputies. These texts were also discussed under Item 7 of the agenda.

The CDMC also noted that at their 953rd meeting (3 February 2006) the Ministers’ Deputies had taken “note with satisfaction” of the message from the CDMC regarding the importance of the Council of Europe taking an active part in the follow-up and implementation phase of the WSIS process (cf. item 11) and that at their 954th meeting (5 February 2006) the Ministers’ Deputies had adopted Recommendation Rec(2006)3 on the UNESCO Convention on the protection and promotion of the diversity of cultural expressions prepared under the authority of the CDMC (cf. item 13 (iii)).

3. As regards other Committee of Ministers’ decisions, the CDMC took note of the reply adopted on 18 January 2006 by the Committee of Ministers to Parliamentary Assembly Recommendation 1706 (2005) on Media and Terrorism in the light of the Bureau’s contribution to this text.

Item 4 of the agenda: Follow-up to the monitoring procedure of the Committee of Ministers on freedom of expression and information

    4. Under this item of the agenda, which now appears in point 4.iii of the CDMC’s newly revised terms of reference, the Steering Committee recalled that, at the end of its monitoring procedure concerning freedom of expression, in December 2004, the Committee of Ministers instructed it to look into the question of defamation, the independence of public service broadcasting and media pluralism vis-à-vis media concentration.

    In examining the progress being made in responding to these instructions, the CDMC considered that the first and second elements above were being adequately dealt with, in the form respectively of a detailed response to the Committee of Ministers on the subject of defamation and a proposed declaration on the independence of public service broadcasting (cf. items 8 and 9).

    With regard to the third element, it noted in particular the work being done on the subject by its subordinate Group of Specialists on Media Diversity (MC-S-MD), notably as regards the possible updating of two related Committee of Ministers Recommendations and exploring possible monitoring methods. The CDMC decided however, that, to provide a comprehensive response to the Committee of Ministers on this issue, in addition to the work being carried out by the MC-S-MD an additional document should be prepared. This document, which could take the form of a draft political declaration, will look at the risks to democracy or to democratic processes that might result from media concentration to an extent that could give media groups the power to separately or jointly set the agenda of public debate or shape public opinion.

    The Secretariat was asked to prepare a first draft of this text, if possible in time for it to be submitted to the MC-S-MD for comments at its meeting on 21 and 22 September 2006. This draft and any observations made by the MC-S-MD will be examined by the Bureau during its next meeting (11 and 12 October 2006). The draft should be ready in time for it to be considered by the CDMC at its 4th meeting.

    When transmitting its proposal to the Committee of Ministers, the CDMC will provide information on its work on media concentration and pluralism and indicate that, given the importance of the issue, the Steering Committee is likely to continue to pay attention to the subject in the future.

Item 5 of the agenda: Request for observer status

5. By letter of 17 January 2006, addressed to the Chair of the CDMC, the non-governmental organisation Article 19 formulated a request to be granted observer status with the CDMC and two of its groups of specialists, namely the Group of specialists on freedom of expression and information in times of crisis (MC-S-IC) and the Group of specialists on public service broadcasting in the Information Society (MC-S-PSB).

In this context, Mr Peter Noorlander presented on behalf of Article 19 information concerning the work, the status, the financing and composition of that organisation. In particular, he explained the work carried out by Article 19 in the field of freedom of expression, more particularly the organisation’s activities with regard to public service broadcasting, the protection of freedom of expression in times of crisis, as well as in other fields such as defamation or access to information. He also recalled Article 19’s initiative in elaborating the Johannesburg Principles on National Security, Freedom of Expression and Access to Information and highlighted the expertise that the organisation has obtained on the ground, in co-operation with local partners, including in a number of Council of Europe member states, for example, in Azerbaijan, Bulgaria, Moldova, Montenegro, Romania, “the former Yugoslav Republic of Macedonia” and Ukraine.

Following on from the presentation by, and an exchange with, Mr Noorlander, the CDMC discussed the possible contribution that Article 19 might bring to its work as an observer. In particular, the CDMC considered whether Article 19 met its general criteria concerning observer status (broad experience in the area of competence of the CDMC or the subordinate bodies concerned, ability to make an effective and high quality contribution to the relevant bodies’ activities, representativeness at European level) and the timing of its incorporation to the already advanced work of the two groups of specialists. It decided in favour of granting Article 19 observer status with the CDMC as well as with the requested two groups of specialists, the MC-S-IC and the MC-S-PSB.

Item 6 of the agenda: Work programme for the CDMC in 2006

6. The CDMC considered document CDMC(2005)019rev which contains an update of the work programme in respect of activities resulting from the Action Plan adopted by the 7th European Ministerial Conference on Mass Media Policy (Kyiv, March 2005), including those which are not mentioned in the terms of reference of the groups of specialists. It drew attention to the fact that those issues which had not been included in the terms of reference of its subordinate groups (in particular items 13, 22 and 24 of the Kyiv Action Plan) should be fully taken into account during the next meeting when the future activities and terms of reference for its respective groups of specialists would be considered for 2007 and 2008. With regard to the latter, it was suggested that some of these items in the Kyiv Action Plan may not specifically need to be assigned to a working group and dealt with on a separate basis, but that the principle invoked in the Action Plan might be taken into account by a group when carrying out its activities as a whole.

7. Another point raised was the growing importance of monitoring in the activities of the Council of Europe, and the difficulties in carrying out such a sensitive function, which would need to be taken into account by the CDMC for its future work. It was recalled, that the main monitoring function required of the Steering Committee involved evaluating how far specific non-binding instruments have been implemented in member States, and was not of the same nature as the monitoring activities carried out by the Committee of Ministers and the Parliamentary Assembly of the Council of Europe. However, it would be useful if some discussion could be given to the methodology to be used for such exercises (cf. item 10 below).

In this context, one delegation suggested that the CDMC might consider the feasibility of elaborating a binding instrument on freedom of expression and information. In response, concerns were raised about the difficulties and risks involved in attempting to set out detailed standards related to Article 10 of the European Convention on Human Rights, the latter providing an adequate legal framework offering flexibility and allowing for development and evolution. On the other hand, it was suggested that there might be scope for an instrument providing a structure and an operational framework for a stronger monitoring mechanism of compliance with Article 10 standards, capable of reacting rapidly and flexibly to freedom of expression and freedom of media concerns in states party to that instrument with a view to addressing these concerns through dialogue and cooperation. A strong political will from member States would be required to contemplate such an exercise. The CDMC agreed to come back to this subject if there are indications that such a political will exists.

Item 7 of the agenda: Working methods of the CDMC

8. The CDMC considered the impact on its work of the recently adopted Committee of Ministers Resolution (2005) 47 on committees and subordinate bodies, their terms of reference and working methods and the new Terms of Reference of the CDMC (see item 3 above).

It decided that the following items, which had already been included on the agenda of the present meeting for initial consideration, should systematically be included on the CDMC agenda: the follow-up to the monitoring procedure of the Committee of Ministers; the implementation of non-binding instruments prepared under the authority of the CDMC; cooperation and exchanges with other countries and organisations, in particular neighbouring regions of Europe (once a year); information on targeted technical assistance and cooperation in the media field and, finally, administrative and budgetary matters.

Item 8 of the agenda: Examination 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

9. By decision of 24 November 2004, the Committee of Ministers, in the follow up to its monitoring procedure concerning freedom of expression and information, instructed the then Steering Committee on Mass Media (CDMM), inter alia to look into “the alignment of laws on defamation with the relevant case-law of the European Court of Human Rights, including the issue of decriminalisation of defamation”.

The Ministers participating in the 7th European Ministerial Conference on Mass Media Policy (Kyiv, March 2005) also requested the “review [of] the situation in member States regarding legislation on defamation through the media with a view, if necessary, to taking any appropriate initiatives in order to ensure that their domestic legislation and practice comply with Council of Europe standards.”

During its consideration of the issue during its previous meetings, the Steering Committee had decided that the most appropriate approach to be adopted in responding to the above instructions and request was to provide a full picture of the situation, setting out in clear terms the relevant case-law of the European Court of Human Rights, identifying the norms or principles that flow from it and outlining the different views expressed by delegations concerning the questions of alignment of national laws with the above-mentioned case-law and on the issue of decriminalisation.

10. At the present meeting, the CDMC examined a draft reply to the Committee of Ministers prepared by the Secretariat in the light of the Steering Committee’s discussions and further written comments provided by a number of delegations. The CDMC adopted the reply and decided to transmit it to the Committee of Ministers. It noted that, without prejudice to any further instructions that the Committee of Ministers might give in this respect, the text adopted responds to the Committee of Ministers instructions and to item 28 of the Kyiv Action Plan and, as a consequence, contributes to the implementation of Part I, Section 3 of the Action Plan adopted by the Third Summit of Heads of State and Government of the Council of Europe.

Item 9 of the agenda: Draft instruments submitted by the Groups of Specialists for consideration by the CDMC

11. In its above-mentioned decision of 24 November 2004, the Committee of Ministers also instructed the then CDMM to look into "the independence of the public broadcasting service".

Further, the Ministers participating in the 7th European Ministerial Conference on Mass Media Policy requested that “the implementation by member states of Recommendation No. R (96) 10 of the Committee of Ministers on the guarantee of the independence of public service broadcasting” be monitored “with a view, if necessary, to providing further guidance to member states on how to secure this independence".

The Group of Specialists on public service broadcasting in the Information Society (MC-S-PSB) examined the question and found that, while the situation is fully satisfactory in some member states, the situation in other member states still leaves a lot to be desired. It prepared a draft Declaration on the guarantee of the independence of public service broadcasting, which includes an appendix containing an overview on the situation in member states. The CDMC noted that these drafts had been finalised by the Secretariat having regard to comments provided by the MC-S-PSB and the Bureau.

It approved the former without change and the latter subject to certain amendments. The Steering Committee decided to transmit the draft declaration, together with its Appendix, to the Committee of Ministers for consideration with a view to its possible adoption.

12. The CDMC noted that this action responds to the Committee of Ministers on the subject and it contributes to the implementation of part I, section 3, of the Action Plan adopted by the Third Summit of Heads of State and Government of the Council of Europe, by reference respectively to item 16 of the Kyiv Action Plan adopted by the 7th European Ministerial Conference on Mass Media Policy (Kyiv, March 2005).

13. The CDMC recalled that the Ministers participating in the 7th European Ministerial Conference on Mass Media Policy requested “support [for] steps to promote, at all stages of education and as part of ongoing learning, media literacy which involves active and critical use of all the media, including electronic media” and that “the adoption by member states of measures to ensure, at the pan-European level, a coherent level of protection for minors against harmful content in traditional and new electronic media, while securing freedom of expression and the free flow of information” be promoted.

The CDMC’s subordinate Group of Specialists on Human Rights in the Information Society (MC-S-IS) examined this matter and identified empowerment through learning as an important means of protecting children against harmful content. Accordingly, it elaborated a draft Recommendation on empowering children in the new information and communications environment.

The Steering Committee examined and introduced certain changes into the draft Recommendation. The French delegation, together with the German and Russian delegations, requested a further period of time in which possible proposed amendments might be submitted, as consultations with the relevant authorities were still underway. It was agreed that these delegations could send in any comments they may have up until 23 June 2006.

The Committee decided to transmit the draft Recommendation to the Committee of Ministers for consideration with a view to its possible adoption unless the French, German or Russian Federation delegation was to formally object to the text or that their comments would require further consideration by the CDMC. The CDMC noted that this action contributes to the implementation of part II, section 5, of the Warsaw Summit Action Plan and items 20 and 23 of the Kyiv Action Plan.

Item 10 of the agenda: Monitoring the implementation of non-binding instruments prepared under the authority of the CDMC

14. The CDMC noted that monitoring the implementation of non-binding instruments in its area of competence is an important task, underlined by the reference made thereto in the Steering Committee’s terms of reference.

15. At the request of the Bureau, the Secretariat had drawn up a list of non-binding Council of Europe instruments in the field of competence of the CDMC with indications as to what work was currently being undertaken in connection thereto (document CDMC (2006)006). The Secretariat introduced this document and gave an overview of possible monitoring procedures. One of them would be to send out questionnaires to member states, a method already used by several of the CDMC’s subordinate bodies, which had been mandated to carry out this kind of monitoring. The drawback was that information thus received was not necessarily complete enough to provide a comprehensive picture. It might, however, be well suited to collect examples of best practice. Another method would be for the Secretariat to collect information from different sources, possibly with the help of consultants or research institutions.

16. The CDMC considered that the two above-mentioned methods could very well complement one another. However, various participants signalled the weaknesses of those monitoring methods as regards reliability, complexity of questionnaires, and efforts required from relevant authorities. Reference was also made to the wealth of information available with civil society organisations concerning the situation in individual member states. The possibility referred to in paragraph 7 above concerning the setting-up of a stronger monitoring mechanism for freedom of expression and freedom of the media was again evoked in this context.

17. The CDMC decided that, at present, there is no need for Council of Europe wide monitoring of implementation of additional non-binding instruments. Nevertheless, it asked the Secretariat to collect information on situations giving rise to concerns as regards the independence and functioning of regulatory authorities in the broadcasting field. It noted that Recommendation (2000) 23 is one of the most important texts prepared by the CDMM in recent years and no work is currently being carried out with respect to it. The information gathered by the Secretariat would be examined at the next meeting of the CDMC. The expert from Romania volunteered to help with this task.

Item 11 of the agenda: Internet governance

      (i) Examination of the possible contribution of the Council of Europe to the Internet Governance Forum (Greece, October 2006)

18. The CDMC took note that, at their 953rd meeting (3 February 2006), the Ministers’ Deputies “took note with satisfaction” of the message from the CDMC regarding the importance of taking “[…] an active part in the follow-up and implementation phase of the WSIS process, making the Organisation a fully-fledged partner in the discussions undertaken concerning Internet governance, thereby bringing a strong human rights dimension to the Internet Governance Forum”.

19. The CDMC held an exchange of views on the IGF and the issues regarding Internet governance which refer to Council of Europe priorities, such as the protection and empowerment of children, ethics, data protection and the right to privacy. Information security and spam were also mentioned in this context.

The importance of discussing the human rights dimension of the Information Society on the global platform of the IGF was, in particular, underlined. The CDMC supported the Council of Europe role in enriching this discussion process and, in line with the view of the Bureau, encouraged the Secretariat to prepare a Council of Europe submission to the IGF exploring the very concept of Internet Governance from a Council of Europe human rights perspective1.

Item 12 of the agenda: Copyright in the context of the work of the CDMC

    20. The CDMC took note of the decision taken by the Bureau to postpone discussion on point 18 of the Action Plan, adopted at the 7th Ministerial Conference on Mass Media Policy, regarding copyright2 in order for Mr Garegin Chugaszyan (Armenia) to participate in the workshop on copyright and freedom of expression organised by the Asociacion Literaria y Artistica para La Defensa del Derecho de Autor (ALADDA), Spanish section of Association littéraire et artistique internationale (ALAI), which will be held in Barcelona on 19 and 20 June 2006.

    The CDMC agreed on this approach, and asked Mr Chugaszyan to report to it on developments concerning the protection and circumvention of copyright and their impact on freedom of expression, and to inform the CDMC of other relevant discussions in international fora.

    The CDMC agreed to resume discussions on copyright with regard to the draft questionnaire kindly prepared by the members of the informal working group and the planned hearing on copyright at its next meeting.

Item 13 of the agenda: Work of the CDMC’s subordinate bodies

      (i) General exchange with the chairpersons of the groups of specialists

    21. The Chairpersons of the CDMC’s four groups of specialists had been invited to present the work of the groups and hold an exchange with Steering Committee members. The objectives were to take stock of progress with regard to the implementation of the Action Plan which was adopted during the 7th Ministerial Conference on Mass Media Policy and to discuss working methods. The groups of specialists were represented at the meeting by one of their chairpersons (MC-S-MD), an acting chairperson (MC-S-PSB), the deputy chairperson (MC-S-IS) and the group’s secretary (MC-S-IC).

    A general discussion was held, with a view to identifying difficulties which may have arisen in the work of the groups of specialists, how they might be avoided in the future, and ways in which the Steering Committee might be able to provide further support or guidance in their current and future work.

    In this context, the Chairperson recalled that the Bureau had held a preliminary discussion with the representatives of the CDMC’s specialist groups the day before. Following an objective examination of the progress made in fulfilling the respective terms of reference, a number of points were raised during the discussions which would need to be borne in mind when reflecting on possible future activities and terms of reference for the groups (cf. CDMC-BU (2006)003, paragraphs 9 - 18).

    22. In addition to the points raised during the Bureau meeting, and which were confirmed during the present meeting, members of the CDMC also pointed out that some groups of specialists had embarked on activities that were strictly beyond the scope of their terms of reference or the instructions received from the Steering Committee. Whilst such activities were of course valid and worth pursuing, the first priority of the groups of specialists should nevertheless remain the execution of their terms of reference and CDMC instructions in the strictest sense and, in consequence, implementation of the Kyiv Action Plan. In this context, it was recalled that the Council of Europe’s primary role is to set new standards, review existing standards and to monitor and report on those standards. These important and concrete functions, particularly in the light of limited budgetary resources of the Council of Europe, should therefore take precedence in the activities of the CDMC and its groups of specialists.

    23. Another issue raised during discussions was the role of expert consultants. A number of CDMC delegations expressed their appreciation of the substantial work that had been carried out by the independent expert consultants commissioned on behalf of the groups of specialists, and indicated the relevance of such studies as a contribution to the reflection process of an activity. It was mentioned that some thought might however be given to ensure that the desired balance of work between the Secretariat, consultants and the groups of specialists be achieved.

    24. The CDMC noted that, during its next meeting, after having examined any draft texts that the groups of specialists might have produced during the second half of 2006 for its consideration and possible approval, the Steering Committee would be called upon to decide on the possible future activities of its present or other subordinate groups. It was agreed that, to this end, each group of specialists be asked to prepare and to submit draft terms of reference to the Bureau for consideration, and subsequently to the CDMC.

    In preparing these draft terms of reference, the groups should take into account what has caused difficulties over the last two years, and concentrate on the items or tasks flowing from the Kyiv Action Plan which have not yet been executed. The terms of reference should be as specific as possible and realistic as to what might be achieved in the time frame permitted. Proposals for future work going beyond what is requested in the Kyiv Action Plan should be included if practicable and not detrimental to the groups’ priorities. The Bureau, at its October meeting, would examine these draft terms of reference, particularly with a view to ensuring that all items of the Kyiv Action Plan will have been covered and that there is no potential duplication of work. The draft terms of reference would then be forwarded to members of the CDMC for consideration before the 4th meeting.

      (ii) Group of Specialists on freedom of expression and information in times of crisis (MC-S-IC)

25. In the absence of the Chairperson of the MC-S-IC, and with reference to the report of the 3rd meeting of the MC-S-IC (document MC-S-IC(2006)004), the Secretary of the Group presented the progress in its work as follows.

26. Having regard to the MC-S-IC discussions and information gathered to date, the Secretariat will prepare a preliminary draft of operational guidelines on guaranteeing freedom of expression and information in times of crisis (cf. items 1, 2, 3 and 5 of the Kyiv Action Plan) which will be further developed during a meeting of a small ad hoc drafting group (26 and 27 June 2006). The text will then be examined by the MC-S-IC at its September meeting with a view to transmitting it to the CDMC in time for its 4th meeting.

27. As regards the monitoring of the implementation by member states of the texts adopted by the Council of Europe on freedom of expression and information in times of crisis (cf. item 8 of the Kyiv Action Plan), a draft paper will be prepared by the Secretariat on the basis of the suggestions made by Group members. The MC-S-IC has indicated that this paper will include a proposal for establishing a special coordinator on freedom of expression and information in times of crisis (cf. also items 1 and 3 of the Kyiv Action Plan).

28. Concerning the legal and security aspects specific to investigative journalism (cf. item 29 of the Kyiv Action Plan), the Group considered that, while it is difficult to distinguish this from other journalistic activities, it is important to highlight its value for a democratic society and to stress that initiatives designed to support such journalistic activities should be encouraged. Consequently, the Group decided to prepare a position paper on the subject and asked the Secretariat to prepare a first draft, having regard to its discussions, for consideration at the Group's next meeting.

29. It is envisaged that draft proposals also be prepared for consideration at the next MC-S-IC meeting for establishing 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 dialogue (cf. items 4 and 6 of the Kyiv Action Plan), for establishing an award for media which have made an outstanding contribution to conflict prevention or resolution, understanding and dialogue (cf. item 7 of the Kyiv Action Plan) and on possible strategies to encourage the training of media professionals in order to provide professional and independent coverage of crisis situations (cf. item 5 of the Kyiv Action Plan). As regards the latter, the Group considers that it could finally take the form of a position or strategy paper.

      (iii) Group of Specialists on media diversity (MC-S-MD)

30. The Chairperson of the MC-S-MD, Ms Zrinjka Peruško (Croatia), gave an overview of the work done by that group of specialists to date: examination of, and drawing of conclusions from, the study of the effects of media concentration on content diversity commissioned from David Ward in 2005; preparation of a recommendation inviting Council of Europe member states to ratify as soon as possible the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (adopted by the Committee of Ministers at its meeting of 1 February 2006), and monitoring of the implementation by member states of Committee of Ministers Recommendation Rec (2003) 9 on measures to promote the democratic and social contribution of digital broadcasting, through a questionnaire to which replies had to date been received from 25 member states.

31. As regards work in progress, the Chairperson of the MC-S-MD said that, taking account of the replies received to the questionnaire on implementation of Recommendation Rec (2003) 9 on measures to promote the democratic and social contribution of digital broadcasting, the Group had decided to draw up a compendium of existing good practices in member states on two subjects of particular importance to social cohesion (preparation of the public for the new digital environment and adaptation of the public service remit to the digital environment); the date on which this compendium might be available depended on, inter alia, the date on which those member states asked to report on their experience sent their replies to the Secretariat; the Group was also currently updating Recommendations Rec (94) 13 on measures to promote media transparency and Rec (99) 1 on measures to promote media pluralism. A single draft recommendation would be presented to the CDMC at its next meeting.

32. The Group was considering working on independent production, which was particularly important for pluralism.

33. The Chairperson of the MC-S-MD provided detailed information on that group’s work towards the elaboration of proposals for the monitoring of media content in the context of market concentration. The MC-S-MD’s current line of thought concerns a network of expert national correspondents selected from independent research centres, who would be responsible for continuous monitoring, on the basis of a protocol common to all, of media content in the context of market concentration. The drafting of policies and standards which might prove useful or necessary in the light of the results of such monitoring would remain within the remit of the CDMC. This approach would have several advantages: the research centres already had research experience and capacities in the media field; the cost of such monitoring would not be very high (e.g. € 10,000 Council of Europe contribution per member state); and civil society would thus to some extent be involved in the process.

At the outset, it would not be necessary to cover all member states; it would be possible to start with, for example, an initial group of some ten states, on a voluntary basis.

The Chairperson said that the MC-S-MD believed that it would be very beneficial to hold a conference with representatives of interested member states, research centres, and relevant experts with a view to exploring the matter further, and the advice of the CDMC on the matter would be appreciated.

In reply to the questions put to her, the Chairperson of the MC-S-MD recognised that no long-term study had so far been done which enabled conclusions to be drawn as to a possible link between concentration and content diversity. She also indicated that the European Audiovisual Observatory had not wished to take on the above-mentioned monitoring task and suggested that reliance on independent research centres would avoid national authorities' possible reluctance to supply information.

34. Several experts supported this project, drawing attention inter alia to the benefits of having a common methodology for data collection and the advantages of the bottom-up approach suggested by the Group. Others expressed doubts as to whether such monitoring would render useful results or whether it would be possible for the Council of Europe to adopt standards appropriate to all the situations in member states. The funding of such a network remained the crucial issue for a large number of delegations.

      (iv) Group of Specialists on public service broadcasting in the Information Society (MC-S-PSB)

35. Ms Bissera Zankova (Bulgaria), who had chaired the third meeting of the MC-S-PSB, on 27 and 28 March 2006, reported to the CDMC on the progress of the Group's work.

36. She noted, as regards the first item of its terms of reference (and paragraph 15 of the Kyiv Action Plan), namely examination of how the public service remit should be developed and adapted to suit the new digital environment, that the Group is working on a draft recommendation drawn up on the basis of a report on the subject by Mr Christian Nissen (H/Inf(2006)3) and other available documents, taking account of Parliamentary Assembly Recommendation 1641. The MC-S-PSB expects to finalise work on this document at its October meeting and submit it to the CDMC in time for the Steering Committee’s subsequent meeting.

37. Ms Zankova also told the CDMC that, in respect of the second item in its terms of reference, relating to the monitoring of the implementation by member states of Recommendation No. R (96) 10 on the guarantee of the independence of public service broadcasting (and paragraph 16 of the Kyiv Action Plan), the MC-S-PSB had prepared a draft declaration on the guarantee of the independence of public service broadcasting in member states, with an overview appendix thereto (see item 9 above).

38. Finally, where the third item of its terms of reference is concerned (and paragraph 21 of the Kyiv Action Plan) on the role of public service broadcasters in promoting wider democratic participation by individuals with the help of new interactive technologies, Ms Zankova noted that a special section on this subject had been included in the draft recommendation on the public service remit in the digital environment. She suggested that, subject to an extension of the period of the terms of reference of the MC-S-PSB, the Group could continue its work along these lines next year, for example preparing a handbook of good practices containing the experience of those public service broadcasters most advanced in promoting wider democratic participation by individuals with the help of new interactive technologies. She also said that the MC-S-PSB could, in 2007, carry out work relating to paragraphs 13 and 22 of the Action Plan, on subjects which were multidisciplinary and would require various groups of specialists to work together.

      (v) Group of Specialists on human rights in the Information Society
      (MC-S-IS)

39. Ms Heleen Janssen (the Netherlands), Vice-Chairperson of the MC-S-IS) informed the CDMC of the progress made by the MC-S-IS to implement its terms of reference resulting from its 3rd and 4th meetings on 12 and 13 December 2005 and 9 and 10 March 2006 respectively.

The CDMC also took note of proposals regarding possibilities for future work, in particular the: (i) implementation of human rights guidelines for stakeholders on the ethical roles and responsibilities of actors in the Information Society with particular regard to the transparency of their work in the processing and presentation of information; (ii) implementation of the (draft) Recommendation on empowering children in the new information and communications environment (cf. also paragraph 13 above); and (iii) follow-up to the World Summit on the Information Society including the Internet Governance Forum.

Item 14 of the agenda: Standing Committee on Transfrontier Television (T-TT)

40. The Secretary of the Standing Committee on Transfrontier Television described the work done by the committee at its previous meeting. In particular, the Standing Committee had adopted an opinion on the interpretation of Article 4 of the Convention, on freedom of retransmission.

41. Further, the committee had completed its re-examination of certain provisions of the Convention. A preliminary draft amending text would be prepared for its next meeting by the delegates who had already worked on the re-examination without prejudice to further consideration of the proposals in light of developments concerning the revision of the European Union's Television without Frontiers Directive. The Secretariat had been asked to examine the provisions which had not been subject to re-examination (role of the Standing Committee, mutual assistance, settlement of disputes), and to prepare, if necessary, proposals for the amendment of these provisions for the next meeting of the Standing Committee.

The CDMC welcomed the Standing Committee’s position and Secretariat work with a view to the geographical enlargement of the Convention both to Council of Europe member states that have not yet ratified it and to other countries which might be interested. The Standing Committee had also made a request to the Committee of Ministers to invite the Council of Europe member states that have not yet done so to ratify the Convention. The CDMC further noted with satisfaction that the Russian Federation had made known its intention to sign the Convention by the end of 2006.

42. As regards other aspects of the Standing Committee’s work, the CDMC noted that "the former Yugoslav Republic of Macedonia" had forwarded a list of major events which would be examined at the Standing Committee's next meeting. That state's delegate had also made a request for interpretation of Article 12 of the Convention.

Further, a report on measures to implement the Recommendation on the protection of minors from pornographic programmes would be completed for the next meeting of the committee.

The CDMC welcomed the Standing Committee’s decision to pursue work on revision of the Convention in parallel with the legislative process at European Union level. This would enable the Committee speedily to finalise its own work, in light of the Directive’s final text, and reduce the time difference between the entry into force of the two instruments to a minimum.

Item 15 of the agenda: Information on the work of, and co-operation with, other Council of Europe bodies, of interest to the CDMC

    a. Parliamentary Assembly of the Council of Europe

43. The Secretariat drew the CDMC’s attention to documents prepared by the Parliamentary Assembly of particular interest to the CDMC. Mr Vojtech Tkáč, participating in the meeting on behalf of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe, informed the CDMC about ongoing work of that Committee and of the Parliamentary Assembly.

    b. Congress of Local and Regional Authorities of the Council of Europe (CLRAE)

44. No information or documents of particular relevance to the CDMC had been identified from the most recent session of the CLRAE.

    c. Steering Committee for Human Rights (CDDH)

        - Committee of Experts for the Development of Human Rights (DH-DEV)

45. The CDMC took note that it had been invited to participate in the work of the CDDH’s subordinate Committee of Experts for the Development of Human Rights (DH-DEV) (16 to 18 May 2006) on the issue of “human rights in a multicultural society”. Following consultation with the Chairperson of the CDMC, Ms Delia Mucica (Romania), had been invited to represent the Steering Committee at the DH-DEV’s May meeting but, unfortunately, she had not finally been able to attend.

Mr Jörg Polakiewicz, Secretary to the DH-DEV, gave a brief summary of the work underway within the Committee of Experts. He explained that in addressing the topic of human rights in a multicultural society, the Committee had decided to give priority to two themes proposed in an information document on this issue: (i) hate speech and (ii) the wearing of religious symbols in public areas. During its meeting, the Committee of Experts decided to establish two working groups to examine in substance the two selected themes. For each of the two themes it prepared a questionnaire on national examples and practices with a view to facilitating the working groups’ discussions. The participation of a CDMC representative would particularly be welcomed in the working group dealing with hate speech.

        - Group of Specialists on access to official documents (DH-S-AC)

    46. Ms Sebnem Bilget (Turkey) who represented the CDMC at the 12th meeting of the DH-S-AC (18 and 19 January 2006) reported orally on the state of progress of work on a legally binding instrument with regard to access to official documents.

In particular she mentioned that during its meeting, the DH-S-AC had considered the content of the instrument, deciding that there should be three types of principles (a) ‘hard core’ binding principles, (b) those that should remain flexible, allowing Parties to choose the means of achieving them and (c) those that would be proposed to Parties in the form of “à la carte provisions” allowing the instrument to be adapted in the light of national systems. The Committee also discussed the form that the instrument might take, deciding in favour of a convention sui generis and considered the extent to which a follow-up mechanism would add value to the convention.

    The CDMC took note of the progress made by this Committee on the draft instrument and one delegation suggested that the CDMC might usefully be consulted by the DH-S-AC on the text of the draft instrument at some stage before its adoption and transmission to the Committee of Ministers.

    d. Consultative Council of European Judges (CCJE)

47. The CDMC took note of Opinion No. 7 (2005) on “Justice and Society”, adopted by the Consultative Council of European Judges (CCJE) at its 6th meeting (23 to 25 November 2005), particularly Section C. paragraphs 33 to 55, which deal with the relations of the courts with the media.

    e. European Commission Against Racism and Intolerance (ECRI)

48. The CDMC took note that a high-level seminar on "Combating racism while respecting freedom of expression" is being organised by the European Commission against Racism and Intolerance (ECRI) on 16 and 17 November 2006 in Strasbourg. It is expected that all members of the Bureau be invited to attend the seminar so as to be able to bring both their expertise as well as a governmental perspective to the debate. The CDMC will be informed of the results of this seminar at its 4th meeting.

    f. Ad Hoc Committee on e-governance (CAHDE)

49. The CDMC held an exchange of views with Mr Michael Remmert, Manager of the Council of Europe Project on “Good Governance in the Information Society”, on the new Ad hoc Committee on e-governance (CAHDE) and its terms of reference that were adopted by the Committee of Ministers on 24 May 2006. In this regard, the CDMC took note of the last paragraph of item 6 of the terms of reference which states that “The Committee shall seek the opinion of the CDLR and CDMC”.

The CDMC considered the complementarity and potential synergies with the CAHDE, in particular with respect to the implementation of certain items of the Action Plan of the 7th European Ministerial Conference on Mass Media Policy. It was noted that there should be close cooperation between the CDMC or its groups of specialists and CAHDE.

The CDMC agreed to be represented at the first meeting of the CAHDE, which will take place in Strasbourg on 18 and 19 September 2006. It was proposed that Ms Delia Mucica (Romania) represent the CDMC at that meeting. The Bureau was asked to take a final decision on the subject.

Item 16 of the agenda: Assistance and technical co-operation programmes being implemented by the Media Division

    50. In accordance with paragraph V.5.2.d. of Resolution (2005) 47 on committees and subordinate bodies, their terms of reference and working methods, the Secretariat should “regularly inform the committees on the targeted dissemination and support programmes developed and implemented within the sphere of their responsibility”. The Secretariat accordingly drew the attention of the CDMC to the Programme of Assistance and Technical Co-operation Activities in the Media Field for 2006 (ATCM(2006)001). The CDMC noted that while some funding for these programmes comes from the Ordinary Budget of the Council of Europe, the Media Division relies heavily on voluntary contributions from member States and on Joint Programmes with the European Union. Voluntary contributions from member states are also welcome in respect of certain aspects of the intergovernmental cooperation activities handled by the Media Division.

Item 17 of the agenda: Co-operation and exchanges with other countries and organisations, in particular neighbouring regions of Europe

    51. The CDMC took note that in accordance with its newly revised terms of reference (see document CDMC(2006)003), the CDMC is called to “develop co-operation and exchanges with other countries and organisations, in particular in neighbouring regions of Europe, on questions falling within its area of competence.” In this respect, the Secretariat recalled that the OSCE contributes regularly to the work of the CDMC and its groups of specialists and that extensive co-operation exists between the Media Division of the Council of Europe and the European Union in the context of joint co-operation and assistance programmes in the field of media. It was also recalled that some co-operation already exists with Trans-Mediterranean organisations in the context of the T-TT activities.

    Following the suggestion of one delegation, the CDMC requested that the Secretariat provide it, once a year, with a short report on co-operation taking place in the media field with other countries and organisations, particularly in neighbouring regions of Europe.

Item 18 of the agenda: Administrative and budgetary matters

52. In accordance with Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods, the Secretariat provided the CDMC with a general overview of relevant administrative and budgetary matters, notably to the effect that discussions in the Committee of Ministers on priorities for 2007 had already begun, in the framework of a budget remaining at zero real growth.

In this context, the CDMC underlined that the Council of Europe is the only European organisation committed to the development, refinement and updating of freedom of expression and information standards, with an unequalled record of excellence in this field. This work is essential for Europe as a whole. All other European organisations, and many global ones rely on the work of the Council of Europe in this field and constantly draw on it in their own activities. The role of the CDMC in developing and upgrading those standards in the context of new communication services has been confirmed by the broadening of the Steering Committee’s terms of reference in light of the Action Plan adopted at the 7th European Ministerial Conference on Mass Media Policy (Kyiv, March 2005) which was fully endorsed by the Third Summit of Heads of State and Government of the member states of the Council of Europe.

53. The CDMC asked the Secretariat to inform it, in preparation of its next meeting, of relevant budgetary decisions in order for the CDMC to plan its activities for 2007, in particular as regards its subordinate groups of specialists whose current terms of reference end on 31 December 2006. The Bureau should be in a position to consider the groups of specialists’ terms of reference during its October meeting, in order to submit proposals in time for the CDMC meeting in November 2006.

54. On a more practical level, the CDMC was informed that, with a view to reducing overheads, in particular as regards printing and postal costs, documents which have been made available in electronic form (e.g. e-mail or restricted website) in advance of the meeting, will no longer be made available in paper form in the meeting room. Experts are therefore asked to ensure that they bring all pertinent working documents with them to meetings. All groups of specialists will be informed orally of this approach at each of their next meetings; the new policy will take effect at all subsequent meetings.

Item 19 of the agenda: Other information of interest to the work of the CDMC

    a. Preparation of the 2006 European Forum on Human Rights in the Information Society

55. The CDMC took note of the Pan-European Forum on Human Rights in the Information Society: Empowering Children and Young People which will be held in Yerevan, on 5 and 6 October 2006. The Forum will be co-organised with the CDMC representative from Armenia with the support of the Ministry of Foreign Affairs of Armenia.

    b. Follow-up to the third phase of the World Summit on the Information Society

56. The CDMC took note of the information provided by the Secretariat regarding the follow-up to the WSIS in particular with regard to the implementation of action lines C8 on “Cultural diversity and identity, linguistic diversity and local content”, C9 on “Media” and C10 on “the ethical dimension of the Information Society” appended to the Tunis Agenda for the Information Society that was adopted during the Second Phase of the WSIS in Tunis in November 2005.

The Chairperson considered that this was an opportunity for the Council of Europe to take an active role in the implementation of the WSIS and subsequently invited: (i) the Secretariat to prepare and circulate to the CDMC an information document on the WSIS/IGF process, and (ii) the MC-S-IS to take steps to contribute to the implementation of the action lines, which are being facilitated and moderated by UNESCO.

    c. Report on the Austrian Presidency of the European Union

57. The delegate from Austria gave an oral presentation on the Austrian Presidency of the European Union. During this Presidency, the European Union has worked on four issues of particular interest to the CDMC: Audiovisual media services directive, a draft recommendation on the protection of minors and the right to reply, a support programme for the European audiovisual sector (2007 – 2013) and the content of a creative economy. The delegate informed the Steering Committee on progress made in the four areas.

Item 20 of the agenda: Elections to the Bureau of the CDMC

58. The CDMC was informed that during the meeting of the Bureau in April 2006, Mr Eric Franssen (Belgium) announced that he was shortly to be called to other duties within his administration. As a consequence, he would no longer be able to take part in the work of the CDMC and its Bureau. It was recalled that, given that Mr Franssen had been elected to the Bureau at the 2nd CDMC meeting for a period of two years, the person elected to replace him would serve the remainder of this two-year term (i.e. expiring on 31 December 2007). Mr Frédéric Riehl (Switzerland) was elected to the Bureau by the CDMC, for the said term.

Item 21 of the agenda: Dates of the next meetings

59. The CDMC took note of the dates of its 4th meeting (28 November to 1 December 2006) and of the timetable for the remaining meetings of its subordinate bodies and the T-TT in 2006 (cf. document CDMC(2006)001rev).

Item 22 of the agenda: Items to be included on the agenda of the 4th meeting of the CDMC

60. The CDMC considered and, following the inclusion of one additional item (on working methods), approved the list of items to be included in the agenda for its 4th meeting (cf. document CDMC(2006)007).

Item 23 of the agenda: Other business

      a. Intercultural Dialogue

61. The Committee examined the Committee of Ministers guidelines on the preparation of a White Paper on Intercultural Dialogue (CM(2006)44 final) which had been transmitted to it by the Chairman of the Committee of Ministers for a possible contribution. The CDMC agreed that an appropriate response would need to be provided. This response should take the form of suggestions of concrete measures which might be taken in order to promote intercultural dialogue, with regard to each of the three specific fields identified in the white paper.

62. In this context, the Committee decided that as a first step, the Secretariat would list existing Council of Europe standards in the media field which are relevant to the themes identified by the Committee of Ministers. This list will be disseminated to all members of the CDMC and of the four groups of specialists, asking them to make suggestions as to what practical responses or future orientations might be put forward as part of the response from the CDMC.

      b. Departure of expert

63. The CDMC was informed that Ms Sebnem Bilget (Turkey) would be moving on to new functions and would therefore no longer be attending meetings of the CDMC. The Steering Committee thanked her warmly for her substantive and valuable contribution to the work of the CDMC over the years.

Item 24 of the agenda: Abridged report

64. The CDMC examined the draft abridged report on the meeting to be submitted to the Committee of Ministers (cf. document CDMC(2006)008) and adopted it subject to certain amendments. The full meeting report should be sent to members at the earliest opportunity, with a view to its adoption following the procedure and within the time frame outlined in Resolution (2005) 47 mentioned above.

* * *

Appendix I

List of participants

MEMBER STATES / ETATS MEMBRES

Albania/Albanie
Mr Armand SKAPI, Head of Press and Public Diplomacy Department, Ministry of Foreign Affairs, TIRANA

Andorra/Andorre
[Apologised/Excusé]

Armenia/Arménie
Mr Garegin CHUGASZYAN, Executive Director, IT Foundation, YEREVAN

Austria/Autriche
Mr Matthias TRAIMER, Head of Department, Media Affairs and Information Society, Federal Chancellery, Constitutional Service, VIENNA

Azerbaïdjan
Mr Nazim ISAYEV, Deputy Head of the Department for social-political issues, Executive Office of the President of the Republic of Azerbaijan, BAKU

Belgium/Belgique
Mme Muriel COLOT, Attaché au Service général de l’audiovisuel et des Multimédia, Communauté française de Belgique, BRUXELLES

[Apologised/Excusé]
Monsieur Marc CHATELET, Directeur adjoint, Administratie Media, Section Media et Film, Ministerie van de Vlaamse Gemeenschap, BRUSSEL

[Apologised/Excusée]
Ms Saskia DIERICKX, Ministry of the Flemish Community, Administration Médias, Adjont du Directeur, BRUXELLES

Bosnia and Herzegovina/Bosnie et Herzégovine
[Apologised/Excusée]
Ms Dunja MIJATOVIC, Director of Broadcasting, Communications Regulatory Agency, SARAJEVO

[Apologised/Excusée]
Ms Amelia ODOBASIC, Head of Public Affairs, Communications Regulatory Agency, SARAJEVO

Bulgaria/Bulgarie
Mlle Zornitza ANGUELOVA, State Expert, Information Society Policy and Development Division, State Agency for Information Technologies and Communications, SOFIA

Ms Bissera ZANKOVA, Media expert, State Agency for Information Technologies and Communications, SOFIA

Croatia/Croatie
Ms Ivana MORIĆ, Minister Plenipotentiary, Independent Department for Analytics, Ministry of Foreign Affairs and European Integration, ZAGREB

Cyprus/Chypre
Mr Andreas CHRISTODOULOU, Head of Media Section, Ministry of the Interior, NICOSIA

Dr Eleonora GAVRIELIDES, Head of Foreign Press, Audiovisual Productions and Publications Division, Press and Information Office, Ministry of Interior, NICOSIA

Czech Republic/République Tchèque
Mr Artuš REJENT, Media Department, Ministry of Culture, PRAGUE

Denmark/Danemark
Ms Pernille RAHBEK, Head of Section, Ministry of Culture, COPENHAGEN

Estonia/Estonie
Mr Peeter SOOKRUUS, Head of Media and Copyright Department, Ministry of Culture, TALLINN

Finland/Finlande
Ms Kristina HAUTALA-KAJOS, Counsellor for Cultural Affairs, Ministry of Education and Culture, HELSINKI

Ms Aleksandra PARTANEN, Ministry of Transport and Communications Finland, HELSINKI

France
Mme Martine COQUET, Chef du bureau des affaires juridiques et multilatérales, Direction de l’audiovisuel extérieur, Ministère des Affaires Etrangères, PARIS

M. Frédéric DEROIN, Adjoint au chef du bureau des affaires européennes et internationales, Services du Premier Ministre, Direction du développement des médias, PARIS

Georgia/Géorgie
Tamar KINTSURASHVILI, General Director, Public Broadcasting of Georgia, TBILISI

Germany/Allemagne
Mr Bernd MÖWES, Head of Media Section "International Media Policy", Federal Government Commissioner for Culture and the Media, BERLIN

Mr Tim SCHÖNBORN, Policy Officer for Media Affairs, State Chancellery of Rhineland-Palatinate (Rheinland-Pfalz), Media Department MAINZ

Greece/Grèce
Mme Marina PAPANASTASIOU, Press Attaché, Secrétariat Général pour la Communication, Secrétariat Général pour l’Information, ATHENES

Hungary/Hongrie
Mr György OCSKÓ, Head of Presidential Secretariat, National Radio and Television Commission (ORTT), BUDAPEST

Ms Viktória PÁLÓCZI-HORVÁTH, Honorary Chief Counsellor in Charge of EU Affairs / EU coordination, Ministry of Cultural Heritage, BUDAPEST

Iceland/Islande
Ms Elfa Yr GYLFADÓTTIR, Adviser, Office of cultural affairs, Ministry of Education, Science and Culture, REYKJAVIK

Ireland/Irlande
[Apologised/Excusé]
Mr Paul MULQUEEN, Broadcasting Policy Division, Department of Communications, Marine and Natural Resources, DUBLIN

Italy/Italie
[Apologised/Excusé]
Mr Giovanni BRUNO, Director, Ministry of Communications, Directorate General for electronic communication services and broadcasting, ROMA

Latvia/Lettonie
Mr Andris MELLAKAULS, Member, Head of International Relations, National Broadcasting Council of Latvia, RIGA

Mrs Dace BUCENIECE, Lawyer, National Broadcasting Council of Latvia, RIGA

Liechtenstein
[Apologised/Excusé]

Lithuania/Lituanie
Mr Rolandas KVIETKAUSKAS, Undersecretary, Ministry of Culture, VILNIUS

Luxembourg
[apologised for absence/excusée]
Mme Isabelle MARINOV, Ministère d’Etat, Service des Médias et des Communications, LUXEMBOURG

Malta/Malte
[apologised for absence/excusée]
Dr Peter GRECH, Assistant Attorney General, Office of the Attorney General, VALLETTTA

Moldova
Mr Aureliu CIOCOI, Head of the Directorate for Cooperation with the Council of Europe and Human Rights Issues, Ministry of Foreign Affairs and European Integration, CHISINAU

Monaco
[Apologised/Excusé]
Madame Marie-Pierre GRAMAGLIA, Conseiller Technique au Département des Finances et de l’Economie de Monaco

Netherlands/Pays-Bas
Mr Nol REIJNDERS, Deputy Head of Media Policy, Ministry of Education, Culture and Science, Department for Media, Literature, Libraries, THE HAGUE

Norway/Norvège
Mr Olav GUNTVEDT, Assistant Director General, Norwegian Ministry of Culture and Church Affairs, Department of Media and Copyright, OSLO

Poland/Pologne
Mr Karol JAKUBOWICZ, Chairperson of the CDMC/Président du CDMC, Expert, National Broadcasting Council, WARSAW

[Apologised/Excusé]
Mr Wojciech KOLODZIEJCZYK, Lawyer, Department of European Integration and International Relations, National Broadcasting Council, WARSAW

Portugal
Mr Sérgio GOMES DA SILVA, Instituto da Comunicaçao Social, Departamento de Assessoria et Assuntos Internacionales, LISBONNE

Romania/Roumanie
Madame Delia MUCICĂ, Secrétaire Général, Ministère de la Culture et des Cultes, BUCUREŞTI

Mademoiselle Elly-Ana TÂRNĂCOP-MOGA, Conseillère d’intégration européenne, Ministère de la Culture et des Cultes, BUCUREŞTI

Russian Federation/Fédération de Russie
Mr Boris N. MALAKHOV, Deputy Director, Information and Press Department, Ministry of Foreign Affairs, MOSCOW

Mr Nadzhaf ABDULLAEV, Head of Division, Information and Press Department, Ministry of Foreign Affairs, MOSCOW

San Marino/Saint Marin
[Apologised/Excusé]

Serbia and Montenegro / Serbie et Monténégro3
[Apologised/Excusée]
Mrs Milka TADIC-MIJOVIC, Editor of the weekly “Monitor” Magazine, Nedeljnik MONITOR, PODGORICA

Slovakia/Slovaquie
Mr Željko SAMPOR, Media and Copyright Division, Ministry of Culture, BRATISLAVA

Slovenia/Slovénie
[Apologised/Excusé]
Mr Sašo GAZDIĆ, Head of the Department of Media and Audiovisual Culture, Ministry of Culture, LJUBLJANA

Spain/Espagne
Mr Francisco Javier BARTOLOME ZOFIO, Head of Sector, Secretary of State for Telecommunications and the Information Society, Ministry of Industry, Tourism and Commerce, MADRID

Sweden/Suède
Ms Karin LIBY, Head of Section, Media Division, Ministry of Education, Research and Culture, STOCKHOLM

Switzerland/Suisse
M. Frédéric RIEHL, Vice-Directeur, Office fédéral de la communication, Département fédéral de l’environnement, des transports, de l’énergie et de la communication, BIENNE

M. Pierre SMOLIK, Spécialiste des médias, Division des Affaires internationales, Office fédéral de la communication, Département fédéral de l’environnement, des transports, de l’énergie et de la communication, BIENNE

"The former Yugoslav Republic of Macedonia"/"L'ex-République Yougoslave de Macédoine"
Ms Vesna POPOSKA, Head of International PR Department, Government of “the former Yugoslav Republic of Macedonia”, Secretariat General, SKOPJE

Turkey/Turquie
Dr Ilhan YERLIKAYA, Media Expert, Radio and Television Supreme Council, ANKARA

Mrs Şebnem BİLGET, Head of International Relations Department, Radio and Television Supreme Council, ANKARA

Mrs Belma ÖRS, Media Expert, Radio and Television Supreme Council, ANKARA

Ms Deniz AZÇAY, Deputy to the Permanent Representative, Permanent Representation of Turkey to the Council of Europe, STRASBOURG

Ukraine
[Apologised/Excusé]

United Kingdom/Royaume-Uni
Mr Chris BONE, Broadcasting Policy Department, Department for Culture, Media and Sport, LONDON

PARTICIPANTS / PARTICIPANTS

Parliamentary Assembly / Assemblée Parlementaire
Mr Vojtech TKÁČ, Committee on Legal Affairs and Human Rights

Congress of Local and Regional Authorities of the Council of Europe / Congrès des Pouvoirs Locaux et Régionaux du Conseil de l'Europe
[Apologised/Excusé]

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, Président du Regroupement « Droits de l’Homme » de la Conférence des OING, Association Catholique Mondiale pour la Communication (SIGNIS), BRUXELLES

European Audiovisual Observatory / Observatoire européen de l'audiovisuel
[Apologised/Excusé]

OTHER PARTICIPANTS / AUTRES PARTICIPANTS

European Commission/Commission européenne
Ms Simona MARTORELLI, Seconded National Expert, DG Information Society and Media, European Commission, BRUSSELS

Canada
[Apologised/Excusé]

Holy See/Saint-Siège
Mgr Thaddeus JONES, Pontifical Council for Social Communication, VATICAN CITY

Japan/Japon
Mr Yasushi FUKE, Consul (Attorney), Consulate General of Japan, STRASBOURG

Mexico/Mexique
[Apologised/Excusé]

United States of America/Etats-Unis d’Amérique
[Apologised/Excusé]

Nordic Council of Ministers/Conseil nordique des Ministres
[Apologised/Excusé]

Organisation for Security and Co-operation in Europe (OSCE) / Organisation pour la Sécurité et la Coopération en Europe (OSCE)
[Apologised/Excusé]

United Nations Educational, Scientific and Cultural Organisation (UNESCO) / Organisation des Nations Unies pour l’éducation, la science et la culture (UNESCO).
Mme Sylvie COUDRAY, Spécialiste principale de programme, Division liberté d’expression, démocratie et paix, UNESCO, PARIS

OBSERVERS /OBSERVATEURS

Belarus
Mr Andrey POPOV, Director of the Information Directorate, Press Secretary, Ministry of Foreign Affairs, MINSK

Association of Commercial Television in Europe (ACT) / Association des Télévisions Commerciales Européennes (ACT)
[Apologised/Excusé]

European Broadcasting Union / Union Européenne de Radio-Télévision
Mr Michael WAGNER, Directeur adjoint, Département des Affaires juridiques, Union Européenne de Radio-Télévision, GRAND-SACONNEX GE

European Federation of Journalists / Fédération européenne des Journalistes
Mr Philippe LERUTH, Vice-Président, EFJ, Residence Palace – Centre International de Presse, BRUXELLES

EuroISPA
[Apologised/Excusé]

European Newspaper Publishers’ Association / Association européenne des éditeurs de journaux
Mr Per HULTENGÅRD, Legal Adviser, European Newspaper Publishers', Association c/o the Swedish Newspaper Publishers’ Association, STOCKHOLM

OTHER / AUTRE

Item 5 on the agenda
Mr Peter NOORLANDER, ARTICLE 19, LONDON

Item 11 on the agenda
Mr Michael REMMERT, Project Manager, "Good Governance in the Information Society", Directorate General of Political Affairs / Chef de Projet, “Bonne gouvernance dans la société de l’information”, Direction Générale des Affaires Politiques

Item 13 on the agenda
Ms Zrinjka PERUSKO CULEK, Chairperson of the MC-S-MD, Head of the Department for Culture and Communication, Institut for International Relations, ZAGREB

Ms Heleen JANSSEN, Chairperson of the MC-S-IS, Legal Specialist, Ministry of the Interior, Department of Constitutional Affairs and Legislation, DEN HAAG

Item 15 on the agenda
Mr Jörg POLAKIEWICZ, Secretary to the DH-DEV, Human Rights Law and Policy Division, Directorate General of Human Rights – DG II /

SECRETARIAT

Mr Hanno HARTIG, Head of Media, Equality and Minorities Department, Directorate General of Human Rights – DG II / Chef du Service Médias, Egalité et Minorités, Direction Générale des Droits de l’Homme - DG II

Mr Jan MALINOWSKI, Head of Media Division, Secretary of the CDMC, Directorate General of Human Rights - DG II/ Chef de la Division Médias, Secrétaire du CDMC, Direction Générale des Droits de l’Homme - DG II

Ms Charlotte de BROUTELLES, Administrative Officer, Secretary of the MC-S-MD, Directorate General of Human Rights - DG II / Administratrice, Secrétaire du MC-S-MD, Direction Générale des Droits de l’Homme - DG II

Mr Eugen CIBOTARU, Administrative Officer, Secretary of the MC-S-PSB, Directorate General of Human Rights - DG II / Administrateur, Secrétaire du MC-S-PSB, Direction Générale des Droits de l’Homme - DG II

Mr Lee HIBBARD, Administrative Officer, Secretary of the MC-S-IS, Directorate General of Human Rights - DG II/ Administrateur, Secrétaire du MC-S-IS, Direction Générale des Droits de l’Homme - DG II

Mr Ivan NIKOLTCHEV, Media Division, Secretary of the MC-S-IC, Directorate General of Human Rights - DG II / Division Médias, Secrétaire du MC-S-IC, Direction Générale des Droits de l’Homme - DG II

Ms Alessia SONAGLIONI, Media Division, Secretary of the T-TT, Directorate General of Human Rights - DG II / Division Médias, Secrétaire du T-TT, Direction Générale des Droits de l’Homme - DG II

Mr Pall THORHALLSSON, Media Division, Directorate General of Human Rights - DG II / Division Médias, Direction Générale des Droits de l’Homme - DG II

Ms Katherine ANDERSON, Media Division, Directorate General of Human Rights - DG II / Division Médias, Direction Générale des Droits de l’Homme - DG II

Ms Franziska KLOPFER, Media Division, Directorate General of Human Rights – DGII / Division Médias, Direction Générale des Droits de l’Homme - DG II

INTERPRETERS/INTERPRETES

Mme Amanda BEDDOWS
Mme Jennifer GRIFFITH
Mr André BERNHARD
Mme Sylvie STELLMACHER

* * *

Appendix II

Agenda

    1. Opening of the meeting

    2. Adoption of the agenda

    Working documents

      - Draft agenda of the 3rd meeting of the CDMC

    CDMC(2006)OJ1

      - Notes on the draft agenda of the 3rd meeting of the CDMC

    CDMC(2006)OJ1notes

    3. Information on the decisions of the Committee of Ministers of interest to the work of the CDMC

    Information documents

    - Report of the 2nd meeting of the CDMC (29 November to 2 December 2005)
    CDMC(2005)028

    - Resolution (2005) 47 on committees and subordinate bodies, their terms of reference and working methods

    - Terms of reference of the CDMC adopted by the Committee of Ministers (document including terms of reference of the subordinate bodies of the CDMC)
    CDMC(2006)003

    - Report of the meeting of the Bureau of the CDMC (12 and 13 April 2006)
    CDMC-BU(2006)002

      - Reply from the Committee of Ministers to Parliamentary Assembly Recommendation 1706 (2005) on Media and terrorism, adopted by the Ministers’ Deputies on 18 January 2006

    - Reply from the Committee of Ministers to Parliamentary Assembly Recommendation 1722 (2005) on Honouring of obligations and commitments by Ukraine, adopted by the Ministers’ Deputies on 11 January 2006

    4. Follow-up to the monitoring procedure of the Committee of Ministers on freedom of expression and information

    5. Request for observer status

    Working documents

- Letter from non-governmental organisation Article 19 requesting observer status with the CDMC and two of its groups of specialists and background information
CDMC(2006)004

- Terms of reference of the CDMC and its subordinate bodies
CDMC(2006)003

    6. Work programme for the CDMC in 2006

    Working documents

    - Report of the meeting of the Bureau of the CDMC (12 and 13 April 2006)
    CDMC-BU(2006)002

    - Revised work plan in respect of items of the Kyiv Action Plan not covered by the terms of reference of the Groups of Specialists
    CDMC(2005)019rev

    7. Working methods of the CDMC

    Working document

    - Resolution (2005) 47 on committees and subordinate bodies, their terms of reference and working methods

8. Examination 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

Working documents

- Revised draft reply to the Committee of Ministers on the alignment of laws on defamation with the relevant case-law of the European Court of Human Rights, including the issue of decriminalisation of defamation
CDMC(2006)002rev

- Examination 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
CDMC(2005)007fin

- Report of the 2nd meeting of the CDMC (29 November to 2 December 2005)
CDMC(2005)028

      - Report of the meeting of the Bureau of the CDMC (12 and 13 April 2006)

    CDMC-BU(2006)002

9. Draft instruments submitted by the Groups of Specialists for consideration by the CDMC

Working documents

- Draft declaration concerning the implementation by member States of Recommendation No. R (96) 10 of the Committee of Ministers on the guarantee of the independence of public service broadcasting

    MC-S-PSB(2006)002rev

- Draft appendix to the draft declaration concerning the implementation by member States of Recommendation No. R (96) 10 of the Committee of Ministers on the guarantee of the independence of public service broadcasting, summarising the situation in member States
MC-S-PSB(2006)005rev

- Draft Recommendation on empowering children in the new information and communications environment

      MC-S-IS(2006)003rev5

    - Final report of the study “Children in on-line and related off-line environments: Harmful content and risk of harm (Rachel O’Connell and Joanne Brice)
    MC-S-IS(2006)002fin

    - Abridged version of above report

    10. Implementation of non-binding instruments prepared under the authority of the CDMC

    Working documents

    - List of Recommendations and Declarations of the Committee of Ministers in the media field, and work currently being carried out in connection thereto
    CDMC(2006)006

    - Council of Europe monitoring mechanisms - Executive summary
    MC-S-IC(2005)010

    - Council of Europe monitoring procedures: an overview prepared by the Monitoring Department, Directorate of Strategic Planning

      Monitor/Inf (2004)2

    11. Internet governance

      (i) Examination of the possible contribution of the Council of Europe to the Internet Governance Forum (Greece, October 2006)

Working documents

- Written contribution submitted by the Secretariat of the Council of Europe on public policy issues for the first meeting of the Internet Governance Forum
(Athens, October 2006)

- Report of the 2nd meeting of the CDMC (29 November to 2 December 2005)
CDMC(2005)028

      - Report of the meeting of the Bureau of the CDMC (12 and 13 April 2006)

CDMC-BU(2006)002

    12. Copyright in the context of the work of the CDMC

    Working document

      - Report of the meeting of the Bureau of the CDMC (12 and 13 April 2006)

    CDMC-BU(2006)002

    Information documents

    - Report of the 2nd meeting of the CDMC (29 November to 2 December 2005)

      CDMC(2005)028

- Report on developments in international copyright law, with particular reference to new communication services and options to be followed by the CDMC and its subordinate bodies when considering copyright or other matters in respect of which copyright has an incidence, prepared by Prof. Dr. Thomas Dreier

    CDMC(2005)009

    13. Work of the CDMC’s subordinate bodies

    Working documents

    - Terms of reference of the CDMC and its subordinate bodies
    CDMC(2006)003

- Adopted texts of the 7th European Ministerial Conference on Mass Media Policy, Kyiv (Ukraine), 10 and 11 March 2005
MCM(2005)005

      - Report of the meeting of the Bureau of the CDMC (12 and 13 April 2006)

    CDMC-BU(2006)002

    - Report of the 2nd meeting of the CDMC (29 November to 2 December 2005)

CDMC(2005)028

(i) General exchange with the chairpersons of the groups of specialists

(ii) Group of Specialists on freedom of expression and information in times of crisis
(MC-S-IC)

Working document

- Report of the 3rd meeting of the MC-S-IC (6 and 7 February 2006)
MC-S-IC(2006)004

(iii) Group of Specialists on media diversity (MC-S-MD)

Working documents

- Report of the 3rd meeting of the MC-S-MD (20 and 21 March 2006)
MC-S-MD(2006)006

- Final report on the study  “The assessment of content diversity in newspapers and television in the context of increasing trends towards concentration of media markets” (David Ward, Director, Centre for Media Policy and Development)
MC-S-MD(2006)001

(iv) Group of Specialists on public service broadcasting in the Information Society (MC-S-PSB)

Working documents

- Report of the 3rd meeting of the MC-S-PSB (27 and 28 March 2006)
MC-S-PSB(2006)004

- Report “Public service media in the information society” prepared for the Group of Specialists on Public Service Broadcasting in the Information Society by Christian S. Nissen
H/Inf(2006)3

(v) Group of Specialists on human rights in the Information Society (MC-S-IS)

Working documents

- Report of the 4th meeting of the MC-S-IS (9 and 10 March 2006)
MC-S-IS(2006)008

- Report of the 3rd meeting of the MC-S-IS (12 and 13 December 2005)
MC-S-IS(2005)017

    - Final report of the study “Children in on-line and related off-line environments: Harmful content and risk of harm (Rachel O’Connell and Joanne Brice)
    MC-S-IS(2006)002fin

    - Abridged version of above report

      - Internet Literacy Handbook

      - Declaration of the Committee of Ministers on human rights and the rule of law in the Information Society

    CM(2005)56 final

    14. European Convention on Transfrontier Television (T-TT)

    Working documents

    - Report of the 40th meeting of the T-TT (10 and 11 April 2006)
    T-TT(2006)002

    - Report of the 2nd meeting of the CDMC (29 November to 2 December 2005)
    CDMC(2005)028

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

a. Parliamentary Assembly of the Council of Europe
b. Congress of Local and Regional Authorities of the Council of Europe
c. Steering Committee for Human Rights (CDDH)

        - Group of Specialists on access to official information
        - Committee of Experts for the Development of Human Rights (DH-DEV)

d. Consultative Council of European Judges (CCJE)
e. European Commission Against Racism and Intolerance (ECRI)
f. Ad Hoc Committee on e-democracy (CAHDE)
g. European Health Committee (CDSP)

    Information documents

Parliamentary Assembly

- Recommendation 1734 (2006) on the Situation in Belarus on the eve of the presidential election
- Resolution 1482 (2006) on the Situation in Belarus on the eve of the presidential election
- Resolution 1477 (2006) on the implementation of Resolution 1415 (2005) on the honouring of obligations and commitments by Georgia (see paragraph 10.6.4)
- Report on the implementation of Resolution 1415 (2005) on the honouring of obligations and commitments by Georgia (Doc. 10779)

CDDH / DH-S-AC

      - Abridged report of the 12th meeting of the Group of Specialists on access to official information (18 and 20 January 2006)

DH-S-AC(2006)004

- Report by Mrs Sebnem Bilget (Turkey) on the meeting of the Group of Specialists on access to official information
CDMC(2006)Misc001

    CCJE

      - Opinion No. 7 (2005) of the Consultative Council of European Judges on “Justice and Society”

    CCJE(2005)OP No. 7

    16. Assistance and Technical co-operation programmes being implemented by the Media Division

    Information document

      - Assistance and Technical Co-operation in the Media Field – Draft Programme for 2006

    ATCM(2006)001

    17. Co-operation and exchanges with other countries and organisations, in particular neighbouring regions of Europe

    Working document

      - Report of the meeting of the Bureau of the CDMC (12 and 13 April 2006)

    CDMC-BU(2006)002

    18. Administrative and Budgetary Matters

    19. Other information of interest to the work of the CDMC

a. Preparation of the 2006 European Forum on Human Rights in the Information Society

b. Follow-up to the third phase of the World Summit on the Information Society

c. Report on the Austrian Presidency of the European Union

    20. Elections to the Bureau of the CDMC

    Working document

    - Elections to the Bureau of the CDMC
    CDMC(2006)011

    21. Dates of the next meetings

Working document

- Timetable of meetings of the CDMC and its subordinate bodies for 2006
CDMC(2006)001rev

22. Items to be included on the agenda of the 4th meeting of the CDMC

Working document

- Items to be included on the agenda of the 4th meeting of the CDMC
CDMC(2006)007

23. Other business

24. Abridged report

Working document

- Draft abridged report on the 3rd meeting of the CDMC
CDMC(2006)008

1 This submission was prepared by the Secretariat directly after the CDMC and transmitted on 26 July 2006 to the IGF, which will take place in Athens from 30 October to 2 November 2006. This contribution can be found on the Media Division’s web site (http://www.coe.int/T/E/Human_Rights/media/).

2 Point 18 reads as follows "Monitor the impact of the development of new communication and information services on the protection of copyright and neighbouring rights, so as to take any initiative which might prove necessary to secure this protection, while ensuring a wide circulation of works and other protected material."

3 The Council of Europe member state in question subsequently became the Republic of Serbia