Strasbourg, 20 March 2000

DH-MM(2000)001

 
 

Council of Europe Activities in the Media Field

______

Directorate General of Human Rights

______

Strasbourg, 2000

______

Table of contents

I. INTRODUCTION

II. MASS MEDIA, DEMOCRACY AND HUMAN RIGHTS

III. THE DEVELOPMENT OF THE EUROPEAN AUDIO-VISUAL LANDSCAPE

IV. THE PROTECTION OF COPYRIGHT AND NEIGHBOURING RIGHTS IN THE MEDIA SECTOR

V. EUROPEAN MINISTERIAL CONFERENCES ON MASS MEDIA POLICY

VI. THE EUROPEAN AUDIOVISUAL OBSERVATORY

VII. CO-OPERATION AND ASSISTANCE PROGRAMMES IN THE MEDIA FIELD

APPENDIX A: DECLARATIONS, RECOMMENDATIONS AND RESOLUTIONS OF THE COMMITTEE OF MINISTERS IN THE MEDIA FIELD

APPENDIX B: RECOMMENDATIONS AND RESOLUTIONS OF THE PARLIAMENTARY ASSEMBLY IN THE MEDIA FIELD

APPENDIX C: CONFERENCES OF SPECIALISED MINISTERS, SYMPOSIA OF THE PARLIAMENTARY ASSEMBLY AND OTHER SPECIAL MEETINGS ORGANISED BY THE COUNCIL OF EUROPE DEALING PARTLY OR WHOLLY WITH MASS MEDIA

APPENDIX D: PUBLICATIONS

* * *

I. INTRODUCTION 

I.1 General description

1. The Council of Europe's Intergovernmental Work Programme on the mass media was introduced in 1976. However, even before the adoption of this Programme, many intergovernmental activities had already been undertaken in response to reports, recommendations and resolutions adopted by the Parliamentary Assembly of the Council of Europe. Those recommendations and resolutions, as well as various symposia on media issues organised by the Assembly, illustrate the European parliamentarians' keen interest in the function of the media as indispensable instruments of democracy.1

2. Since 1981, the intergovernmental work of the Council of Europe in the media field has been located in the Directorate of Human Rights. Since January 1987, the issues raised by "media and communication" have constituted a separate field of the intergovernmental work programme of the Council of Europe (Field II). It should be noted that the location of the mass media dossier in the Directorate of Human Rights reinforces the close links which exist between the media and the basic values which constitute the foundation of the Council of Europe. In the Vienna Declaration of 9 October 1993, the Heads of State and Government of the member States stressed these links by affirming that guaranteed freedom of expression and of the media must remain decisive criteria for assessing any application for membership of the Organisation. The proper functioning of free and autonomous media and the availability of a plurality of independent information sources are indeed essential for democracy and for international understanding. Freedom of information is not only a fundamental right per se, but also facilitates the exercise of other fundamental rights.

I.2 The Steering Committee on the Mass Media (CDMM)

3. The Committee of Ministers of the Council of Europe entrusted the implementation of the work programme in the area of the mass media to the Steering Committee on the Mass Media (CDMM), which is composed of experts designated by the governments of the 41 member States of the Council of Europe2. The European Commission and representatives of the Parliamentary Assembly also take part in its work. In addition, Armenia, Azerbaijan, Canada, the Holy See, the Nordic Council of Ministers, the OSCE, Audiovisual EUREKA, the Association of Commercial Television in Europe (ACT) and the European Broadcasting Union (EBU), are represented in an observer capacity on the Committee. Furthermore, in view of the many facets of the mass media and their global importance, several worldwide and European international organisations, as well as certain non-governmental organisations have been given observer status on the committees answerable to the CDMM.

4. In accordance with its current terms of reference, the CDMM has the task:

i. to develop European co-operation between the member States on the mass media, with a view to further enhancing freedom of expression and information in a pluralistic democratic society, as well as the free flow of information and ideas, and to fostering a plurality of independent and autonomous media, reflecting a diversity of opinions and cultures;

ii. to this effect, to work out concerted European policy measures and appropriate legal and other instruments to address the issues raised notably by the pace of technical, economic, political and other developments in the media field.

5. The work is guided by the ideas enshrined in: the Statute of the Council of Europe (1949), the European Convention on Human Rights (1950), the Declaration on the Freedom of Expression and Information (1982) and the European Convention on Transfrontier Television (1989).

6. In the implementation of the various activities, the CDMM is assisted by a number of subordinate bodies (Committees of Experts, Groups of Specialists). In 2000, these subordinate bodies comprised:

- the Group of Specialists on media pluralism (MM-S-PL);
- the Group of Specialists on media in a pan-European perspective (MM-S-EP);
- the Group of Specialists on the protection of rights holders in the media sector (MM-S-PR);
- the Group of Specialists on the impact of new technologies on human rights and democratic values (MM-S-NT);
- the Group of Specialists on media law and human rights (MM-S-HR);
- the Group of Specialists on the assessment of digital developments in the media field (MM-S-AD).

7. As noted previously, mass media have up to now constituted a fully fledged field of activity in the annual intergovernmental work programmes of the Council of Europe. The CDMM's terms of reference thus extend to all aspects of mass communication: human rights, policy, legal, cultural, economic, social and technical. This being said, insofar as mass media issues are also encountered in other sectors (i.e. culture, public health, sports, local authorities, etc.) - as is borne out in subsequent sections - the CDMM and its Secretariat maintain close liaison with other committees and departments concerned.

8. In the discharge of its work, the CDMM systematically solicits the views of the professional sectors concerned so as to ensure that policy making for the media is closely attuned to the concerns of those sectors and to the realities of the media landscape. Thus, the CDMM takes part in the Council of Europe - European Cinema and Television Office Liaison Bureau (BECT), which was set up for an experimental period of 3 years in 1991 and which was placed on a permanent footing by the Committee of Ministers at the beginning of 1994. The Liaison Bureau is a forum for dialogue and exchange of views and information between representatives of the Council of Europe bodies active in the media field (CDMM, CDCC, EURIMAGES, European Audiovisual Observatory) and the professional bodies represented in the European Cinema and Television Office (ECTO). Furthermore, the CDMM and its subordinate bodies hold consultations, in particular in the form of hearings and contact meetings, on a regular basis with representatives of professional sectors in the media field.

9. Work within the CDMM is at the origin of a number of legal and policy instruments adopted by the Committee of Ministers, namely the European Convention on Transfrontier Television (see section III.7 below), the Declaration of the Committee of Ministers on freedom of expression and information (see section II.2 below) and a series of Recommendations to the Governments of member States on different aspects of the media (see the list in Appendix A). The full texts of the Recommendations are set out in DH-MM (2000) 2. Furthermore, three binding legal instruments were concluded within the Council of Europe, prior to the creation of the CDMM, in order to improve the protection of the rights of broadcasting organisations and other right holders and to guard against violations of international telecommunications law (see section IV.2 below). Over and above the drafting of legal and policy instruments, the CDMM has also contributed to the discussions taking place at the national and European level in regard to a number of media law and policy issues through the publication of comparative analyses, case files, etc.

10. Specific mention must also be made of the organisation of the European Ministerial Conferences on Mass Media Policy, the preparation of which is entrusted to the CDMM (see section V below):

- the First European Ministerial Conference on Mass Media Policy (theme: "The Future of Television in Europe") took place in Vienna on 9-10 December 1986;

- the Second European Ministerial Conference (theme: "European Mass Media Policy in an International Context") was held in Stockholm on 23-24 November 1988;

- the Third European Ministerial Conference (theme: "Which Way forward for Europe's Media in the 1990s?") was held in Nicosia on 9-10 October 1991;

- the Fourth European Ministerial Conference (theme: "The media in a democratic society") was held in Prague on 7-8 December 1994;

- the Fifth European Ministerial Conference (theme: "The Information Society : a challenge for Europe") was held in Thessaloniki on 11-12 December 1997;

- the Sixth European Ministerial Conference (theme: “A pan-European media policy : any future ?”) will be held in Cracow on 15-16 June 2000.

11. The conclusions of the first five Ministerial Conferences are set out in document DH-MM (98) 4.

12. These Conferences provide the occasion for the competent Ministers to discuss issues of common interest, to work out concerted policy guidelines on topical problems and to lay down the future priorities of European co-operation in the media field within the Council of Europe.

II. MASS MEDIA, DEMOCRACY AND HUMAN RIGHTS 

II.1 The European Convention on Human Rights (1950

13. Freedom of expression and information, which forms the basis of the Council of Europe's mass media activities, is guaranteed by Article 10 of the European Convention on Human Rights. Article 10 states:

1. “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety , for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."

14. The 41 member States of the Council of Europe are Parties to this Convention.

15. On many occasions, the European Court of Human Rights has given interpretations of this article. These have helped to clarify both the scope of freedom of information and expression (e.g. regarding the question of the right to seek information or its applicability to commercial advertising) and the concrete meaning of the conditions, restrictions and limitations referred to in the second paragraph (e.g. administration of justice, protection of youth, protection of a person's reputation, etc).

16. In a memorable judgment in 1976, the European Court of Human Rights stressed the importance of freedom of information as one of the essential foundations for the progress of democratic society and for the development of every human being. It added that without pluralism, tolerance and broadmindedness, there can be no democracy (Handyside judgment).

17. Details of the case-law concerning Article 10 are given in document DH-MM (2000) 6. This case-law constitutes an important yardstick for the intergovernmental work in the mass media field. The Steering Committee on the Mass Media and its subordinate bodies are regularly informed of all relevant developments in the case law of the European Court and Commission of Human Rights. The CDMM has commissioned a thorough analysis of the evolution of the jurisprudence of the Convention organs in the context of Article 10, with particular emphasis on those judgements and decisions of specific relevance to areas such as media concentrations, public service broadcasting and journalistic freedoms.

18. Moreover, Article 10 of the Convention was one of the principal themes of the 6th International Colloquy on the European Convention on Human Rights, held in Seville from 13 to 16 November 1985. In particular, two reports were devoted to the question of freedom of expression and information, one of which analysed this freedom as an essential element of democracy; the other considered the conditions, restrictions and limitations of this freedom deriving from the requirements of democracy.

II.2 The Declaration on the Freedom of Expression and Information (1982)

19. On 29 April 1982, at their 70th session, the Committee of Ministers adopted a solemn Declaration on the Freedom of Expression and Information (see Appendix A).

20. In this text, which is a genuine "European Media Charter", the Committee of Ministers reaffirmed its belief in the freedom of expression and information which is proclaimed, inter alia, in Article 10 of the European Convention on Human Rights. The Ministers also set out major policy guidelines which the member States should apply in the media field in their domestic policy as well as at the international level.

21. The Declaration emphasises the freedom and autonomy of the media and the free international flow of information and ideas of all kinds regardless of frontiers. The Ministers confirmed their determination to foster this freedom by a policy which favours access to information and good telecommunications facilities, as well as international co-operation and assistance.

22. Besides Article 10 of the European Convention on Human Rights, three considerations led to the adoption of this Declaration:

- while the Convention protects freedom of information against infringements, the Declaration sets out positive conditions for its promotion;

- whereas in the Convention, freedom of information is one right among many others, the Declaration responds to the need for a specific text on this particular freedom;

- lastly, the Declaration is a text which the Council of Europe has addressed not only to its own member States - as is the case with conventions and recommendations - but to the world at large. This statement on the principles and values of European democracies in the media field is a particularly important and constructive element for international policy discussions in the field.

II.3 Mass media and equality between women and men

23. From 21 to 23 June 1983, a Seminar was organised in Strasbourg jointly by the Committee for Equality between Women and Men (CAHFM) and the Steering Committee on the Mass Media (CDMM) on "The contribution of the media to the promotion of equality between women and men".

24. The Seminar examined the role of the media as agents of social change, employment policy in media organisations from the point of view of equality between the sexes and the portrayal of women in advertising. Following the Seminar, the Committee of Ministers adopted in 1984 Recommendation No. R (84) 17 on equality between women and men in the media. The provisions of Article 7 of the European Convention on Transfrontier Television are also of relevance to the area of the media and equality between women and men. Article 7, paragraph 1, seeks to ensure that all items of transfrontier programme services respect, from the point of view of their presentation and content, the dignity of the human being and the fundamental rights of others. This particular provision reflects a number of the principles set out in the preamble to the Universal Declaration of Human Rights (1948) wherein equality between women and men is treated from the perspective of the inherent dignity and equality of all human beings. Furthermore, the provisions of Article 7 are also geared towards ensuring that transfrontier programme services avoid the portrayal of indecent or pornographic material. This latter aspect is keenly discussed in the context of policy- making for promoting equality between women and men.

25. The Third European Ministerial Conference on Equality between Women and Men (21-22 October 1993, Rome) was devoted to the theme: "Strategies for the elimination of violence against women in society: the media and other means". Sub-theme 1 dealt with "The causes of violence against women: the role of the media". The Steering Committee on the Mass Media prepared a contribution to the latter theme in which it focused on the constraints which the principles of freedom of information and expression, including editorial autonomy, place on policy-making initiatives designed to orientate media professionals towards the promotion of equality between women and men.

26. Following the Ministerial Conference, the CDMM, together with the Steering Committee for Equality between Women and Men (CDEG) organised, in Strasbourg from 29 June-1 July 1994, a Seminar on "human rights and gender: the responsibility of the media". The Seminar gave rise to a number of action proposals aimed at improving, in particular via self-regulation and professional standards, the way in which women are depicted in the media.

27. In this perspective, the CDMM and the CDEG organised in September 1998 a workshop on “good” and “bad” practices regarding the image of women in the media, which was attended by media representatives from different European countries.

II.4 Mass media and the problem of violence

28. In 1983, the CDMM examined, at the request of the Committee of Ministers, Recommendation 963 (1983) of the Parliamentary Assembly on cultural and educational means of reducing violence, and in particular Part C of this Recommendation, which deals with the increasing emphasis on and portrayal of violence in the visual media. In January 1984, the Committee of Ministers adopted a reply to the Recommendation. The latter text has become a basic reference document for the CDMM.

29. In the same year, the Fourth Conference of European Ministers responsible for Cultural Affairs (Berlin, May 1984) recommended, in Resolution No. V, the preparation of a recommendation proposing suitable measures for regulating the distribution of videograms having a violent, brutal or pornographic content.

30. Similarly, in Recommendation 996 (1984) on Council of Europe work relating to the media, the Assembly insisted that action was necessary concerning, in particular, "the quality of programme content and measures to regulate the distribution of videocassettes portraying violence and brutality likely to have a pernicious influence on children and adolescents" (paragraph 9.c.). Subsequently, in its Recommendation 1067 (1987) on the cultural dimension of broadcasting in Europe, the Assembly invited the Committee of Ministers to "accelerate and intensify its work on guidelines for reducing violence, brutality and pornography ... not only on videograms, but also with reference to broadcasting in general".

31. In the same vein, the First Conference of European Ministers responsible for Youth (Strasbourg, December 1985) recommended that the Committee of Ministers "consider the feasibility of drawing up a European Convention on the protection of young people vis-à-vis the media; speed up and strengthen the ongoing work of the Council of Europe on audio-visual programmes with a pornographic, brutal or violent content, especially where such programmes are likely to affect young people" (paragraph 34 of the final text of the Conference).

32. Furthermore, the Sixteenth Conference of European Ministers of Justice (Lisbon, June 1988) expressed concern in regard to the problem of pornography involving children and young adults (Resolution No. 3).

33. In response to the concern expressed by the Assembly and by the aforementioned Ministerial Conferences, the Committee of Ministers adopted, on 27 April 1989, Recommendation No. R (89) 7 concerning principles on the distribution of videograms having a violent, brutal or pornographic content, drawn up by the CDMM.

34. The Recommendation underlines the need for member States, in particular with a view to protecting minors, to take measures with respect to the distribution of videograms having a violent, brutal or pornographic content, as well as those encouraging drug abuse. Remaining free to make use of criminal law and dissuasive financial and fiscal measures to discourage the production and distribution of such videograms, the member States should encourage the professional sectors concerned to draw up codes of conduct and self-regulatory systems which could comprise effective mechanisms for the classification and control of such videograms, on the basis of the principles set out in the Recommendation. Such mechanisms, where appropriate, could also be instituted by public authorities, and they should include appropriate measures to punish any infringement of these mechanisms by dissuasive penalties.

35. Other aspects of violence in the mass media, such as the possible use of new communications technology for pornographic and criminal purposes, are also being considered within the framework of the Council of Europe. Thus, the Committee of Ministers has adopted, for example, Recommendation R (92) 19 on video games with a racist content.

36. The issue of transfrontier programme services of a violent nature is also discussed in Article 7 of the European Convention on Transfrontier Television (see Section III.7 below). Under the rubric "the responsibilities of the broadcaster", the Convention requires transfrontier programme services to respect the dignity of the human being and the fundamental rights of others. As regards the specific issue of violence, Article 7 provides that programme services must not "give undue prominence to violence or be likely to incite to racial hatred".

37. In view of the growing concern raised by the increase in violence in the media, in particular television, the Ministers participating in the 4th European Ministerial Conference on Mass Media Policy (Prague, December 1994) requested the Committee of Ministers of the Council of Europe to prepare, in close consultation with media professionals and regulatory authorities, possible guidelines on the portrayal of violence in the media.

38. Following this request, the CDMM established in 1995 a Group of Specialists on the portrayal of violence in the media (MM-S-VL), whose work led to the adoption by the Committee of Ministers of Recommendation No. R (97) 19 on the portrayal of violence in the electronic media (radio, television, new communications services). The Recommendation sets out in the form of guidelines the measures which States should take or promote among the different circles concerned, bearing in mind in particular the fundamental principle of editorial independence of the media, so as to restrict the gratuitous portrayal of violence in the electronic media.

II.5 Mass media and children/young people

39. Several of the policy instruments which have been adopted either at the level of the Parliamentary Assembly or at the level of the Committee of Ministers make reference to the activities of the media vis-à-vis children and young people. For example, Resolution (67) 13 of the Committee of Ministers addresses the specific issue of the impact of the press on children and adolescents. This Resolution was inspired by the report adopted by the European Committee on Crime Problems on "the press and the protection of youth" which analysed the influence of mass communication media on juveniles. The Resolution encouraged the governments of member States to make this report available to their competent authorities as well as to publishers, press associations and the general public. It also recommended, inter alia, that further research should be encouraged in this area and that those responsible for the publication of literature intended for the juvenile population should be made clearly aware of the importance of observing certain educational standards.

40. In Recommendation No. R (84) 3 of the Committee of Ministers on principles of television advertising, the governments of the member States were recommended, inter alia, to ensure that advertisements addressed to or using children should avoid anything likely to harm their interests and should respect their physical, mental and moral personality. Moreover, Article 7 of the European Convention on Transfrontier Television, in setting out the responsibilities of broadcasters in regard to the transfrontier transmission of programme services, seeks to ensure that items of programme services which are likely to impair the physical, mental or moral development of children and adolescents shall not be scheduled when, because of the time of transmission or reception, the latter are likely to watch them. Article 11, paragraph 3 of the Convention supplements the protection provided for in this Article by dealing with the specific problem of advertisements addressed to or using children, by stating that such advertisements must avoid anything likely to harm their interests and must have regard to their special susceptibilities.

41. As noted previously (see section II.4), Recommendation No. R (89) 7 containing principles on the distribution of videograms having a violent, brutal or pornographic content was specifically prepared so as to protect minors from being exposed to material of this nature. The elaboration of Recommendation No. R (92) 19 on video games with a racist content should also be viewed in this light.

42. Furthermore, the aforementioned Recommendation No. R (97) 19 on violence in the electronic media has to a large extent been prepared so as to prevent the young public being exposed to violent programmes which may impair its physical, mental or moral development.

43. The policy instruments of the Council of Europe have not been exclusively focused on the negative impact of the various media on the behaviour of children and young people. For example, in adopting Recommendation No. R (90) 10 on cinema for children and adolescents, the Committee of Ministers sought to encourage the adoption of measures at the national level for ensuring a greater involvement of youth in the cinematographic sector, including the establishment of effective systems for the production, distribution and financing of films for young people.

II.6 Journalistic freedoms and human rights

44. The activities of the Council of Europe for the promotion of the exercise of journalism in the different media (written press, radio, television) cover in particular the following areas: media concentrations and pluralism; the promotion of the editorial independence of journalists; the right of reply; access to information held by public authorities; protection of the confidentiality of journalists' sources of information; media transparency, etc.

45. A Group of Specialists on journalistic freedoms and human rights (MM-S-JF), set up under the authority of the CDMM, was instructed to prepare draft policy texts for submission to the 4th European Ministerial Conference on Mass Media Policy (Prague, December 1994), sub-theme 2 of the latter Conference being devoted to the issue of "journalistic freedoms and human rights”.

46. Against the background of a number of policy texts which have already been drawn up at both the parliamentary and intergovernmental levels of the Council of Europe, the Group of Specialists examined the following specific issues: the guarantee of unrestricted access to the journalistic profession; the protection of journalists in dangerous situations; the guarantee of genuine independence vis-à-vis political power and economic external pressures; access to information held by public authorities; the protection of the confidentiality of information sources used by journalists (including both individual sources as well as research material), and the elaboration of codes of conduct by the profession so as to enable it to regulate its own activities.

47. In carrying out its mandate, the Group of Specialists also informed itself on previous intergovernmental work which had been conducted within the Council of Europe on journalism, for example: the results of a Seminar on Human Rights and Journalism which was organised from 1-3 July 1986, the conclusions of a Round Table discussion held in Stockholm in 1974 under the auspices of the Steering Committee on Human Rights on the role of press councils, as well as the policies advocated in Resolution No. (74) 26 of the Committee of Ministers concerning the right of reply of the individual in relation to the press, radio and television. In addition, the Group of Specialists took due note of a number of initiatives of the Parliamentary Assembly which were of relevance to the work programme: Resolution 1003 (1993) and Recommendation 1215 (1993) on the ethics of journalism, adopted on 1 July 1993; the conclusions of a hearing organised by the Assembly in Helsinki on 26 June 1991 on "the ethics of journalism: abuse of the power to control information"; Assembly Resolution (428) 1970 containing a declaration on mass communication media and human rights, as well as Recommendation (582) 1970 on the same subject.

48. The principles elaborated by the Group of Specialists over the course of six meetings (March 1993 - September 1994) were embodied in a draft Resolution on journalistic freedoms and human rights, which was adopted by the Ministers participating in the 4th European Ministerial Conference on Mass Media Policy.

49. The Resolution sets out a number of basic principles which the participating States have undertaken to implement so that journalists can fully and freely exercise their profession (unrestricted access to journalistic profession, protection of the confidentiality of journalists' sources of information, access by journalists to information held by public authorities, etc.). Furthermore, the Resolution recalls several ethical principles which journalists should respect within the framework of their activities, via voluntary self-regulatory measures.

50. In line with Resolution No. 2 of the Ministerial Conference in Prague, the CDMM established in 1997 a Group of Specialists on media law and human rights (MM-S-HR), which has been mandated to examine two specific issues: (i) the protection of the confidentiality of journalists' sources of information and (ii) media reporting in the context of legal proceedings. On the first issue, the MM-S-HR has prepared Recommendation No. R (2000) 7 on the right of journalists not to disclose their sources of information, which was adopted by the Committee of Ministers in March 2000. Furthermore, the MM-S-HR has embarked on work on the question of restrictions to the disclosure of information or the dissemination of opinions concerning political figures and public officials, as this matter has been identified as an area of particular concern as regards the exercise of journalistic freedoms in certain member States.

51. Information and training activities concerning journalistic freedoms are also organised within the framework of the Council of Europe co-operation and assistance programmes in the media field (see also section VII below).

II.7 Local and regional media

52. In 1987, a Prize was created with the purpose of promoting the improvement and distribution of local, regional and national television productions in Europe which, through their diversity, epitomise the cultural identity of Europe (EUROPA Prize). It is jointly organised and financed by the Council of Europe, the European Parliament, the Commission of the European Communities, the European Cultural Foundation, Sender Freies Berlin and the Berlin Senate.

53. Within the framework of Project No. 10 (Culture and Regions), the Council for Cultural Co-operation of the Council of Europe (CDCC) organised on 29-30 November 1990 in Lille (France) the meeting "Television and the regions of Europe". On the basis of an introductory report drawn up by a consultant, this meeting enabled almost 400 representatives of the various sectors concerned (politicians, audio-visual professionals and creators) to initiate reflection on the political, economic and cultural dimensions of television in the different regions of Europe. Following up this first meeting, a Symposium on "Press, Television and Europe's Regions" was held in Cracow, Poland, from 30 September to 3 October 1993.

54. The Parliamentary Assembly of the Council of Europe adopted, on 31 January 1991, Resolution 957 (1991) on the situation of local radio in Europe. This Resolution contains a number of basic principles which should guide the introduction and development of local radio in the member States: criteria to be applied for the grant of local radio licences; provisions for preserving the independence of radio, particularly from the financial and economic point of view; requirements regarding programme content.

55. Reference should also be made to Recommendation 1228 (1994) of the Parliamentary Assembly on cable networks and local television: a challenge for Greater Europe. This Recommendation advocates the adoption of a number of measures for the benefit of local television organisations in Central and East European countries.

56. The European Charter on regional or minority languages, which was adopted by the Committee of Ministers on 22 June 1992, and entered into force on 1 March 1998, envisages in Article 11 (Media) the adoption by States parties to the Charter of a certain number of provisions designed to enable regional or minority language speakers on territories where such languages are used to have access to the media, while respecting the independence and autonomy of the media. On 31 December 1999, the Charter had been ratified by 8 States (Croatia, Finland, Germany, Hungary, Liechtenstein, Netherlands, Norway and Switzerland) and signed by a further 12 States.

57. Moreover, the Standing Conference on Local and Regional Authorities in Europe (CLRAE) adopted on 18 March 1993 Resolution 253 (1993) on the regional dimension of the European Audiovisual Area. This Resolution contains a series of recommendations addressed to the competent authorities of the member States (support for the training of media personnel as well as exchanges of personnel in the local and regional media; support for co-productions and cross border magazines programmes; etc). The Resolution also addresses a number of recommendations to the Committee of Ministers of the Council of Europe, notably as regards the need to promote meetings and information exchanges so as to promote mutual understanding of Europe's regional television services as well as the study of the creation of "an observatory or network for regional television".

58. In line with this Resolution, the Committee of Ministers adopted in January 2000 Recommendation No. R (2000) 1 on fostering transfrontier co-operation between territorial communities or authorities in the cultural field which, inter alia, suggests that transfrontier co-operation between the media should be encouraged.

59. In view of the importance of the new communications technologies at the local and regional level, the Congress of Local and Regional Authorities of Europe (CLRAE), which succeeded the aforementioned Standing Conference, set up a Working Group on the local and regional Information Society in June 1997. This Working Group was mandated to examine, inter alia, questions concerning citizen participation and education in the framework of the Information Society, local and regional industry and new communications technologies, as well as the provision of information or content concerning local and regional affairs, culture and languages via new information services. The work of the Group led to the adoption by the Congress, in June 1999, of Recommendation 54 (1999) on Local and Regional Information Society, which invites the governments of member States to inform, encourage and assist local and regional authorities in their efforts to play an active role in the construction of the Information Society.

60. Finally, it may be noted that the Local Democracy Embassies established by the CLRAE since 1993 in the countries situated on the territory of the former Yugoslavia also deal with issues related to freedom of expression and information and the independence of the media in the framework of their activities.

II.8 Mass media and tobacco, alcohol and drug dependence

61. Following work conducted in the framework of a Select Committee of experts on co-operation with the media in the field of drug addiction and dependence, the Committee of Ministers adopted in October 1986 Recommendation No. R (86) 14 on the drawing up of strategies to combat smoking, alcohol and drug dependence in co-operation with opinion-makers and the media. Reference should also be made to Article 15 of the European Convention on Transfrontier Television which expresses the concerns outlined in principle 4 of Recommendation No. R (84) 3 on principles on television advertising, and reflects the increasingly restrictive position of member States with regard to the advertising of certain products such as tobacco, alcoholic beverages and medicines which are only available on medical prescription (see section III.7).

II.9 Public access to information and exclusivity rights for the television broadcast of major events

62. Now that television is one of the major sources of information for the public, the exercise of exclusive rights by a transfrontier broadcaster may prove to be detrimental to the public's right of access to information in one or several of the countries covered by the broadcaster; part of the public may thus be deprived of the retransmission of the major event for technical reasons or be unable to obtain a commentary in its language or adapted to its national sensitivity.

63. This issue was first referred to in Recommendation No. R (84) 22 on the use of satellite capacity for television and sound radio. Subsequently, paragraph 4 of Section IV of Resolution No. 1 of the First European Ministerial Conference on Mass Media Policy and Article 9 of the European Convention on Transfrontier Television took up the issue

64. At a later stage, the CDMM set up a Working Party on exclusivity rights to major events (PO-GT-EX). As a result of its work, the Committee of Ministers adopted, on 11 April 1991, Recommendation No. R (91) 5 on the right to short reporting on major events where exclusive rights for their television broadcast have been acquired in a transfrontier context. The effect of this Recommendation is to entitle any broadcaster (secondary broadcaster), from a different country than the broadcaster (primary broadcaster) which holds the exclusive rights in a major event, to obtain from the latter a short report on the event for the information of its public.

65. The Recommendation recognises that the public's right of access to information may be materialised through the right of secondary broadcasters to communicate information on an event which is the subject of exclusive rights. It lays down the various modalities pertaining to the making and use of short reports and determines the financial terms.

66. Subsequently, the question of access by the public to events of major importance on television has also been dealt with in the amending Protocol (Articles 9 and 9a) to the European Convention on Transfrontier Television (see section III.7 below).

II.10 Media concentrations

67. Although concentration in the mass media sector has positive advantages (the preservation of media enterprises threatened with closure, the establishment of groups capable of confronting international competition, etc), the phenomenon of media concentrations, in particular as regards its multimedia form, may reach a threshold beyond which pluralism of information sources (freedom of information and expression) may be threatened. One major concern underlying the activity of the Council of Europe in this area is therefore the need to guarantee the maintenance of political and cultural pluralism and media diversity in Europe.

68. By way of follow-up to the work previously carried out within the Council of Europe in this area, the CDMM, being of the opinion that media concentrations constituted one of the priority fields in its work programme, set up at the end of 1991 a Committee of Experts on media concentrations and pluralism (MM-CM).

69. The Committee of Experts has identified a certain number of key issues. The CDMM instructed the MM-CM to give greater consideration to one of these key issues, namely media transparency, having regard to the specific problems which might arise in this area as a result of the current internationalisation of the activities of media enterprises and their integration into much larger economic groups. Following up these instructions, the Committee elaborated a series of guidelines for the promotion of media transparency provisions in the member States. The guidelines have been conceived as a menu of measures from which member States are free to choose, in accordance with their situation and requirements. The guidelines were incorporated in Recommendation No. R (94) 13 on measures to promote media transparency, which was adopted by the Committee of Ministers on 22 November 1994.

70. Over and above this specific issue, the Committee has engaged in a thorough examination of a certain number of other key factors which might require the adoption of harmonised measures at the European level (for example: vertical integration in the broadcasting sector, competition between "large" and "small" broadcasters, multimedia integration). All of these different issues, as well as the conclusions reached by the MM-CM on each of them, were the subject of an activity report which the Committee submitted to the 4th European Ministerial Conference on Mass Media Policy.

71. Following the Ministerial Conference, the MM-CM has continued to monitor the evolution of media concentrations at the pan-European level with the help of a network of national correspondents appointed by the member States. The work of the MM-CM led to the adoption by the Committee of Ministers in January 1999 of Recommendation No. R (99) 1 on measures to promote media pluralism.

72. In 1999, the CDMM established a new Group of Specialists on media pluralism (MM-S-PL) which has been mandated to examine the impact of new communication and information services, and in particular the development of digital television platforms, on media pluralism.

II.11 Public service broadcasting

73. The concepts of democracy, human rights and free circulation of information and ideas are inextricably linked to the notion of public service broadcasting. However, the latter is currently the subject of keen debate in many European countries, and policy makers in this field are seeking to determine the future of public service broadcasting in the light of economic, technological and regulatory change.

74. It is for this latter reason that the 4th European Ministerial Conference on Mass Media Policy (Prague, December 1994) dealt with this issue in the context of Sub-theme 1 "the future of public service broadcasting", on the basis of work carried out by a Group of Specialists on public service broadcasting (MM-S-PS), working under the authority of the CDMM. Through the Resolution on the future of public service broadcasting adopted at the close of the Ministerial Conference, the participating States have undertaken to ensure the maintenance and development of a broadcasting system based on the notion of public service. For this purpose, the Resolution sets out a number of policy orientations on matters such as funding modalities for public service broadcasters, the guarantee of their independence, arrangements for supervision of the discharge of their missions, etc.

75. Following the Ministerial Conference, the Group of Specialists on media in a pan-European perspective (MM-S-EP) undertook work to specify how the fundamental principle of the independence of public service broadcasting laid down in Resolution No. 1 of the Prague Ministerial Conference should be guaranteed. The work led to the adoption by the Committee of Ministers, on 11 September 1996, of Recommendation No. R (96) 10 on the guarantee of the independence of public service broadcasting. The Recommendation sets out in the form of guidelines the provisions which should be included in domestic law to secure such independence (rules concerning the status and respective competence of the management and supervisory organs of public service broadcasting organisations, status and working conditions of their staff, financing, etc.).

76. Over and above the work conducted at the intergovernmental level, co-operation and assistance activities are organised in member States to promote the establishment of genuine independent public service broadcasting organisations (expert missions on draft laws concerning public radio and television, information seminars for policy makers, training activities for the staff of public broadcasting companies concerning editorial policy and management: see also document DH-MM (2000) 5).

II.12 The media in situations of conflict and tension

77. The CDMM is involved in a number of Projects which concern several fields of activities of the Organisation. As part of its contribution to the implementation of the pluridisciplinary Project on "human rights and genuine democracy", the CDMM organised on 29 November to 1 December 1993 a Seminar on "the media in situations of conflict and tension". This Seminar considered the particular responsibilities of the media in an important and topical context. The Seminar brought together participants from governmental, parliamentary and professional backgrounds, to discuss the following subjects:

- the ethical considerations underpinning the media in situations of conflict and tension;

- the role of public powers vis-à-vis the activities of the media in situations of conflict and tension;

- the relevance of international organisations to the activities of the media in situations of conflict and tension.

78. Following the Seminar, the CDMM established in 1995 a Group of Specialists on the protection of journalists (MM-S-PJ), which was mandated to examine to what extent international instruments dealing with the protection of journalists provide an adequate answer to the issues concerning the protection of journalists and other media professionals who operate in situations of conflict and tension. The work of the Group led to the adoption by the Committee of Ministers on 3 May 1996 of Recommendation No. R (96) 4 on the protection of journalists in situations of conflict and tension. The Recommendation sets out a number of principles which States should follow in order to allow journalists to report freely and safely on such situations (protection of the physical safety of journalists, rights and working conditions of journalists). A Declaration on the protection of journalists in situations of conflict and tension, which was adopted by the Committee of Ministers on the same date, supplements the Recommendation.

II.13 Media and intolerance

79. In view of the worrying resurgence of racism, anti-semitism, xenophobia and intolerance in Europe in the 1980s, the Heads of State and Government of the Council of Europe, at their Summit meeting in Vienna in October 1993, adopted a Declaration and a Plan of Action aimed at fighting these evils. The Plan of Action, which sets out different measures to be undertaken so as to promote a European society based on common values, characterised by democracy, tolerance and solidarity, requested in particular the media professions to report and comment on acts of racism and intolerance factually and responsibly, and to continue to develop professional codes of ethics which reflect these requirements.

80. By way of follow-up to the Plan of Action, the Council of Europe has undertaken since 1995 to organise on 21 March each year a European Media Forum against racism and intolerance aimed at raising awareness among European media professionals about the need to combat these phenomena, as well as to discuss possible strategies of action which might be implemented for this purpose. Furthermore, the Council of Europe contributes, together with the European Commission, to the Prize "A Celebration of Tolerance in Journalism" awarded each year by the International Federation of Journalists (IFJ) to professionals from the press and broadcasting sectors who have contributed to promote mutual understanding and tolerance in their reports.

81. In addition, the CDMM established in 1995 a Group of Specialists on media and intolerance (MM-S-IN), which was mandated to examine (i) measures which should be taken to fight against the dissemination of racist or intolerant views in the media and (ii) possible action which could be undertaken with a view to encouraging the media to promote a spirit of tolerance. The work led to the adoption by the Committee of Ministers, in October 1997, of Recommendation No. R (97) 20 on "hate speech" which suggests a number of provisions which could be included in the domestic law of the member States to combat the expression and dissemination of racist and intolerant opinions in the media, within the limits of and in accordance with the requirements of Article 10 of the European Convention on Human Rights. A second Recommendation (Recommendation No. R (97) 21 on the media and the promotion of a culture of tolerance), also prepared by the MM-S-IN, proposes different measures which could be taken by media organisations and professionals to combat stereotypes and prejudices in their reports and promote a spirit of tolerance in society.

82. Finally, awareness-raising activities for media professionals concerning the contribution which they can have in the establishment of a climate of tolerance in society are organised within the framework of the Council of Europe co-operation and assistance programmes in the media field (see chapter VII below).

III. THE DEVELOPMENT OF THE EUROPEAN AUDIO-VISUAL LANDSCAPE 

83. Announcements made by several European countries and groups of countries in the early 1980s about their intention to introduce direct broadcasting by satellite (DBS) is at the origin of intergovernmental consultations and the establishment of an action plan within the Council of Europe, since February 1983, concerning satellite broadcasting generally (both DBS and via fixed service satellites (FSS)).

84. Subsequently, the work of the CDMM has been enlarged to embrace transfrontier television broadcasting, the development of new audio-visual services and other important issues arising in connection with the rapid changes taking place in the audio-visual sector. Throughout its work, the CDMM and its subordinate committees have held regular exchanges of views on developments in member States in the media field and, in particular, on their political, economic, cultural, technical and legal aspects.

85. Likewise, exchanges of information on the industrial aspects of the media, particularly as regards technical standards (transmission, distribution and reception) have been held.

86. Finally, the CDMM and its subordinate committees have systematically obtained, in the course of their work, the views of other interested organisations by holding hearings with their representatives (organisations representing consumers, advertisers, the press, right holders, social partners, etc.). The work has mainly resulted in the adoption of recommendations by the Committee of Ministers to the governments of member States as well as, for certain specific topics, the preparation of studies published in the series "Mass Media Files" - (see Appendices A and D). The European Convention on Transfrontier Television (see section III.7 below) is, naturally, one of the most significant results of the work conducted in the field of transfrontier television.

III.1 Television advertising

87. The first stage of this activity was successfully concluded on 23 February 1984 when the Committee of Ministers adopted Recommendation No. R (84) 3 to the governments of member States on principles on television advertising. The principles apply to all television advertising, but in particular when advertising is transmitted by satellite. Subsequently, the work on advertising was taken up again in the context of the European Convention on Transfrontier Television and many of the concerns reflected in the Recommendation were transformed into binding legal standards. In preparing this text, the CDMM took due account of Assembly Recommendation 952 (1982) on international means to protect freedom of expression by regulating commercial advertising, the Declaration of 15 July 1983 of the European Broadcasting Union on advertising via DBS and the conclusions of the Seminar on Equality between Women and Men in the Media (see section II.3 above) with regard to advertising. The Committee held hearings to enable representatives of advertising, media and consumers' organisations to express their views.

88. It should be noted that the Standing Committee on Transfrontier Television which is responsible for monitoring the implementation of the European Convention on Transfrontier Television (see section III.7 below), has adopted several opinions on television advertising (see document T-TT (97) Inf 2).

III.2 Programme sponsorship and new forms of commercial promotion on television

89. The keynote of the work in this field is the constant concern, reflected in the European Convention on Transfrontier Television, to preserve the broadcaster's editorial independence and responsibility in programming matters - without, however, impeding the development of new sources of finance for the broadcaster - and to prevent sponsorship from becoming a disguised form of advertising contrary to the principles of identification and separation of advertisements from programmes.

90. The CDMM has published in the "Mass Media Files" series a general information study on programme sponsorship and new forms of commercial promotion on television, such as product placement, barter (of programmes for advertising slots) and teleshopping, which was drawn up within the PO-GT-SP (see Appendix D).

91. Finally, it may be pointed out that the 3rd Ministerial Conference on Mass Media Policy (Nicosia, October 1991) invited the Committee of Ministers of the Council of Europe to continue its examination of these questions. The Standing Committee on Transfrontier Television (T-TT) is particularly attentive to the rapid developments arising in the field of commercial promotion on television (see Opinion No. 4 (1995) on certain provisions on advertising and sponsorship, which was adopted by the Standing Committee in April 1995).

III.3 Use of satellite capacity for television and sound radio

92. On 7 December 1984, the Committee of Ministers adopted Recommendation No.R (84) 22 on the use of satellite capacity for television and sound radio. This text deals with the use of direct broadcasting satellites (DBS) as well as fixed service satellites (FSS) for the transmission of television and sound radio programmes meant for broadcasting, cable distribution or other forms of distribution. It proposes principles on applicable law, programme standards, responsibility, right of reply and "transparency".

III.4 Promotion of the production, distribution and marketing of European audio-visual works

III.4.1 EURIMAGES

93. The establishment in 1988 of a European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audio-visual Works ("EURIMAGES"), through a Partial Agreement of the Council of Europe, is to be seen as an important achievement in the context of measures to promote the production and distribution of European audio-visual works (see Resolution (88) 15 of 26 October 1988). This Fund, to which 25 member States belonged in December 1999, is aimed at encouraging the development of European co-productions and their distribution in Europe by way of financial support. At present, the Fund is focusing on support for cinematographic co-productions and co-productions of creative documentaries and their distribution in non-co-producing countries.

III.4.2 Multilateral co-production of audio-visual works

94. Against the background of the European Convention on cinematographic co-productions adopted by the Committee of Ministers of the Council of Europe on 25 June 1992, the CDMM created, in the same year, a Group of Specialists on multilateral co-production contracts in the audio-visual sector (MM-S-AV). This Group of Specialists, composed of government experts and specialists from the representative organisations of the interested professional bodies (broadcasters, independent producers, distributors) was instructed to identify the obstacles to the negotiation and conclusion of co-production contracts involving works for first screening on television. The Group was also requested to formulate action proposals for overcoming such obstacles. The work of the Group of Specialists led to the preparation of a vade mecum which was published by the Council of Europe during the second half of 1994 under the title: "The key to the negotiation of audio-visual co-production contracts". The aim of this vade mecum is to draw the attention of all those parties engaged in the elaboration and negotiation of multilateral contracts for the co-production of works intended for first screening on television to the various issues which should be taken into consideration at the negotiating stage.

III.5 The protection and exploitation of the audiovisual heritage

95. In order to preserve the European audiovisual heritage in the interest of future generations, the Council for Cultural Co-operation (CDCC) of the Council of Europe embarked on the preparation of a draft European Convention for the protection of the audiovisual heritage during the 1990s. The aim of this draft Convention is to define a number of rules concerning the legal and voluntary deposit of audiovisual, and in particular cinematographic, works. Given the specificity of the audiovisual sector, the CDCC and the CDMM subsequently established in1998 a joint working party responsible for preparing a draft Protocol on the protection of television productions. The draft Convention and draft Protocol are expected to be submitted to the Committee of Ministers for adoption and opening for signature in 2000.

96. Furthermore, the Group of Specialists on the protection of rights holders in the media sector (see also section IV.1 below) prepared in 1998 a Declaration on the exploitation of radio and television productions held in the archives of broadcasters, which was adopted by the Committee of Ministers on 9 September 1999. The Declaration draws the attention of the governments of member States to the problems raised by the fact that some productions held by broadcasters cannot be used by the latter, in particular on new channels and under new formats, given the fact that those who hold rights to these works cannot be identified. In order to overcome this problem, the Declaration suggests a number of possible lines of action, primarily through the adoption of contractual solutions.

III.6 New electronic media in Europe

97. Being attentive to the technological developments in the media sector from the point of view of anticipating the policy consequences for this sector, the CDMM has from 1982 focused on new electronic information services (videotex, teletext), in particular from the perspective of their transfrontier dimension.

98. Monitoring technological developments, which has influenced a significant part of the work programme of the CDMM and its subordinate bodies throughout the 1980s, particularly in the legal field, was a particular focus of the 3rd European Ministerial Conference on Mass Media Policy. On that occasion, the European Ministers responsible for media policy adopted Resolution No. 2 on new channels and means of communication in Europe. This policy text set out a number of orientations addressed both to the member States of the Council of Europe and to the Organisation itself in regard to the introduction and development of new communications technologies in Europe.

99. The development during the 1990s of new communications services using digital technology and disseminated via global communications networks such as the Internet has led the CDMM and several of its subordinate bodies to pay particular attention to this radical change characterised in particular, from the point of view of media law and policy, by a change in the boundaries between public and private communication. A Group of Specialists on new communications technologies (MM-S-NT) has, in particular, been set up by the CDMM to study the impact of these new technologies on human rights and democratic values in the perspective of the 5th European Ministerial Conference on Mass Media Policy (see section V).

100. The work of the MM-S-NT has led to the preparation of a draft Resolution, which was adopted by the Ministerial Conference, under which the participating States would undertake at the political level a number of commitments with a view to encouraging access by the public and operators to new communications services, as well as to guaranteeing the exercise of freedom of expression and information on these services while ensuring respect for the different rights and legitimate interests involved (right to privacy and secrecy of correspondence, right to one's own image, etc.).

101. Following the Ministerial Conference, the MM-S-NT focused on the question of access to new communication services. The work led to the adoption by the Committee of Ministers, in September 1999, of Recommendation No. R (99) 14 on universal community service concerning new communication and information services. In addition, the MM-S-NT organised in Malta, in November 1999, a conference on access by all individuals to Internet services which was aimed at raising awareness among public authorities in member States about the measures which could be taken to promote such access.

102. Furthermore, the work of the Group of Specialists on the protection of rights holders in the media sector (MM-S-PR) established by the CDMM in 1995 has been largely geared towards the question of the challenges raised by digital technology from the point of view of the protection of copyright and neighbouring rights holders (see section IV below).

103. In 1997, the Parliamentary Assembly took several initiatives in the area of new communications technologies. Following a Seminar on electronic democracy organised in Paris in March 1995, the Assembly adopted in April 1997 Resolution 1120 (1997) on the impact of new communication and information technologies on democracy. Furthermore, following a colloquy on Information Highways held in Neuchâtel (Switzerland) on 3-5 April 1997, the Assembly adopted in June 1997 Recommendation 1332 (1997) on the scientific and technical aspects of the new information and communications technologies. Finally, more recently, the Parliamentary Assembly adopted Resolution 1191 (1999) on the Information Society and a digital world in 1999.

III.7 The European Convention on Transfrontier Television (1989) and its amending Protocol (1998)

104. Following the Declaration of the Vienna Ministerial Conference, in which it was decided to embark on the elaboration of binding legal instruments, the Committee of Ministers instructed the CDMM to submit, without delay, the text of a draft European Convention on transfrontier broadcasting.

105. The CDMM devoted much of its time in 1987 and 1988 to the preparation of such a draft Convention. In the course of this work, it held consultations with the principal bodies and organisations at European level representing consumer interests, advertising circles, the print media, public and private broadcasters, unions and audio-visual industry, film producers and distributors, as well as specialised institutes in the field.

106. In connection with the drawing up of the draft Convention, an informal meeting of Ministers responsible for Mass Communications Policy was held in Vienna, at the invitation of the Austrian Government, in April 1988, in order to provide policy guidance for certain outstanding questions concerning the text. Likewise, the Second Ministerial Conference, held in Stockholm on 23 and 24 November 1988, had before it a communication on the draft Convention. At the close of the Conference, Ministers agreed to transmit to the Committee of Ministers a package of proposals on the final outstanding issues with a view to the rapid finalisation, adoption and opening for signature of the text.

107. The European Convention on Transfrontier Television was adopted by the Committee of Ministers on 15 March 1989.

108. On 5 May 1989, the Convention was opened for signature by member States, other States party to the European Cultural Convention and the European Economic Community. The Convention entered into force on 1 May 1993. On 31 January 2000, the Convention had been ratified by 22 States: Albania, Bulgaria, Cyprus, Estonia, Finland, France, Germany, Hungary, Italy, Latvia, Liechtenstein, Malta, Norway, Poland, San Marino, Slovak Republic, Slovenia, Spain, Switzerland, Turkey, United Kingdom and the Holy See. It had been signed by Albania, Croatia, Greece, Lithuania, Luxembourg, Moldova, the Netherlands, Portugal, Romania, Sweden and Ukraine.

Main lines of the Convention

109. The aim of the Convention is to provide an international framework for the unhindered transfrontier circulation of television programme services. It does not cover every aspect of broadcasting, but lays down a set of minimum rules in areas described by the first European Ministerial Conference as the "essential aspects" of transfrontier broadcasting, such as the protection of certain individual rights, the responsibility of broadcasters in regard to programming matters, the European content of programming, advertising and sponsorship.

110. Thus, on the basis of these minimum rules, the Convention sets out to secure the harmonious development of transfrontier television services, guaranteeing freedom of reception and laying down the principle of unrestricted retransmission of services which comply with the common minimum rules.

111. The Convention is concerned with transfrontier television: all television programme services, irrespective of the technical means of transmission employed (DBS, FSS, cable, terrestrial transmitter) which can be received in one or more other Party will be subject to the basic rules embodied in it. All forms of overspill - whether unavoidable or intentional - will be taken into consideration in order to determine the transfrontier character of a programme service.

112. The Convention determines the responsibility of the Parties with regard to programme services transmitted by entities or technical means within their jurisdiction. A series of hypotheses is established for the purpose of determining the responsible transmitting Party, depending on the technical means of transmission employed (terrestrial, satellite). It will be for the relevant transmitting Party to ensure conformity of the programme service with the Convention.

113. However, it is clear that the Convention does not establish a system of State interference in the content of programming. Nor does it introduce a system of a priori control which would run counter to the philosophy of member States. The Convention leaves the Parties free to decide exactly how they are to comply with their obligations, having regard to their own constitution, laws or regulations.

114. Insofar as the Convention lays down minimum rules, the Parties are free to apply stricter or more detailed regulations to transfrontier services provided by entities or by technical means within their jurisdiction; a contrario they are also free to apply less stringent rules to services which cannot be described as transfrontier services.

115. As stated earlier, freedom of reception is guaranteed by the Convention. Furthermore, Parties may not restrict the retransmission in their territories of programmes services which comply with the provisions of the Convention. It follows that a Party may not invoke specific provisions in its national legislation or regulations - prohibiting advertising for certain products, for instance, when there is no such prohibition in the Convention - for the purpose of restricting retransmission.

116. On the basis of these principles, the Convention lays down a number of rules covering the most sensitive aspects of transfrontier television:

117. Protection of viewers. The Convention takes into account the individual viewer and the protection of certain of his/her individual rights. Thus, certain issues concerning programming (in matters such as pornography, violence and racial hatred, and the protection of young persons); the principle of transparency (an essential aspect of the exercise of the right to information) in regard to the responsibilities and legal status of the broadcaster; a transfrontier right of reply and the public's right of access to major events, are covered by it.

118. Particular emphasis is also given to the independence of news and current affairs programmes - particularly in regard to advertising and sponsorship - over and above the general principle of editorial independence of the broadcaster in respect of programming.

119. Cultural objectives. Under the Convention, it should be ensured, wherever practicable and by appropriate means, that broadcasters of transfrontier programme services reserve a majority proportion of their transmission time for European works (films, television fiction, arts programmes, documentaries and educational programmes). This proportion is to be achieved progressively.

120. The question of safeguarding the exploitation of cinematographic works in cinema theatres is also referred to, as well as the problem of support for the audio-visual production of Parties with a low audio-visual output or limited geographic or linguistic coverage.

121. Advertising. Advertisements transmitted in transfrontier programme services are required to comply with the general standards concerning programming, respect consumer interests and the editorial independence of the broadcaster, and be fair and honest. They also have to comply with a number of other rules concerning form and presentation (in particular, identification and separation from the other parts of the programme service), the modalities of their insertion and the maximum duration of advertising (maximum of 15 % of the daily transmission time with the possibility of a maximum of 20 % where services carry teleshopping). The advertising of particular products (tobacco, alcoholic beverages, medicines and medical treatment) is also governed by the Convention.

122. The Convention also addresses the problem of market distortions which could be caused by advertisements that are specifically and frequently aimed at the audience of a single receiving Party and that circumvent the television advertising rules of that Party.

123. The Convention does not cover advertisements displayed in the context of events (e.g. sports events) which are then transmitted or retransmitted by broadcasters. Likewise, the rules on sponsorship only apply to sponsored programmes and not to sponsored events which are then transmitted or retransmitted by broadcasters.

124. Sponsorship. Rules on sponsorship deal with the identification of the sponsor, the absence of influence by the sponsor on the content and scheduling of programmes, the prohibition of promotional references in the programme to specific products and services of the sponsor, the prohibition of sponsorship of news and current affairs programmes or by persons whose products or services may not be advertised under the Convention.

125. Implementation of the Convention. A special three-tier mechanism is provided: for the major part, application of the Convention relies on mutual assistance and co-operation between the Parties; secondly, a Convention body, "the Standing Committee on Transfrontier Television" composed of representatives of the Parties, is responsible for following the instrument's application and may intervene in a process for the friendly settlement of any difficulties. Thirdly, in rare cases where disputes cannot be settled by friendly means, arbitration is contemplated, resulting in legally binding decisions.

126. The Standing Committee on Transfrontier Television has met on 23 occasions since the entry into force of the Convention on 1 May 1993. The Committee has been asked by Contracting Parties to formulate several opinions and recommendations concerning the interpretation and application of certain of the provisions contained in the Convention (see document T-TT (97) Inf 2). The Committee has also exchanged views on the scope and meaning of other provisions, without however taking a formal stand on their interpretation.

* * *

127. Following the revision of the EU "Television without frontiers" Directive, the Standing Committee undertook as from September 1997 work on the amendment of the Convention so as to maintain a coherence between the two instruments. The work, which was aimed at taking account of a number of technical and economic developments which have taken place in the sector of transfrontier television since the adoption of the Convention in 1989, related, inter alia, to issues concerning the jurisdiction of States with regard to transfrontier television services, advertising, sponsorship and teleshopping, exclusive rights for the broadcasting of major events.

128. The amending Protocol prepared by the Standing Committee was adopted by the Committee of Ministers on 9 September 1998 (see document DH-MM (98) 8) and was opened for acceptance as from 1 October 1998. The Protocol will enter into force once all States Party to the Convention have accepted it or, alternatively, within two years as from the date of its opening for acceptance (i.e. on 1 October 2000).

129. On 15 March 2000, the amending Protocol has been accepted by five States (Bulgaria, Cyprus, Estonia, Liechtenstein and Slovenia). Furthermore, Switzerland made a declaration on the provisional application of the Protocol in September 1999.

IV. THE PROTECTION OF COPYRIGHT AND NEIGHBOURING RIGHTS IN THE MEDIA SECTOR 

130. In their Resolution No. 1 on media economics and political and cultural pluralism, the Ministers of States participating in the 3rd European Ministerial Conference on Mass Media Policy (Nicosia, 9-10 October 1991), stressed that copyright and neighbouring rights are at the basis of the creation, production and circulation of audio-visual works in Europe and that it is necessary to provide for a minimum harmonisation of national rules in the area of copyright and neighbouring rights so as to guarantee adequate protection of rights holders, while facilitating the public's access to audio-visual creations through the new opportunities offered by technical developments.

131. This is the approach followed by the Council of Europe with regard to the legal protection of authors, composers, audio-visual producers, performers, producers of phonograms and broadcasting organisations.

IV.1 Group of Specialists on the protection of rights holders in the media sector (MM-S-PR)

132. Under the authority of the CDMM, the Group of Specialists on the protection of rights holders in the media sector (MM-S-PR) constitutes a regional forum for exchanges of views between member States on copyright and neighbouring rights questions discussed in other international fora. The Group is composed of representatives of 15 member States. The European Commission may also take part in the meetings of the Group as well as, in an observer capacity, representatives of UNESCO, the World Intellectual Property Organization (WIPO) and numerous professional organisations.

133. The MM-S-PR collaborated closely with the Royal Norwegian Ministry of Culture in the organisation of a Seminar on copyright and neighbouring rights in the digital era: new challenges for rights holders, rights management and users, which took place in Oslo on 28-29 May 1996. On the basis of the Seminar's conclusions, the MM-S-PR has subsequently examined in greater depth the following issues:

- exceptions and limitations to copyright and neighbouring rights in the digital era. The Seminar noted that the scope of exceptions concerning the use of audio-visual and literary works could possibly prejudice the interests of rights holders in the new digital context and in the long term the audio-visual industry and the interests of the public;

- current problems concerning the identification of applicable law and issues of liability with regard to the use of protected material in the digital context. The Seminar highlighted the importance of defining criteria which would make it possible to identify applicable law and provide solutions to possible conflict of law problems;

- the technical means for identifying works and rights holders in the context of management and clearance of rights. This last issue was the subject of an Information Seminar on the identification of network-distributed digital works, organised by the French Ministry of Culture in co-operation with the Council of Europe (Paris, 23-24 April 1997). On the basis of the Seminar's conclusions, the MM-S-PR was given the task, inter alia, of finalising a handbook listing the various initiatives and existing techniques for the identification of rights holders and works in the context of management and clearance of rights in the digital era.

134. Apart from these activities, the MM-S-PR is required to report to the CDMM on the state of signatures and ratifications of the European Convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite (ETS3 No. 153), opened for signature on 11 May 1994, with a view to its rapid entry into force (see below).

135. Finally, the MM-S-PR is continuing to work on the issues raised by sound and audio-visual piracy in the member States of the Council of Europe, particularly in the digital context (see below).

IV.2 European Agreements concerning the protection of rights holders in the broadcasting sector

136. The treaty law established by the Council of Europe aims at promoting "a European audio-visual area" which offers suitable protection for intellectual property rights. This work takes account of the activities conducted by the European Union, the International Labour Organisation (ILO), the International Telecommunication Union (ITU), UNESCO and the World Intellectual Property Organization (WIPO).

- The European Agreement concerning programme exchanges by means of television films (1958, ETS No. 27)

137. This instrument was opened for signature in Paris on 15 December 1958 and entered into force in 1961. The Agreement, to which 13 member States and 2 non-member States (Israel and Tunisia) are Parties, has facilitated programme exchanges, inter alia, in the framework of the European Broadcasting Union (EBU).

- The European Agreement on the protection of television broadcasts (1960, ETS No. 34)

138. This instrument was opened for signature in Strasbourg on 22 June 1960. It is supplemented by a Protocol (1965, ETS No. 54) and three Additional Protocols (1974, 1983 and 1989, ETS Nos. 81, 113 and 131), and is currently in force in 7 member States. It protects the broadcasting organisation's right over its television programmes when they are re-broadcast, distributed by cable, communicated to the public or recorded in another country. Broadcasting organisations not only have the right to authorise or prohibit the re-broadcasting, cable countries distribution, etc. of their programmes but are given, more generally, the same protection in other countries as organisations established there.

139. The Agreement provides for better protection for the neighbouring rights of performers and manufacturers of phonographic recordings. A Protocol to the Agreement, adopted in 1965 and modified by the aforementioned Additional Protocols, urges Contracting Parties to accede to the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, signed in Rome on 26 October 1961 under the joint auspices of ILO, UNESCO and WIPO.

- The European Agreement for the prevention of broadcasts transmitted from stations outside national territories (1965, ETS No. 53)

140. This Agreement was opened for signature in Strasbourg on 22 January 1965. It entered into force in 1967 and currently binds 18 member States. It reinforces, in the European region, compliance with the International Telecommunication Union (ITU) Radio Regulations prohibiting the use of broadcasting stations on board ships, aircraft or other objects outside national territories (pirate stations) and which require licensing of broadcasting. The Agreement has widened the scope of the ITU regulations in respect of the Contracting Parties in that it applies not only to floating or flying objects but also to stations fixed to the sea-bed (platforms, artificial islands).

- European Convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite (ETS No. 153)

141. The work of the Council of Europe in the field of broadcasting by satellite ties in with the development of a European legal framework which properly safeguards the rights and interests of authors and other beneficiaries, while taking into account the need not to hamper the development of the new media technology and recognising the interest of the general public in having access to programmes transmitted by the new media.

142. At the outset, the CDMM had envisaged addressing questions on copyright law and neighbouring rights arising from the use of protected works and other contributions in the framework of a Protocol to the European Convention on Transfrontier Television (1989, ETS No. 132). However, in view of the fact that the subject and purpose of the Convention and the Protocol would not be the same, it was decided in June 1991 to draw up a separate Convention. The Committee of Ministers adopted, on 17 February 1994, the European Convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite and authorised the publication of the explanatory report thereto. Opened for signature on 11 May 1994, during the 94th Session of the Committee of Ministers, the Convention will enter into force after its ratification by seven States, including at least five Council of Europe member States. On 31 December 1999, the Convention had been ratified by two countries (Cyprus and Norway) and had been signed by 7 States as well as the European Community.

143. The Convention takes as its starting point the fact that a broadcaster transmitting radio or television programmes by satellite may experience legal difficulties with regard to those parties having rights in the works and other contributions broadcast in the programme services. The broadcaster needs to know which national law will apply to his relations with rights holders. This is particularly true in cases of "delocalisation", where the broadcaster has his headquarters and main activities in one country but transmits programme-carrying signals towards a satellite from the territory of another country.

144. The Convention deals with this issue. In particular, it indicates the criteria for identifying the applicable law for the transmission of works and other contributions whether by direct broadcasting satellite (DBS) or by fixed satellite services (FSS) under conditions which are comparable to direct broadcasting by satellite.

145. The Convention also deals with ways and means of acquiring rights in works used for broadcasting by satellite. Furthermore, and building on existing international conventions, the Council of Europe's Convention establishes a minimum harmonisation of the level of protection of the various categories of rights holders (authors, composers, audio-visual producers, performers, phonogram producers, broadcasting organisations). The aim is to avoid differences in legal systems which could prejudice artistic creativity and expression.

IV.3 Protection of neighbouring rights

146. In September 1990, the CDMM set up a Working Party to examine in depth the protection of the rights of performers, producers of phonograms and broadcasting organisations with a view to facilitating accession to the 1961 Rome Convention by European States which were not yet Parties.

147. In the course of the seven meetings which it held between February 1991 and March 1993, the Working Party drew up a series of key issues which should be given priority consideration so as to improve at the European level the protection of the various categories of neighbouring rights holders. This being said, it regarded the situation of performers as a priority matter. The Working Party followed closely the work conducted in other fora, in particular at the level of the European Community. The final reflections of the Working Party are embodied in a discussion document on the "Protection of neighbouring rights", published in 1996. Its work also led to the adoption by the Committee of Ministers of a specific Declaration on neighbouring rights, at the time of the adoption of the aforementioned Convention relating to copyright and neighbouring rights (17 February 1994). In this text, the Committee of Ministers recognised the need for a general improvement in Europe of the protection of performers, phonogram producers and broadcasting organisations. Therefore, the Declaration is seen as a political commitment to pursue work in the Council of Europe in the area of neighbouring rights protection.

148. In line with the European Agreement on the protection of television broadcasts (see above), the MM-S-PR embarked in 1999 on the preparation of a draft Recommendation on the protection of neighbouring rights of broadcasting organisations at the pan-European level.

IV.4 Legal protection of television and conditional access services

149. New problems have arisen as a result of the increase in European countries of the number of television services to which access is protected by means of encrypting and encoding techniques. These problems take the form of the illicit reception and distribution of television services of this nature (pirate relays, piracy of decoding equipment, etc.). Noting the extensive growth in these illegal practices, the importance of the risks which they entail (threats to the viability of the services in question, prejudice to the interests of those holding rights in respect of the programmes which are unlawfully received, etc.) and the deficiencies and uncertainties in Europe in regard to the legal protection of television services, the CDMM set up, in February 1990, a Working Party instructed to analyse the legal issues relating to the unlawful reception and distribution of television programme services and to formulate action proposals in this regard.

150. The work of this Working Party led to the adoption by the Committee of Ministers of the Council of Europe on 27 September 1991 of Recommendation No. R (91) 14 on the legal protection of encrypted television services.

151. The above Recommendation is intended to combat unlawful access to encrypted television services (notably pay-TV channels) by persons outside the scope of the public for whom these services have been reserved by the broadcasting body in question. The Recommendation does so by inviting the member States to adopt a certain number of relevant measures. The Recommendation is premised on the fact that, in addition to the use of the best available encryption techniques by the broadcasters themselves, legislative action is also necessary to deal with the "piracy" of encrypted services. The Recommendation highlights the activities of manufacture, importation, distribution, advertising, commercial promotion and possession for commercial purposes of decoding equipment as matters which should be considered unlawful. The Recommendation also provides for a series of sanctions and remedies in the fields of penal, administrative and civil law which member States should envisage in their legislation for curtailing these practices.

152. Following the adoption in November 1998 of Directive 98/84/EC of the European Union on the legal protection of services consisting of, or based on, conditional access, the CDMM established in 1999 a Group of Specialists (MM-S-CA) responsible for preparing a similar instrument at the pan-European level. The work of the MM-S-CA led to the preparation of a draft European Convention on the legal protection of services consisting of, or based on, conditional access which is expected to be adopted by the Committee of Ministers in 2000. The Convention will enter into force after its ratification by three States.

153. The Convention lists a number of activities aimed at enabling illicit access to broadcasting and on-line services offered against remuneration which States should consider as unlawful and against which they should provide for penal or administrative sanctions.

IV.5 Private copying

154. The spectacular increase in the means of sound and video recordings for private use (home taping) poses new problems for the protection of the rights of authors, performers, phonogram and videogram producers, broadcasters, etc.

155. Since the beginning of the 1980s, the Council of Europe has examined this question in close co-operation with other bodies such as the Commission of the European Communities, UNESCO and WIPO. The results of its work are contained in the study "The private copying of phonograms and videograms", which was published in 1984 in the "Mass media files" series, No. 7 (see Appendix D). Subsequently, the Committee of Ministers adopted Recommendation No. R (88) 1 on sound and audio-visual private copying.

IV.6 Sound and audio-visual piracy

156. Unlawful copying of video cassettes, compact discs and decoding equipment for commercial purposes; distribution and screening of films without the authorisation of the rights holders; illicit access to television programmes, etc.: the resurgence of sound and audio-visual piracy in Europe causes serious harm to artistic creativity, to the media industry and to national and European culture. In the long term, therefore, piracy has detrimental effects on consumer interests.

157. The work undertaken in this field resulted in the elaboration of Recommendation No. R (95) 1 on measures against sound and audio-visual piracy, which was adopted by the Committee of Ministers on 11 January 1995 together with an explanatory memorandum. This text proposes a series of concrete measures of a legal, technical and educational nature, which take account of the transnational dimension of the phenomenon. The Recommendation aims primarily to help national lawyers involved in the fight against piracy. In certain countries, judges in particular sometimes lack the necessary training and information to deal with piracy offences in a rigorous manner.

158. The Council of Europe also organised a training Workshop on practical measures against sound and audio-visual piracy in Europe, which was held in Strasbourg from 13 to 15 September 1995. The event was intended to provide practical training and to facilitate information exchanges on several concrete issues related to sound and audio-visual piracy.

159. Finally, a handbook on the fight against sound and audio-visual piracy was published in several languages at the beginning of 1996. Intended for a wide audience, this booklet describes in a straightforward manner the causes of this phenomenon and the solutions available for its eradication.

160. The Group of Specialists on the protection of rights holders in the media sector (MM-S-PR) has taken over responsibility for work in the field of sound and audio-visual piracy through the preparation, as from 1999, of a new draft Recommendation on measures to increase the protection of copyright and neighbouring rights and combat piracy, especially in the digital environment.

IV.7 Copyright and reprography

161. The photocopying of works protected by copyright has become a common everyday occurrence. However, this is often performed on a large scale, incompatible with the normal usage of works and to the detriment of the legitimate interests of authors and editors.

162. In this context, the Committee of Ministers adopted, on 25 April 1990, Recommendation No. R (90) 11 on principles relating to copyright law questions in the field of reprography.

163. The text invites member States to place limits in their legislation on those cases where protected material may be photocopied without remunerating the author. As regards certain forms of photocopying (for educational purposes, copying in libraries, in businesses, in public administrations and institutions), the Recommendation invites States to consider adopting special solutions.

IV.8 Promotion of education and awareness in the area of copyright and neighbouring rights concerning creativity

164. The economic and moral rights which authors and others have in literary, artistic and musical works, phonograms, audio-visual works, broadcasts and software are not always respected. The economic and cultural consequences of non-respect are significant.

165. Aware of this problem, the Committee of Ministers adopted, on 5 April 1994, Recommendation No. R (94) 3 on the promotion of education and awareness in the area of copyright and neighbouring rights concerning creativity.

166. The aim of the Recommendation is to propose measures for educating and informing the public in general, and lawyers in particular (judges, prosecutors, barristers, law professors, law students, etc.), on the need to respect the rights of authors and all those who contribute to creativity and the dissemination of culture.

IV.9 Copyright and cultural policy

167. In the framework of the work of the Council for Cultural Co-operation (CDCC), and as a follow-up to the Colloquy "Copyright and Cultural Policy" (Brussels, 26-27 June 1984), organised in collaboration with the CDMM, the Committee of Ministers adopted in May 1986 Recommendation No. R (86) 9 on copyright and cultural policy.

168. The purpose of this Recommendation is not only to protect traditional cultural activities and creators in the light of new problems posed by the rapid development of audio-visual techniques, but also to ensure that such development improves and increases the possibilities of creation and distribution and that rights owners receive a fair remuneration.

V. EUROPEAN MINISTERIAL CONFERENCES ON MASS MEDIA POLICY 

V.1 First European Ministerial Conference on Mass Media Policy (Vienna, 9-10 December 1986)

169. The culminating point of the first stage of the CDMM's work on transfrontier broadcasting and the transformations operating in the audio-visual sector (see section III above) was the First European Ministerial Conference on Mass Media Policy, which was held in Vienna on 9 and 10 December 1986, at the invitation of the Austrian Government.

170. The Conference was attended by the Ministers responsible for Mass Media Policy in the 21 States making up the Council of Europe at the time, together with those of Finland and the Holy See. The Conference was also attended by a Delegation from the Council of Europe's Parliamentary Assembly, the Chairmen of the Steering Committee on the Mass Media (CDMM) and of the Council for Cultural Co-operation (CDCC), a Delegation from the Commission of the European Communities, as well as by Observers from the Nordic Council of Ministers and the European Broadcasting Union (EBU).

171. The aim of the Conference was to determine concerted action between the participating States with a view to promoting, in the European context, a coherent mass media policy adapted to the rapid pace of development of the new communications technologies and their transfrontier dimension.

172. The theme and sub-themes of the Conference were as follows:

Theme: The future of television in Europe

Sub-theme 1: The promotion of European audio-visual works: production, scheduling, distribution and transmission across frontiers

Sub-theme 2: Public and private broadcasting in Europe.

173. The Conference was presented with a general introduction by the Delegation of Austria, as well as with reports on sub-themes 1 and 2 by the Delegations of France and Sweden respectively. It was also presented with a number of contributions by delegations and observers.

174. On the eve of the Conference, a Panel Discussion was held on the Conference's themes at the invitation of the European Broadcasting Union (EBU) and the Austrian Radio and Television Corporation (ORF).

175. The Conference proceedings revealed a clear consensus regarding the need to draw up binding legal instruments on certain crucial aspects of transfrontier broadcasting. The Council of Europe was referred to as the most suitable framework for working out a concerted policy and drawing up such instruments by virtue of the geographical area covered by its membership, the experience which it had already gained in this field and its flexible methods, which would enable the necessary common standards to be adopted without interfering with or upsetting the values and traditions of individual States.

176. In the Declaration adopted by this First Conference, the Ministers, whilst acknowledging the valuable work already conducted by the Council of Europe in this field - particularly the Recommendations already adopted - decided "to assign the highest priority, bearing in mind the aforementioned Recommendations, to the rapid preparation, within the Council of Europe framework, of binding legal instruments on certain crucial aspects of transfrontier broadcasting" (see section III.7 above).

177. In particular as regards sub-theme 2 (Public and private broadcasting), there was general support for the views expressed in the Swedish report regarding the impact of the development of new communication technologies on European States' media systems. As a result of new techniques, satellite and cable broadcasting was spreading throughout Europe, the result being an increase in national activities and renewed interest in unexploited terrestrial networks. This development was bringing about, on the one hand, pressure for the relaxation of national regulations and, on the other, increased awareness of the need for international agreements in the field of transfrontier broadcasting.

178. In this context, there was a consensus concerning the need to maintain the principles of public service broadcasting, it being understood that the public service function may be fulfilled by publicly or privately organised entities. The text of Resolution No. 2 adopted on this subject is reproduced in document DH-MM (98) 4.

V.2 Second European Ministerial Conference on Mass Media Policy (Stockholm, 23-24 November 1988)

179. The Second European Ministerial Conference on Mass Media Policy was held in Stockholm on 23 and 24 November 1988 at the invitation of the Swedish Government. It was attended by Ministers responsible for Mass Media Policy in the 22 States making up the Council of Europe at the time, as well as those of Finland and the Holy See. The Conference was also attended by a Delegation from the Council of Europe's Parliamentary Assembly, the Chairmen of the Steering Committee on the Mass Media (CDMM) and of the Council for Cultural Co-operation (CDCC), a Delegation from the Commission of European Communities, the President of the Steering Committee of European Cinema and Television Year, as well as by Observers from the Nordic Council of Ministers and the European Broadcasting Union (EBU).

180. The Conference's theme and sub-themes were as follows:

Theme: European mass media policy in an international context

Sub-theme 1: European implications of the development of national and multinational media systems

Sub-theme 2: International circulation of European audio-visual works.

181. The Conference was presented with reports on sub-themes 1 and 2 by the Delegations of Portugal and the United Kingdom respectively. It was also presented with a number of contributions on the sub-themes by Delegations and Observers. In addition to these documents, the Conference received a memorandum by the Secretary General on the follow-up given to the decisions of the First Conference (Vienna, December 1986); a communication from the Presidency of the European Cinema and Television Year on the main achievements of the Year; the report of the informal meeting of European Ministers responsible for Cultural Affairs (Brussels, 13-14 September 1988), and a communication on the draft European Convention on Transfrontier Television (see section III.7 above).

182. At the close of the discussion, the Conference adopted a Resolution and a Declaration concerning the theme and the sub-themes (see document DH-MM (98) 4) with emphasis on three points:

- promotion of the production and distribution of European audio-visual works, in Europe and the rest of the world;

- monitoring of media concentration phenomena and analysis of their implications;

- more thorough evaluation of television developments in Europe and the flow of audio-visual works.

183. In their final Declaration, the Ministers, after noting the importance of the European Convention on Transfrontier Television for achieving a common European mass media policy, recommended that the Committee of Ministers of the Council of Europe "intensify the study and analysis of the rapid developments in the media field with a view to preparing any necessary further cultural, political or legal measures, to be taken in common" and urged the Committee of Ministers "to develop new strategies calling for concrete political measures", notably as regards the international circulation of quality European audio-visual works, financial and fiscal questions relating to the European audio-visual sector, new forms of advertising and commercial promotion, cultural implications of transfrontier television, media concentrations.

V.3 Third European Ministerial Conference on Mass Media Policy (Nicosia, 9-10 October 1991

184. Further to the invitation of the Government of Cyprus and to Resolution No. 2 adopted at the Second European Ministerial Conference, it was decided to hold the Third Conference in Cyprus, on 9-10 October 1991.

185. The themes of the Conference were fixed as follows :

Theme: Which way forward for Europe's media in the 1990s?

Sub-theme 1: Media economics and political and cultural pluralism

Sub-theme 2: New channels and means of mass communication in Europe.

186. The key report on sub-theme 1 was presented by the Chairman of the CDMM. Sub-theme 2 was analysed and discussed on the basis of a report prepared by the Secretary of State for Post and Telecommunications of Italy. A number of additional written contributions were presented to the Conference, including a synthesis report on media concentrations in Europe presented by the CDMM's enlarged Working Party on media concentrations, and a number of technical reports prepared by the European Telecommunications Satellite Organisation (Eutelsat), the European Space Agency (ESA), the International Telecommunications Union (ITU) and the European Broadcasting Union (EBU).

187. At the close of the debates, the Conference adopted three Resolutions and a Declaration.

188. Among the conclusions of the Conference which are outlined in the texts adopted, particular reference may be made to the following:

- the need for a co-ordination function to be assumed by the Council of Europe with regard to legislative reform and training of media professionals in Central and East European countries;

- the need for policies to be worked out within the Council of Europe which are sensitive to the needs and requirements of countries with a low audio-visual production output and limited geographic or linguistic coverage;

- the need for the Council of Europe to work out concrete measures to enable the "small" producing countries and units to produce high-quality productions and to find outlets on European and world markets. These policies are part and parcel of the need to encourage all European countries to produce high quality European audio-visual works. The Council of Europe was also invited to examine concrete ways of ensuring the production, distribution and marketing of such works;

- the need for the Council of Europe to follow closely the evolution of media concentrations at the transnational level with a view to elaborating, if necessary, legal instruments designed to implement and co-ordinate the measures taken by the member States. In this context, the Conference invited the Committee of Ministers to consider the appropriateness of establishing a consultation mechanism providing for periodic reporting by the participating States on the evolution of media concentrations and on national measures taken in this respect, as well as for ad hoc consultations on particular situations in one or more participating States;

- the need for a coherent approach to the development of new communication technologies so as to avoid disparities within and between States and between the various socio-cultural milieux within the same country. Particular attention was accorded to the need to ensure that technological advances should develop within the framework of industrial and commercial policies which take account of the actual needs and interests of the public.

V.4 Fourth European Ministerial Conference on Mass Media Policy (Prague, 7-8 December 1994)

189. The 4th European Ministerial Conference was hosted by the authorities of the Czech Republic in Prague on 7-8 December 1994. The themes of the Conference were as follows:

- Theme: The media in a democratic society

- Sub-theme 1: The future of public service broadcasting

- Sub-theme 2: Journalistic freedoms and human rights

190. The report on sub-theme 1 was presented by the Delegation of Belgium. The Delegation of Austria presented the report on sub-theme 2. A number of additional written contributions, as well as a report by the Secretary General on work carried out since the 3rd Ministerial Conference and an Activity Report of the Committee of Experts on media concentrations and pluralism (MM-CM) were also submitted to the Conference.

191. The Conference led to the adoption of:

- Declaration on media in a democratic society, accompanied by an Action Plan setting out the areas towards which the Council of Europe should gear its activities following the Conference;

- Resolution on the future of public service broadcasting, by virtue of which the participating States have taken a number of commitments at the political level to ensure the maintenance and development of public service broadcasting organisations;

- Resolution on journalistic freedoms and human rights containing certain basic principles which States should follow so as to allow journalists to exercise their professional freedom, while setting out several ethical principles which journalists should respect;

- Statement on violations of journalistic freedoms condemning the attacks on the rights and freedoms of journalists and their security and calling on the Governments and the Committee of Ministers of the Council of Europe to take measures to combat such attacks.

V.5 Fifth European Ministerial Conference on Mass Media Policy (Thessaloniki, 11-12 December 1997)

192. At the invitation of the Government of Greece, the 5th European Ministerial Conference on Mass Media Policy was held in Thessaloniki on 11-12 December 1997. The themes were the following:

- Theme: The Information Society: a challenge for Europe

- Sub-theme 1: The impact of new communications technologies on human rights and democratic values

- Sub-theme 2: Rethinking the regulatory framework for the media

193. The report on sub-theme 1 was presented by the Italian Delegation, while sub-theme 2 was introduced by reports by the French and United Kingdom Delegations.

194. The Conference led to the adoption of:

- a political Declaration accompanied by an Action Plan for the promotion of freedom of expression and information at the pan-European level within the framework of the Information Society;

- a Resolution on the impact of new communications technologies on human rights and democratic values, which sets out a number of common principles which should be implemented by member States;

- a Resolution concerning the adaptation of the regulatory framework for the media in the light of new technological developments.

195. Furthermore, a Statement on freedom of expression and of the media in the Republic of Belarus was adopted at the initiative of the Polish delegation (the delegation of the Russian Federation could not endorse this statement).

VI. THE EUROPEAN AUDIOVISUAL OBSERVATORY 

196. The European Audiovisual Observatory was established in December 1992 pursuant to Resolution (92) 70 of the Committee of Ministers, following the preparatory work conducted within the framework of Audiovisual EUREKA. The Observatory has been established in the form of an Enlarged Partial Agreement of the Council of Europe. Following the expiry of a 3-year pilot period, the Observatory was established on a permanent basis by Resolution (97) 4 of the Committee of Ministers, adopted on 20 March 1997. The Observatory currently brings together all of the Audiovisual EUREKA States and the European Commission. The Observatory functions as an information and service facility for professionals in the audio-visual sector, in particular by making available to interested parties legal, economic and programming data. In so doing, the Observatory contributes to improving the transfer of information within the audio-visual industry and promotes greater transparency in the audio-visual market.

197. The concrete services of the European Audiovisual Observatory include the following: a general information service accessible via the Internet, an Information Service Desk providing rapid response to requests concerning legal information (those seeking information may also be directed to the appropriate European information sources for further information), as well as reference publications on statistics and legal information on the European television, film and video industries. Its work is also geared to the harmonisation and greater comparability of European audio-visual information, covering data on Greater Europe.4

VII. CO-OPERATION AND ASSISTANCE PROGRAMMES IN THE MEDIA FIELD 

198. The move towards democratic reform in the Central and East European countries has been reflected in the growing composition of the Steering Committee on the Mass Media and its subordinate bodies. The following countries now participate as full members of the CDMM: Albania, Bulgaria, Croatia, Czech Republic, Estonia, Georgia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Russian Federation, Slovak Republic, Slovenia, "The Former Yugoslav Republic of Macedonia" and Ukraine. Moreover, Armenia and Azerbaidjan have been granted observer status on the Steering Committee. In addition, Bulgaria, Estonia, Hungary, Latvia, Poland, the Slovak Republic and Slovenia have acceded to the European Convention on Transfrontier Television.

199. The Council of Europe Programmes of co-operation and assistance in the media field make specific provision for the requirements of these countries in the media field, in particular by enabling the legislators, policy makers, regulators and professionals in the countries covered by the Programmes to benefit from the experience of other European countries in the establishment and functioning of independent and pluralistic media systems consistent with the requirements of states based on the rule of law and respect for human rights.

200. Co-operation and assistance in the media field takes a number of different forms: the provision of assistance and advice in developing new media legislation attuned to the requirements of pluralistic democracy, the training of media professionals, including government spokespersons, the translation of basic media texts into Central and East European languages, the provision of funding to enable policy makers and regulators to conduct short study visits to West European countries, etc.

201. As regards the training needs of the media professionals in the Central and East European countries, it should be noted that the 3rd European Ministerial Conference on Mass Media Policy (Cyprus, October 1991) provided the impulsion for the establishment of a special medium-term training Programme for media professionals in these countries funded partly on the basis of voluntary contributions provided by member States. The funding made available to this particular Programme has enabled the Council of Europe to reply, in part, to the training needs of professionals in the broadcasting and written press sectors through the organisation, in collaboration with key organisations such as the European Broadcasting Union (EBU), the World Association of Newspapers (WAN), the International Federation of Journalists (IFJ), etc., of seminars, workshops, flying consultancies, etc. The training dispensed is essentially of a practical nature, aimed at improving the management skills of the media professionals so as to allow them to operate in the new economic and political environment in which they now find themselves. The training has also been geared towards familiarising professionals with key issues such as the ethics of journalism, copyright law, defamation as well as a range of other legal areas which are of decisive importance in their working lives.

202. The ADACS Programme of the Council of Europe has enabled law makers in the Central and East European countries to benefit from the experience of West European experts skilled in media law and policy. Following official requests from many of the countries covered by the Programme, the Organisation has been able to constitute teams of independent experts so as to carry out reviews of draft media legislation and offer guidance from the point of view of comparative law and practice as well as relevant international norms.

203. Moreover, the Committee of Ministers approved in 1993 a Package of Measures designed to support independent media in former Yugoslavia, given the contribution of independent media to the establishment of democratic stability and a lasting peace in the region. More recently, the Council of Europe has undertaken a number of activities concerning the media with a view to contributing to the implementation of the Stability Pact for South-Eastern Europe.

204. Further information on the Council of Europe co-operation and assistance programmes in the media field is contained in document DH-MM (2000) 5.

205. The Steering Committee and its subordinate bodies take due note of the special situation of the Central and East European countries when elaborating policy documents. For example, the political texts adopted at the Prague Ministerial Conference on journalistic freedoms and public service broadcasting were drawn up as a means of addressing, in particular, the problems arising on these matters in the Central and East European countries.

206. Finally, a Group of Specialists on media in a pan-European perspective (MM-S-EP) was established by the CDMM in 1995 to meet the specific needs of the Central and East European countries in the area of media law and policy. The Group was notably at the origin of Recommendation No. R (96) 10 on the guarantee of the independence of public service broadcasting. The Group also organised in December 1996 a training Seminar on Article 10 of the European Convention on Human Rights addressed, in particular, to magistrates and practising lawyers in the Central and East European countries. Subsequently, the MM-S-EP was at the origin of Recommendation No. R (99) 15 on measures concerning media coverage of election campaigns. Following the adoption of this instrument, the MM-S-EP has embarked on the preparation of a draft Recommendation on the independence and functions of regulatory authorities for the broadcasting sector.

* * *

APPENDIX A 

DECLARATIONS, RECOMMENDATIONS AND RESOLUTIONS OF THE COMMITTEE OF MINISTERS IN THE MEDIA FIELD 5

1. Resolution (61) 23 on the exchange of television programmes

2. Resolution (67) 13 on the press and the protection of youth

3. Resolution (70) 19 on educational and cultural uses of radio and television in Europe

4. Resolution (74) 26 on the right of reply - position of the individual in relation to the press

5. Resolution (74) 43 on press concentrations

6. Recommendation No. R (79) 1 concerning consumer education of adults and consumer information

7. Recommendation No. R (80) 1 on sport and television

8. Recommendation No. R (81) 19 on the access to information held by public authorities

9. Declaration on freedom of expression and information adopted on 29 April 1982

10. Recommendation No. R (84) 3 on principles on television advertising

11. Recommendation No. R (84) 17 on equality between women and men in the media

12. Recommendation No. R (84) 22 on the use of satellite capacity for television and sound radio

13. Recommendation No. R (85) 6 on aid for artistic creation

14. Recommendation No. R (85) 8 on the conservation of the European film heritage

15. Recommendation No. R (86) 2 on principles relating to copyright law questions in the field of television by satellite and cable

16. Recommendation No. R (86) 3 on the promotion of audio-visual production in Europe

17. Recommendation No. R (86) 9 on copyright and cultural policy

18. Recommendation No. R (86) 14 on the drawing up of strategies to combat smoking, alcohol and drug dependence in co-operation with opinion-makers and the media

19. Recommendation No. R (87) 7 on film distribution in Europe

20. Recommendation No. R (88) 1 on sound and audiovisual private copying

21. Recommendation No. R (88) 2 on measures to combat piracy in the field of copyright and neighbouring rights

22. Resolution (88) 15 setting up a European Support Fund for the co-production and distribution of creative cinematographic and audiovisual works ("EURIMAGES")

23. Resolution (89) 6 modifying Resolution (88) 15

24. Recommendation No. R (89) 7 concerning principles on the distribution of videograms having a violent, brutal or pornographic content

25. Recommendation No. R (90) 10 on cinema for children and adolescents

26. Recommendation No. R (90) 11 on principles relating to copyright law questions in the field of reprography

27. Recommendation No. R (91) 5 on the right to short reporting on major events where exclusive rights for their television broadcast have been acquired in a transfrontier context

28. Recommendation No. R (91) 14 on the legal protection of encrypted television services

29. Resolution (92) 3 modifying Resolution (88) 15

30. Recommendation No. R (92) 15 concerning teaching, research and training in the field of law and information technology

31. Recommendation No. R (92) 19 on video games with a racist content

32. Resolution (92) 70 establishing a European Audiovisual Observatory

33. Recommendation No. R (93) 5 containing principles aimed at promoting the distribution and broadcasting of audio-visual works originated in countries or regions with a low audio-visual output or a limited geographic or linguistic coverage on the European television markets

34. Declaration on neighbouring rights adopted on 17 February 1994

35. Recommendation No. R (94) 3 on the promotion of education and awareness in the area of copyright and neighbouring rights concerning creativity

36. Recommendation No. R (94) 13 on measures to promote media transparency

37. Recommendation No. R (95) 1 on measures against sound and audio-visual piracy

38. Recommendation No. R (95) 13 concerning problems of criminal procedural law connected with information technology

39. Recommendation No. R (96) 4 and Declaration on the protection of journalists in situations of conflict and tension

40. Recommendation No. R (96) 10 on the guarantee of the independence of public service broadcasting

41. Recommendation No. R (97) 19 on the portrayal of violence in the electronic media

42. Recommendation No. R (97) 20 on “hate speech”

43. Recommendation No. R (97) 21 on the media and the promotion of a culture of tolerance

44. Recommendation No. R (99) 1 on measures to promote media pluralism

45. Recommendation No. R (99) 14 concerning new communication and information services

46. Recommendation No. R (99) 15 on measures concerning media coverage of election campaigns

47. Declaration on the exploitation of protected radio and television productions held in the archives of broadcasting organisations, adopted on 9 September 1999

48. Recommendation No. R (2000) 7 on the right of journalists not to disclose their sources of information

* * *

APPENDIX B 

RECOMMENDATIONS AND RESOLUTIONS OF THE PARLIAMENTARY ASSEMBLY IN THE MEDIA FIELD 6

1. Resolution 428 (1970) containing a declaration on communication media and human rights

2. Recommendation 582 (1970) on mass communication media and human rights

3. Recommendation 747 (1975) on press concentrations

4. Recommendation 748 (1975) on the role and management of national broadcasting

5. Recommendation 749 (1975) on European broadcasting

6. Recommendation 815 (1977) on freedom of expression and the role of the writer in Europe

7. Recommendation 834 (1978) on threats to the freedom of the press and television

8. Recommendation 862 (1979) on cinema and the state

9. Recommendation 926 (1981) on questions raised by cable and television and by direct satellite broadcasts

10. Recommendation 952 (1982) on international means to protect freedom of expression by regulating commercial advertising

11. Recommendation 963 (1983) on cultural and educational means of reducing violence

12. Resolution 820 (1984) on relations of national Parliaments with the media

13. Recommendation 996 (1984) on Council of Europe work relating to the media

14. Recommendation 1011 (1985) on the situation of professional dance in Europe7

15. Resolution 848 (1985) on privacy of sound and individual freedom of musical choice8

16. Recommendation 1037 (1986) on data protection and freedom of information

17. Recommendation 1043 (1986) on Europe's linguistic and literary heritage

18. Recommendation 1047 (1986) on the danger of boxing9

19. Recommendation 1059 (1987) on the economics of culture

20. Recommendation 1067 (1987) on the cultural dimension of broadcasting in Europe

21. Resolution 887 (1987) on European Cinema and Television Year

22. Recommendation 1077 (1988) on access to transfrontier audio-visual media during election campaigns

23. Recommendation 1096 (1989) on the European Convention on Transfrontier Television

24. Recommendation 1098 (1989) on East-West audio-visual co-operation

25. Recommendation 1110 (1989) on distance teaching

26. Recommendation 1111 (1989) on the European dimension of education

27. Resolution 937 (1990) on telecommunications : the implications for Europe

28. Recommendation 1122 (1990) on the revival of the countryside by means of information technology

29. Recommendation 1136 (1990) on a European policy on alcohol

30. Recommendation 1138 (1990) on the European Support Fund for the co-production and distribution of creative cinematographic and audiovisual works "Eurimages"

31. Resolution 956 (1991) on transfer of technology to countries of Central and Eastern Europe

32. Resolution 957 (1991) on the situation of local radio in Europe

33. Recommendation 1147 (1991) on parliamentary responsibility for the democratic reform of broadcasting

34. Resolution 1003 (1993) on the ethics of journalism

35. Recommendation 1215 (1993) on the ethics of journalism

36. Recommendation 1216 (1993) on European cultural co-operation

37. Recommendation 1228 (1994) on cable networks and local television stations: their importance for Greater Europe

38. Recommendation 1239 (1994) on the cultural situation in former Yugoslavia

39. Recommendation 1265 (1995) on enlargement and European cultural co-operation

40. Recommendation 1276 (1995) on the power of the visual image

41. Recommendation 1277 (1995) on migrants, ethnic minorities and media

42. Recommendation 1314 (1997) on the new technologies and employment

43. Resolution 1120 (1997) on the impact of new communication and information technologies on democracy

44. Recommendation 1332 (1997) on the scientific and technical aspects of the new information and communications technologies

45. Resolution 1142 (1997) on Parliaments and the media

46. Resolution 1165 (1998) on the right to privacy

47. Resolution 1191 (1998) on the Information Society and a digital world

48. Recommendation 1407 (1999) on media and democratic culture

* * *

APPENDIX C 

CONFERENCES OF SPECIALISED MINISTERS, SYMPOSIA OF THE PARLIAMENTARY ASSEMBLY AND OTHER SPECIAL MEETINGS ORGANISED BY THE COUNCIL OF EUROPE DEALING PARTLY OR WHOLLY WITH MASS MEDIA 

Date and place

Conference

Responsible organ/Department10

Salzbourg,
9-12 September 1968

Symposium "Human Rights and Mass Communication Media"

Assembly

Munich,
24-26 June 1974

Symposium "The role and management of telecommunications in a democratic society"

Assembly

Stockholm,
26-27 September 1974

Round Table "Press Councils"

DDH

Rome,
5-8 November 1975

4th International Colloquy on the European Convention on Human Rights - Theme 3 "The evolution of the freedom of expression"

DDH

Graz,
21-23 September 1976

Symposium "Freedom of Information and the duty for public authorities to make available information"

DDH

Lisbon,
14-16 June 1978

Symposium "Cinema and the State"

Assembly

Liège,
19-22 December 1978

Symposium "Community
Media ?"

CDCC

Majorca,
6-10 April 1981

5th Conference of European Ministers responsible for Sport - Resolution No. 1 "on the European Sports Sponsorship Code"

CDDS

Luxembourg,
5-7 May 1981

3rd Conference of European Ministers responsible for Cultural Affairs - Resolution No. 3 on "Cultural Development and the Electronic Media"

DECS

Grenoble,
29 June-3 July 1981

Symposium "The Secondary School and the Mass Media"

CDCC

Strasbourg,
2 October 1981

International Colloquy on "creative art and cinematographic production vis-à-vis the State in Europe"

DECS

Assisi,
1-3 September 1982

Hearing on violence

Assembly

Strasbourg,
25-26 November 1982

Symposium "Creative artists and the industrialisation of culture : Music"

CDCC

Strasbourg,
21-23 June 1983

Seminar "The contribution of the media to the promotion of equality between women and men"

CAHFM/CDMM

Berlin,
23-25 May 1984

4th Conference of European Ministers responsible for Cultural Affairs - Resolutions I on "Culture and Communications Technology" and V on "Violent Video Cassettes"

DECS

Brussels,
26-27 June 1984

Symposium "Copyright and Cultural Policy"

CDCC/CDMM

Cork,
14-16 May 1985

Symposium "Privacy of Sound"

Assembly

Strasbourg,
29-30 May 1985

Symposium "Public authority measures affecting the culture industries"

CDCC

Seville,
13-16 November 1985

6th International Colloquy about the European Convention on Human Rights - Theme I : "Article 10 (freedom of expresssion)"

DDH

Wells,
19-21 November 1985

Symposium "Strategies of music industries and of radio organisations"

CDCC

Strasbourg,
1-3 July 1986

Seminar "Human Rights and Journalism"

CDDH

Donaueschingen,
6-11 October 1986

European teachers' Seminar "Mass Media Education in Primary Schools"

CDCC

The Hague,
21-23 October 1986

Final Conference of Project No. 11 "Promotion of creativity taking into account the development of the culture industries"

CDCC

Vienna,
9-10 December 1986

First European Ministerial Conference on Mass Media policy : "The future of television in Europe"

CDMM

Rimini,
3-4 July 1987

Colloquy "Film co-distribution in the European area"

CDCC

Sintra,
15-17 September 1987

5th Conference of European Ministers responsible for Cultural Affairs : Resolution II "Promoting the common heritage and European cultural diversity taking into account the development of communication technologies"

DECS

Vienna,
12-13 April 1988

Informal meeting of European Ministers responsible for Mass Media Policy

CDMM

Strasbourg,
30-31 May 1988

Symposium "Piracy of European audio-visual works"

CDMM

Brussels,
13-14 September 1988

Informal meeting of European Ministers responsible for Cultural Affairs

DECS

Frascati,
27-29 September 1988

Forum "Initiation in audio-visual languages and the training of film and television professionals"

CDCC

Orvieto,
26-28 October 1988

Colloquy "Cinema and television: the audio-visual field as a vector of communication between Eastern and Western Europe"

Assembly

Stockholm,
23-24 November 1988

2nd European Ministerial Conference on Mass Media Policy: "European Mass Media Policy in an International Context"

CDMM

Strasbourg,
8 November 1989

Round Table with representatives of Hungary, Poland and Yugoslavia

CDMM

Warsaw,
19-20 December 1989

Symposium "Linguistic diversity in Europe"

Assembly

Strasbourg,
21 February 1990

Round Table with representatives of the Russian Federation

CDMM

Blois,
10-11 March 1990

East/West Forum of Audio-visual directors

Assembly

Hanasaari (Finland),
18-20 October 1990

Workshop on the "specific problems of the production and distribution of audio-visual works encountered in European countries with a low audio-visual output and limited geographic or linguistic coverage"

CDMM

Prague,
30-31 October 1990

Symposium "Parliamentary responsibility for the democratic reform of broadcasting"

Assembly

Leon (Spain),
22-23 March 1991

Informal meeting of European Ministers responsible for Cultural Affairs

DECS

Strasbourg,
8 April 1991

Symposium "Radio, Democracy and the Market Forces"

Assembly (organised by EBU, the Council of Europe and the Commission of the European Communities)

Budapest,
15-17 May 1991

Parliamentarians-NGOs Conference "Politics and Citizens"

Assembly

Helsinki,
26 June 1991

Hearing "The ethics of journalism: abuse of the power to control information"

Assembly

Nicosia (Cyprus),
9-10 October 1991

3rd European Ministerial Conference on Mass Media Policy: "Which way forward for Europe's media in the 1990s ?"

CDMM

Paris,
11-14 June 1992

European Encounter on "European television and immigration"

Assembly (organised by the Association for Dialogue between Cultures (ADEC))

Cracow (Poland),
30 September-3 October 1993

Symposium "Press, Television and Europe's Regions"

CDCC

Strasbourg,
15 October 1993

Hearing on the situation of the media in former Yugoslavia

Assembly

Strasbourg,
29 November - 1 December 1993

Seminar on "media in situations of conflict and tension"

CDMM

Strasbourg,
29 June - 1 July 1994

Seminar on "Human rights and gender: the responsibility of the media"

CDMM (organised with the CDEG)

Dublin,
7-8 November 1994

Colloquy on the power of the visual image

Assembly

Prague,
7-8 December 1994

4th European Ministerial Conference on Mass Media Policy

CDMM

Paris,
23-24 March 1995

Seminar on "Electronic democracy"

Assembly

Strasbourg,
12-13 October 1995

Colloquy "Towards the European cinema of the 21st century"

CDCC

Oslo,
28-29 May 1996

Seminar on "Copyright and neighbouring rights in the digital era"

CDMM

Budapest,
28-29 October 1996

8th Conference of Ministers responsible for Cultural Affairs

CDCC

Prague,
19-23 November 1996

Conference "A new space for culture and society"

CDCC

Neuchâtel,
3-5 April 1997

Colloquy on "Information highways: between dream and reality"

Assembly

Paris,
23-24 April 1997

Seminar on identification
and codification procedures of works transmitted on digital networks

CDMM

Thessaloniki,
11-12 December 1997

5th European Ministerial Conference on Mass Media Policy

CDMM

Strasbourg
28-29 September 1998

Workshop on “good” and “bad” practices regarding the image of women in the media

CDMM (organised with the CDEG)

Strasbourg
7-8 October 1998

Information seminar on self-regulation by the media

CDMM

Helsinki,
10-11 June 1999

Conference on public access and freedom of expression

CDCC

Strasbourg,
29 September 1999

Conference on freedom of expression and the right to privacy

CDMM

Malta,
2-3 November 1999

Conference on universal access to Internet services

CDMM

* * *

APPENDIX D 

PUBLICATIONS 

I. General information documents

These documents are available free of charge on request from the Media Division of the Directorate General of Human Rights, Council of Europe, F-67075 STRASBOURG Cedex, France

- DH-MM (98) 4 European Ministerial Conferences on Mass Media Policy: Texts adopted

- DH-MM (2000) 1 Activities of the Council of Europe in the media field

- DH-MM (2000) 2 Recommendations and Declarations adopted by the Committee of Ministers of the Council of Europe in the media field

- DH-MM (2000) 3 Recommendations and Resolutions adopted by the Parliamentary Assembly of the Council of Europe in the media field

- DH-MM (2000) 5 Council of Europe Co-operation and Assistance Programmes in the media field

- DH-MM (2000) 6 Case-law concerning Article 10 of the European Convention on Human Rights (freedom of expression)

- DH-MM (2000) 7 Proceedings of the Conference on freedom of expression and the right to privacy (Strasbourg, 23 September 1999)

- DH-MM (97) 4 Proceedings of the Seminar "Copyright and neighbouring rights in the digital era: New challenges for rights holders, rights management and users" (Oslo, 28-29 May 1996)

- DH-MM (97) 8 Council of Europe activities concerning the protection of copyright and neighbouring rights in the media sector

- DH-MM (98) 8 The revised European Convention on Transfrontier Television and its Explanatory Report

- Completion guarantees for the production of audiovisual works (1994)

- Protection of neighbouring rights - Discussion document (1996)

II. Other publications

Publications listed heareafter may be obtained from the Council of Europe's official sales agents, addresses of which are listed at the end of this Appendix. They are also available from Council of Europe Publishing, Council of Europe, F-67075 STRASBOURG Cedex, France.

- MASS MEDIA FILES 11

    No. 1 Advertising in radio and television broadcasts (1982)
    ISBN 91-871-0013-8

    No. 2 Statutory regulation and self-regulation of the press (1982)
    ISBN 92-871-0015-2

    No. 3 Economic and financial aspects of the mass media (1982)
    ISBN 92-871-0060-8

    No. 4 The interdependence of the media (1983)
    ISBN 92-871-0261-9

    No. 5 (Available in French only) Droits de propriété intellectuelle et distribution par câble de programmes de télévision (1983)
    ISBN 92-871-0262-7

    No. 6 Principles and criteria concerning the content of television programmes (1983)
    ISBN 92-871-0267-8

    No. 7 The private copying of phonograms and videograms (1984)
    ISBN 92-871-0336-4

    No. 8 Television by satellite and cable (1985)
    ISBN 92-871-0770-X

    No. 9 Programme sponsorship and new forms of commercial promotion on television (1991)
    ISBN 92-871-1879-5

    No. 10 Critical perspectives on the scope and interpretation of Article 10 of the European Convention on Human Rights (1995)
    ISBN 92-871-2719-0

- Proceedings of the Seminar on the contribution of the media to the promotion of equality between women and men

    Strasbourg, 21-23 June 1983
    ISBN 92-871-0314-3

- Principles on television advertising (1984)

    ISBN 92-871-0326-7

- The use of satellite capacity for television and sound radio (1985)

    ISBN 92-871-0377-1

- Equality between women and men in the media (1985)

    ISBN 92-871-0381-X

- Principles relating to copyright law questions in the field of television by satellite and cable (1987)

    ISBN 92-871-0993-1

- Promotion of audio-visual production in Europe (1987)

    ISBN 92-871-0999-0

- Proceedings of the Sixth International colloquy about the European Convention on Human Rights

    Seville, 13-16 November 1985 (1988)
    ISBN 90-247-3539-4, 4 Martinus Nijhoff Publishers, P.O. box 163, 3300 AD Dordrecht, Netherlands

- Proceedings of the First European Ministerial Conference on Mass Media Policy, "The Future of Television in Europe"

    Vienna, 9-10 December 1986 (1988)
    ISBN 92-871-1584-2

- Sound and audio-visual private copying (1989)

    ISBN 92-871-1669-5

- Measures to combat piracy in the field of copyright and neighbouring rights (1989)

    ISBN 92-871-1674-1

- Problems of the production and distribution of audiovisual works in the "smaller" European countries (1992)

    ISBN 92-871-2168-0

- Aid for cinematographic and audio-visual production in Europe, by Jean-Noël DIBIE (1993)

    ISBN 0-86196 397-0, John Libbey & Company and the Council of Europe

- The key to the negotiation of audiovisual co-production contracts, by Dorothy VILJOEN (1994)

    ISBN 92-871-2545-7

- Principles on the distribution of videograms having a violent, brutal or pornographic content (1995)

    ISBN 92-871-2704-2

- Principles relating to copyright law questions in the field of reprography (1995)

    ISBN 92-871-2706-9

- The right to short reporting on major events where exclusive rights for their television broadcast have been acquired in a transfrontier context (1995)

    ISBN 92-871-2708-5

- The legal protection of encrypted television services (1995)

    ISBN 92-871-2710-7

- Principles aimed at promoting the distribution and broadcasting of audiovisual works originating in countries or regions with a low audiovisual output or a limited geographic or linguistic coverage on the European television markets (1995)

    ISBN 92-871-2721-2

- Promotion of education and awareness in the area of copyright and neighbouring rights concerning creativity (1995)

    ISBN 92-871-2732-8

- Measures to promote media transparency (1995)

    ISBN 92-871-2735-2

- Measures against sound and audiovisual piracy (1995)

    ISBN 92-871-2864-2

- The fight against sound and audiovisual piracy (1995)

    ISBN 92-871-2891-X

- Media and democracy (1998)
ISBN-92-871-3413-8

- Media and elections (1999)
ISBN-92-871-3952-0

III. Texts of European Treaties in the media field

These texts are published in the European Treaty Series (ETS).

No. 27 European Agreement concerning Programme Exchanges by means of Television Films (15.12.1958)

    ISBN 92-871-0081-0

Nos.34, European Agreement on the Protection of Television Broadcasts (22.6.1960)
54 and 81 Protocol to the European Agreement (22.1.1965)

    Additional Protocol to the Protocol to the European Agreement (14.1.1974)
    ISBN 92-871-0087-X

No. 53 European Agreement on the Prevention of Broadcasts transmitted from Stations outside National Territories (22.1.1965)

    ISBN 92-871-0102-7

No. 113 Additional Protocol to the Protocol to the European Agreement on the Protection of Television Broadcasts (21.3.1983)

    ISBN 92-871-0234-1

No. 131 Third Additional Protocol to the Protocol to the European Agreement on the Protection of Television Broadcasts (20.4.1989)

    ISBN 92-871-1706-3

No. 132 Transfrontier television: Explanatory report on the European Convention (5.5. 1989). This document also contains the text of the Convention.

    ISBN 92-871-1819-1

No. 153 European Convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite and explanatory report (11.5.1994)

    ISBN 92-871-3012-4

No. 171 Protocol amending the European Convention on Transfrontier Television (1.10.1998)

    ISBN 92-871-3760-9


1 See list of Recommendations and Resolutions in Appendix B. The full texts of the Assembly Recommendations and Resolutions are set out in document DH-MM (2000) 3.

2 Albania, Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, "The Former Yugoslav Republic of Macedonia", Turkey, Ukraine and United Kingdom.

3 ETS: European Treaty Series

4 All the services of the Observatory are available in English, French and German (contact address: European Audiovisual Observatory, 76 allée de la Robertsau, F-67000 Strasbourg, Tel: (+33 0) 388.14.44.00, Fax: (+33 0) 388.14.44.19.

5 All these texts are reproduced in document DH-MM (2000) 2.

6 All these texts are reproduced in document DH-MM (2000) 3.

7 The text of this Recommendation touches on some elements concerning the media.

8 The text of this Resolution touches on some elements concerning the media.

9 The text of this Recommendation and the report of the Committee on Culture and Education doc. 5541) refer to the role of the mass media in informing the public of the potential harmful effects of boxing as well as, more generally, the media coverage of boxing.

10 DDH: Directorate of Human Rights
CDCC : Council for Cultural Co-operation
CDDS : Committee for the Development of Sport
DECS : Directorate of Education, Culture and Sport
CAHFM : Committee for Equality between Women and Men
CDMM : Steering Committee on the Mass Media
CDDH : Steering Committee for Human Rights
CDEG: Steering Committee for Equality between women and men

11 Work of the CDMM and of its subordinate committees has been at the basis of a number of specific studies which have been published since 1982 in this series.