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Strasbourg, 24 November 2011

MC-NM(2011)016Rev
French
Pdf

COMMITTEE OF EXPERTS ON NEW MEDIA
(MC-NM)
______

5th meeting
20 – 21 September 2011

Agora Building
Room G 05

Meeting report

1. Opening of the meeting and adoption of the agenda
The MC-NM had its fifth and last meeting under the Chairmanship of Mr Thomas Schneider (Switzerland).
The Committee adopted the draft agenda as set out in Appendix 1 to this report. The list of participants appears in Appendix 2.
2. Information of interest to the work of the MC-NM
The Secretariat informed the participants about the main activities of interest to the work of the Committee. Consideration was given to the upcoming Internet Governance Forum in Nairobi (Kenya) from 27 to 30 September, and the opportunity that this forum offers to raise awareness on the two Draft Recommendations on social networking and search engines.
The Secretariat informed the participants of the outcome of the consultation process regarding the two Draft Recommendations on social networking and search engines. The consultation was launched at the end of August through the submission of the draft texts to the stakeholders concerned from private sector and civil society. A meeting with relevant stakeholders was organised on 12 and 13 September 2011 in the Council of Europe Liaison Office in Brussels. Participants showed a general appreciation for the Draft Recommendations, in particular with respect to the recognition of the important role that social networks and search engines have gained in promoting freedom of expression. Participants submitted their proposals for amendments to the two texts during the meeting and in writing in the days following the meeting.
3. Examination and finalisation of the Draft Recommendation on the protection of freedom of expression and the right to private life with regard to social networking services
The MC-NM examined the Draft Recommendation on the protection of freedom of expression and the right to private life with regard to social networking services
(MC-NM(2010)003rev2) as amended in light of the comments submitted by the Consultative Committee of the Convention for the protection of individuals with regard to automatic processing of personal data (T-PD).
The MC-NM discussed in detail the text of the draft recommendation and considered the suggestions submitted by the stakeholders who participated in the abovementioned consultation. In particular, the MC-NM decided: a) to modify the title of the Draft recommendation that now refers to the protection of “freedom of expression and the right to private life” instead of “protection of human rights”; b) to put more emphasis on the fact that social networking offers opportunities for people to further exercise human rights and fundamental freedoms; c) to clarify the paragraph(s) on self-regulatory and co-regulatory mechanisms taking into account the differences between the two mechanisms; d) to amend the section on raising awareness as regards freedom of expression and access to information, and give consideration to the many young children participating in social networks; f) to amend the section on data protection in order to clarify the principles on privacy-friendly default settings, privacy by design and pseudonymity, and to include a provision on identity theft; g) not to include a specific section on gender equality.
The MC-NM amended the text and decided to submit it to the Steering Committee on the Media and New Communication Services (CDMC) for approval.
Concerning the Guidelines which figured as an attachment to the draft Recommendation, the Committee decided to set them aside for the time being, as they considered it more beneficial to dedicate additional time to the consultation process in order to engage in a more intense dialogue and consensus building with the stakeholders concerned.
4. Examination and finalisation of the Draft Recommendation on the protection of freedom of expression and information and the right to private life with regard to search engines
The MC-NM examined the Draft Recommendation on the protection of freedom of expression and information and the right to private life with regard to search engines (MC-NM(2010)004rev2) as amended in light of the comments of the T-PD. As for the text on social networking, the MC-NM discussed in detail the text of the Draft Recommendation and considered the suggestions submitted by the stakeholders who participated in the abovementioned consultation.
The MC-NM amended the text and decided to submit it to the CDMC for approval. In particular, the MC-NM decided to: a) modify the title of the Draft Recommendation so that it now refers to the “protection on freedom of expression and information and the right to private life” instead of “protection of human rights”; b) insert a new section on the need to respect and apply the legislation in place, including copyright law; c) re-draft the paragraph on concentration of the search engine market to better identify the challenges that this may raise with regard to access to information; d) amend the section on data protection and, in particular, determine a specific maximum period of time for data retention (6 months).
The Committee discussed the possibility of including in the Draft Recommendation a reference to the fact that not only access, security and transparency should be ensured in the context of search engines but also “non partiality” as regards access to content. The Committee agreed that proposals by the participants regarding this particular aspect would be circulated by e-mail in the following days.
As for the text on social networking, the Committee decided not to finalise at this stage the guidelines for search engine providers attached to the Draft Recommendation and considered it more appropriate to spend more time in dialogue and consensus building with the stakeholders concerned.

5. End of terms of reference
Due to the lengthy discussions and drafting work carried out during the meeting on the two Draft Recommendations, there was no time left for the Committee to discuss the future activity of the Steering Committee on Media and Information Society (CDMSI) and the 2013 Conference of Ministers responsible for media and new communication services. The Chairperson, noted that MC-NM terms of reference expire on 31 December 2011 and warmly thanked the participants for their excellent work during the Committee’s period of existence.
6. Other business
No issues were raised under this item.

Appendix 1
Agenda

1. Opening of the meeting and adoption of the agenda

2. Information of interest to the work of the MC-NM

3. Draft Recommendation on measures to protect and promote respect for human rights with regard to social networking services + Draft Guidelines for social networking providers

4. Draft Recommendation on measures to protect and promote respect for human rights with regard to search engines + Draft Guidelines for search engine providers

5. Future activity of the Steering Committee (CDMSI)

6. 2013 Conference of Ministers responsible for media and new communication services

7. Other business

Appendix 2

LIST OF PARTICIPANTS

MEMBERS

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

Austria/Autriche (Vice-Chair)
Ms Daniela SABETZER, Department for Media Affairs / Information Society, Federal Chancellery – Austria – Legal Service, Vienna

Bosnia and Herzegovina / Bosnie-Herzégovine
Apology

Bulgaria/Bulgarie
Ms Nelly STOYANOVA, Head of Department, Policy and Development of Information Society, Ministry of Transport, IT and Communications, Sofia

Estonia/Estonie
Mr Andres JOESAAR, Head of Corporate and content services / Chairman of the Council, Tele2 Eesti AS, Estonia

France
Ms Sophie VERRIER, Chargée d’études juridiques au Bureau des affaires européennes et internationales, Direction générale des Médias et des industries culturelles, Ministère de la Culture et de la Communication, Paris

Germany/Allemagne
Ms Els HENDRIX, Federal Government of Germany (BKM), Berlin

Ms Annick KUHL, Representation of The Free State of Bavaria to the EU, Brussels

Hungary/Hongrie
Dr Gyorgy OCSKÓ, Head of Department, National Media and Infocommunications Authority of Hungary, Budapest

Ireland/Irlande
Mr Richard BROWNE, Broadcasting Policy Division, Department of Communications, Energy and Natural Resources, Dublin

Lithuania/Lituanie
Mr Liutauras ULEVICIUS, PHD Candidate, Department of Electronic Business, Mykolas Romeris University, Vilnius

Netherlands/Pays-Bas
Ms Sjoera NAS, Internet and Telecom Expert, Dutch Data Protection Authority (CBP), The Hague

Ms Andra LEURDIJK, Expert in (new) media Policy & creative industries, TNO, Delft

Norway/Norvège
Mr Harald HØIBY, Adviser, Ministry of Culture, Department of Media Policy and Copyright, Oslo

Poland/Pologne

Russian Federation/Fédération de Russie
Mr Alexander BORISOV, Professor, Moscow State Institute of International Relations, Foreign Ministry of Russia, Moscow

Serbia/Serbie
Ms Maja RAKOVIĆ, Counsellor, Cabinet of the Minister, Ministry of Foreign Affairs of the Republic of Serbia, Belgrade

Slovenia/Slovenie
Mr Skender ADEM, Undersecretary, Ministry of Culture of Republic of Slovenia
Maistrova ulica 10, SI-1000 Ljubljana, Slovenia

Spain/Espagne
Mr Borja ÁLVAREZ, Cabinet Adviser, State Secretariat of Telecommunications and Information Society (Ministry of Industry, Tourism and Trade), Madrid

Switzerland/Suisse (CHAIR)
Mr Thomas SCHNEIDER, Federal Office of Communications, Biel

The former Yugoslav Republic of Macedonia/L’Ex-République Yougoslave de Macédoine
Ms Vesna POPOSKA, Head of International PR Department, Government of “the former Yugoslav Republic of Macedonia”, Secretariat General, Skopje

Turkey/Turquie
Mr Hasan Ali ERDEM, Assistant Expert of international relations, Radio and Television Supreme Council, Ankara

Ukraine
Apology

United Kingdom/Royaume-Uni
Mr Chris DAWES, Media Directorate, Department for culture, media and sport,
London

* * *

PARTICIPANTS

European Commission/Commission européenne
Mr Audrius PERKAUSKAS, Unit A1 INFSO, European Commission, Directorate General for Information Society and Media, Brussels

Conference of International Non-Governmental Organisations of the Council of Europe
Apology

PACE / APCE

* * *
OBSERVERS

Association of Commercial Television in Europe (ACT)

Community Media Forum Europe
Mr Pieter de WIT, President, Community Media Forum Europe (CMFE) Nijmegen, The Netherlands

European Broadcasting Union / Union Européenne de Radio-Télévision (EBU)
Ms Anne-Catherine BERG, Legal Adviser, Legal Department, EBU-UER, Grand-Saconnex GE, Switzerland

European Digital Rights (EDRI)
Ms Meryem MARZOUKI, European Digital Rights, Paris

European Federation of Journalists (EFJ)

European Newspaper Publishers’ Association (ENPA)
Mr Holger ROSENDAL, Chefjurist/Head of Legal Department, Danske Dagblades Forening/Danish Newspaper Publishers’ Association, Copenhagen

* * *

PERMANENT REPRESENTATIONS

Maria Louka, Conseillère de Presse, Press and Communication Office,
Permanent Representation of Greece to the Council of Europe

Vasiliki Kordatou, Attaché de Presse, Press and Communication Office,
Permanent Representation of Greece to the Council of Europe

Secretariat of the Council of Europe / Secrétariat du Conseil de l’Europe

Mr Jan MALINOWSKI, Head of Information Society, Media and Data Protection Division, Directorate General of Human Rights and Legal Affairs of the Council of Europe

Ms Alessandra PIERUCCI, Administrator, Information Society, Media and Data Protection Division, Directorate General of Human Rights and Legal Affairs of the Council of Europe

Ms Sophie KWASNY, Administrator, Information Society, Media and Data Protection Division, Directorate General of Human Rights and Legal Affairs of the Council of Europe

Ms Marise BOYLAN, Assistant, Information Society, Medias and Data Protection Division, Directorate General of Human Rights and Legal Affairs of the Council of Europe

Interpreters/Interprètes

Gillian WAKENHUT
Nicolas GUITTONNEAU

MC-NM(2011)016Rev