[Privsec] Freedom of Expression Declaration by Council of Europe

[karen banks]

i guess you're aware of /following this?

greetings from very cold, very cold, new york.. snow's nice though.. here 
at the Beijing+10 review - hard to believe the Fourth world conference on 
women was 10 years ago..

and, belated happy international women's day to all - for yesterday

karen

>Date: Mon, 07 Mar 2005 11:21:48 +0000
>From: Jim McDonnell <jimmcdonnell at blueyonder.co.uk>
>To: Working Group on Media Diversity <Wg-md at comunica.org>
>Subject: [WG MD] Freedom of Expression Declaration by Council of Europe
>
>For info:
>http://www.coe.int/T/E/Com/press/News/2005/20050307_cm.asp
>Declaration on freedom of expression and information in the media in the 
>context of the fight against terrorism (Adopted by the Committee of 
>Ministers on 2 March 2005 at the 917th meeting of the Ministers' Deputies)
>
>The Committee of Ministers of the Council of Europe,
>
>Considering that the aim of the Council of Europe is to achieve a greater 
>unity between its members for the purpose of safeguarding and promoting 
>the ideals and principles which are their common heritage;
>
>Considering the dramatic effect of terrorism on the full enjoyment of 
>human rights, in particular the right to life, its threat to democracy, 
>its aim notably to destabilise legitimately constituted governments and to 
>undermine pluralistic civil society and its challenge to the ideals of 
>everyone to live free from fear;
>
>Unequivocally condemning all acts of terrorism as criminal and 
>unjustifiable, wherever and by whomever committed;
>
>Noting that every state has the duty to protect human rights and 
>fundamental freedoms of all persons;
>
>Recalling its firm attachment to the principles of freedom of expression 
>and information as a basic element of democratic and pluralist society and 
>a prerequisite for the progress of society and for the development of 
>human beings, as underlined in the case-law of the European Court of Human 
>Rights under Article 10 of the European Convention on Human Rights as well 
>as in the Committee of Ministers' Declaration on the freedom of expression 
>and information of 1982;
>
>Considering that the free and unhindered dissemination of information and 
>ideas is one of the most effective means of promoting understanding and 
>tolerance, which can help prevent or combat terrorism;
>
>Recalling that states cannot adopt measures which would impose 
>restrictions on freedom of expression and information going beyond what is 
>permitted by Article 10 of the European Convention on Human Rights, unless 
>under the strict conditions laid down in Article 15 of the Convention;
>
>Recalling furthermore that in their fight against terrorism, states must 
>take care not to adopt measures that are contrary to human rights and 
>fundamental freedoms, including the freedom of expression, which is one of 
>the very pillars of the democratic societies that terrorists seek to destroy;
>
>Noting the value which self-regulatory measures taken by the media may 
>have in the particular context of the fight against terrorism;
>
>Recalling Article 10 of the European Convention on Human Rights, the 
>Committee of Ministers' Declarations on the freedom of expression and 
>information adopted on 29 April 1982, on the protection of journalists in 
>situations of conflict and tension adopted on 3 May 1996, and its 
>Recommendations No. R (97) 20 on hate speech, No. R (97) 21 on the media 
>and the promotion of a culture of tolerance, No. R (2000) 7 on the right 
>of journalists not to disclose their sources of information and 
>Rec(2003)13 on the provision of information through the media in relation 
>to criminal proceedings;
>
>Bearing in mind the Resolutions and Recommendations of the Parliamentary 
>Assembly on terrorism;
>
>Recalling the Guidelines on Human Rights and the Fight against Terrorism 
>which it adopted on 11 July 2002,
>
>Calls on public authorities in member states:
>
>- not to introduce any new restrictions on freedom of expression and 
>information in the media unless strictly necessary and proportionate in a 
>democratic society and after examining carefully whether existing laws or 
>other measures are not already sufficient;
>
>- to refrain from adopting measures equating media reporting on terrorism 
>with support for terrorism;
>
>- to ensure access by journalists to information regularly updated, in 
>particular by appointing spokespersons and organising press conferences, 
>in accordance with national legislation;
>
>- to provide appropriate information to the media with due respect for the 
>principle of the presumption of innocence and the right to respect for 
>private life;
>
>- to refrain from creating obstacles for media professionals in having 
>access to scenes of terrorist acts that are not imposed by the need to 
>protect the safety of victims of terrorism or of law enforcement forces 
>involved in an ongoing anti-terrorist operation, of the investigation or 
>the effectiveness of safety or security measures; in all cases where the 
>authorities decide to restrict such access, they should explain the 
>reasons for the restriction and its duration should be proportionate to 
>the circumstances and a person authorised by the authorities should 
>provide information to journalists until the restriction has been lifted;
>
>- to guarantee the right of the media to know the charges brought by the 
>judicial authorities against persons who are the subject of anti-terrorist 
>judicial proceedings, as well as the right to follow these proceedings and 
>to report on them, in accordance with national legislation and with due 
>respect for the presumption of innocence and for private life; these 
>rights may only be restricted when prescribed by law where their exercise 
>is likely to prejudice the secrecy of investigations and police inquiries 
>or to delay or impede the outcome of the proceedings and without prejudice 
>to the exceptions mentioned in Article 6 paragraph 1 of the European 
>Convention on Human Rights;
>
>- to guarantee the right of the media to report on the enforcement of 
>sentences, without prejudice to the right to respect for private life;
>
>- to respect, in accordance with Article 10 of the European Convention on 
>Human Rights and with Recommendation No. R (2000) 7, the right of 
>journalists not to disclose their sources of information; the fight 
>against terrorism does not allow the authorities to circumvent this right 
>by going beyond what is permitted by these texts;
>
>- to respect strictly the editorial independence of the media, and 
>accordingly, to refrain from any kind of pressure on them;
>
>- to encourage the training of journalists and other media professionals 
>regarding their protection and safety and to take, where appropriate and, 
>if circumstances permit, with their agreement, measures to protect 
>journalists or other media professionals who are threatened by terrorists;
>
>Invites the media and journalists to consider the following suggestions:
>
>- to bear in mind their particular responsibilities in the context of 
>terrorism in order not to contribute to the aims of terrorists; they 
>should, in particular, take care not to add to the feeling of fear that 
>terrorist acts can create, and not to offer a platform to terrorists by 
>giving them disproportionate attention;
>
>- to adopt self-regulatory measures, where they do not exist, or adapt 
>existing measures so that they can effectively respond to ethical issues 
>raised by media reporting on terrorism, and implement them;
>
>- to refrain from any self-censorship, the effect of which would be to 
>deprive the public of information necessary for the formation of its opinion;
>
>- to bear in mind the significant role which they can play in preventing 
>"hate speech" and incitement to violence, as well as in promoting mutual 
>understanding;
>
>- to be aware of the risk that the media and journalists can 
>unintentionally serve as a vehicle for the expression of racist or 
>xenophobic feelings or hatred;
>
>- to refrain from jeopardising the safety of persons and the conduct of 
>antiterrorist operations or judicial investigations of terrorism through 
>the information they disseminate;
>
>- to respect the dignity, the safety and the anonymity of victims of 
>terrorist acts and of their families, as well as their right to respect 
>for private life, as guaranteed by Article 8 of the European Convention on 
>Human Rights;
>
>- to respect the right to the presumption of innocence of persons who are 
>prosecuted in the context of the fight against terrorism;
>
>- to bear in mind the importance of distinguishing between suspected or 
>convicted terrorists and the group (national, ethnic, religious or 
>ideological) to which they belong or to which they claim to subscribe;
>
>- to assess the way in which they inform the public of questions 
>concerning terrorism, in particular by consulting the public, by 
>analytical broadcasts, articles and colloquies, and to inform the public 
>of the results of this assessment;
>
>- to set up training courses, in collaboration with their professional 
>organisations, for journalists and other media professionals who report on 
>terrorism, on their safety and the historical, cultural, religious and 
>geopolitical context of the scenes they cover, and to invite journalists 
>to follow these courses.
>
>The Committee of Ministers agrees to monitor, within the framework of the 
>existing procedures, the initiatives taken by governments of member states 
>aiming at reinforcing measures, in particular in the legal field, to fight 
>terrorism as far as they could affect the freedom of the media, and 
>invites the Parliamentary Assembly to do alike.
>
>
>
>Dr Jim McDonnell
>
>Director of Advocacy
>SIGNIS
>
>134 Worple Road
>
>London SW19 4JF
>
>UK
>+44 (0) 208 946 3631
>+44 (0) 7860 920 710
>jimmcdonnell at blueyonder.co.uk
>
>
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