Ministry of Transport, Information Technology and Communications

Political declaration adopted by the 1st Council of Europe Conference of Ministers

responsible for Media and New Communication Services

A new notion of media?

(28 and 29 May 2009, Reykjavik, Iceland)

The ministers of states participating in the 1st Council of Europe Conference of Ministers responsible for Media and New Communication Services, held in Reykjavik on 28 and 29 May 2009, make the following political declaration:

1. Free, independent and diverse media are essential for a democratic society. This is why the

Council of Europe has developed a large body of standards over the years that seek to protect the media from interference, in compliance with Article 10 of the European Convention on Human Rights (ETS No. 5). Those standards also explore duties and responsibilities which equally stem from Article 10. Thanks to constant review and updating, their relevance has persisted over the years, even in a changing media landscape.

2. The ways in which information is gathered, content is created and the methods by which both are made available and sought have changed with technological developments. Users have ready access to, and create content for, means of mass communication which employ diversified communication platforms for both existing and newly developed media or comparable media-like mass-communication or information services. The relations between the media or other providers of those services and users or consumers have also evolved. It is therefore an opportune moment to review the notion of the media, understood as certain forms of mass communication that are transmitted by means of print or broadcasting involving ethical standards and editorial responsibility.

3. Like traditional media, new providers of media-like mass-communication services also should strive to promote and respect certain fundamental values. New modes of content creation and expression as well as seeking and imparting information in a mass-communication setting reinforce but may also challenge fundamental rights and freedoms. Existing media-related standards that were developed for traditional forms of mass communication may well apply to new services and service providers. However, additional tailored guidance to member states may be necessary. Further, new service providers should be made aware of their rights and also their duties and responsibilities.

4. Public service media, having genuine editorial independence and institutional autonomy,

contribute to media diversity and help counterbalance the risk of misuse of power in a situation of strong concentration of the media and new communication services. They are therefore a fundamental component of the media landscape in our democratic societies. However, in a changing environment, public service media face major challenges which may threaten their very survival. Reflection on possible responses to these challenges should be pursued.

5. Growing numbers of people rely on the Internet as an essential tool for everyday activities

(communication, information, knowledge, commercial transactions, leisure), ultimately improving their quality of life and well-being. People therefore expect Internet services to be accessible and affordable, secure, reliable and ongoing. Access to these services also concerns the enjoyment of human rights and fundamental freedoms, as well as the exercise of democratic citizenship. Council of Europe member states might therefore explore together the follow-up to be given to the Committee of Ministers’ Recommendation CM/Rec(2007)16 on measures to promote the public service value of the Internet.

6. Media or media-like services have growing cross-border importance. The revision of the European Convention on Transfrontier Television (ETS No. 132) is a welcome Council of Europe response to the diversification of communication platforms and information services. The revision process should be completed at the earliest opportunity. A broader legal response to the need to protect the cross-border flow of media and media-like content and, more generally, Internet traffic should be explored having regard to Article 10 of the European Convention on Human Rights. Steps may also be required to ensure that critical infrastructure and resources, which are essential for people’s access to Internet services, are preserved in the public interest.

7. The question of the dignity of persons exposed to or affected by media or media-like services should be central to developing standards for those services. In this context, particular attention should be paid to children, young people and other groups with special needs or characteristics.

Access by all these groups to media and media-like services is an important matter. Gender-related issues should also be mainstreamed with regard to these services. Users should be empowered to participate actively in the new communication environments, aware of their rights and responsibilitie and adequately protected from possible harm.

8. In the interest of the required protection of the right to private life, the processing of personal data in new communication and information environments, and more particularly on the Internet, also needs to be addressed, including profiling practices.

9. There is ongoing concern about the effective implementation of Council of Europe standards on the freedom of expression and information and the freedom of the media. This implementation requires careful follow-up in the context of technological developments and market conditions. Threats derive also from crisis situations, be it terrorism, war or financial turmoil, as well as technological developments and market conditions which affect the position of journalists in information processes. There is, in particular, growing concern about the impact of terrorism, and of actions taken by member states to combat it, on those freedoms. Efforts have to be redoubled to ensure that these freedoms, underpinned by the rule of law, do not fall victim to these circumstances. Respect for Council of Europe standards on freedom of expression and information as well as freedom of the media in practice should therefore be an ongoing endeavour.

10. In light of the above, the ministers:

Agree to pursue co-operation on media and new communication services with a view to providing common responses to developments regarding the media and the provision of media-like services, in particular as regards the respect for freedom of expression and information, the right to private life and the dignity of human beings;

Adopt the resolution “Towards a new notion of media” and the corresponding action plan, and the specific resolutions on “Internet governance and critical Internet resources” and the ”Developments in anti-terrorism legislation in Council of Europe member states and their impact on freedom of expression and information” which are appended to this political declaration and request the Committee of Ministers of the Council of Europe to take steps to implement the actions mentioned in those documents;

Ask the Committee of Ministers of the Council of Europe to continue to explore ways of enhancing the respect for freedom of expression and information and freedom of media standards in practice.