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Human Rights and a Changing Media Landscape

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Human Rights and a Changing Media Landscape The media play a crucial role in the protection of human rights. They expose human Human rights rights violations and provide a space for different voices to be heard in public discourse. Free, independent and pluralistic media are a core element of any democracy. However, the power of the media can also be misused to the extent that the very functioning of democracy is threatened. Some media outlets have been turned into propaganda megaphones for those in power. Others have been used to incite xenophobic hatred and violence against minorities and other vulnerable groups. and achanging The phenomenon of social media presents us with a range of fresh challenges. Blogs, video and social networking sites have become a key forum for political debate and Human Rights writings organisation – so much so that they have been targeted by repressive measures in some states. While there is a need to ensure better protection of personal integrity in social media, the right to freedom of expression must not be undermined. The purpose of this publication is to contribute to a more thorough discussion on media developments and their impact on human rights in a constantly changing media media landscape. Eight experts contributed their personal assessments of trends and problems. They have not shied away from addressing controversial issues or providing far-reaching suggestions. Together their texts indicate that there is a need landscape for stronger protection of media freedom and freedom of expression in Europe today. These are clearly topics of paramount importance which demand serious public debate. www.coe.int The Council of Europe has 47 member states, covering virtually the entire continent Human rights and a changing of Europe. It seeks to develop common democratic and legal principles based on the European Convention on Human Rights and other reference texts on the protection Council ofEuropePublishing of individuals. Ever since it was founded in 1949, in the aftermath of the Second World media landscape War, the Council of Europe has symbolised reconciliation. Foreword by Thomas Hammarberg ISBN 978-92-871-7198-6 COMMISSIONER FOR HUMAN RIGHTS http://book.coe.int COMMISSAIRE AUX DROITS DE L'HOMME € 15/US$30 Council of Europe Publishing Human rights and a changing media landscape Contributors Thomas Hammarberg Dunja Mijatovic´ Aidan White Anders R. Olsson Miklós Haraszti Boyko Boev Barbora Bukovska Douwe Korff Ian Brown Council of Europe Publications The opinions expressed in this work are the responsibility of the authors and do not necessarily reflect the official policy of the Council of Europe. All rights reserved. No part of this publication may be translated, reproduced or transmitted, in any form or by any means, electronic (CD-Rom, Internet, etc.) or mechanical, including photocopying, recording or any information storage or retrieval system, without prior permission in writing from the Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). Cover photos: Anna Politkovskaya on CCTV, courtesy of Novaya Gazeta; megaphone, courtesy of Mary Schrider, TV-studio, © Council of Europe, photographer Sandro Weltin; newspapers, microphones, camera, social media, © Shutterstock. Cover design: Documents and Publications Production Department (SPDP), Council of Europe Layout: Jouve, Paris Council of Europe Publishing F-67075 Strasbourg Cedex http://book.coe.int ISBN 978-92-871-7198-6 © Council of Europe, December 2011 Printed at the Council of Europe Contents Foreword: Media freedom in Europe ................................7 Thomas Hammarberg, Council of Europe Commissioner for Human Rights Chapter 1: Protection of journalists from violence ....21 Dunja Mijatovic´ , OSCE Representative on Freedom of the Media Summary ....................................................................................22 Introduction ................................................................................24 Violence against journalists ..........................................................25 Legal standards relating to the protection of journalism .................32 Protection of journalists from violence ...........................................35 Conclusions .................................................................................43 Chapter 2: Ethical journalism and human rights........47 Aidan White, international media specialist Summary ....................................................................................48 Introduction .................................................................................49 Human rights standards relevant for journalism..............................50 The new media landscape and the changes for journalism .............51 Threat to free expression: legal restraints on journalism .................55 Ethical journalism – the arguments ...............................................67 Building support for rights and ethics ............................................72 Conclusions .................................................................................74 Chapter 3: Access to official documents ......................77 Anders R. Olsson, expert on transparency and public access to information Summary ....................................................................................78 Introduction .................................................................................79 | 3 The Swedish experience ...............................................................79 European Union transparency policies ...........................................92 Societal effects of transparency ....................................................94 Conclusions ...............................................................................100 Chapter 4: Media pluralism and human rights .........101 Miklós Haraszti, former OSCE Representative on Freedom of the Media Summary ..................................................................................102 Introduction ...............................................................................103 Media pluralism: theoretical, legal and historical context ..............105 Media pluralism trends in the Council of Europe region.................112 Challenge of monopolies: regulation of media ownership .............120 Further challenges: media more than just a market ......................124 Conclusions ...............................................................................132 Chapter 5: Public service media and human rights ...133 Boyko Boev, Senior Legal Officer, and Barbora Bukovska, Senior Director for Law and Policy, Article 19 Summary ..................................................................................134 Introduction ...............................................................................135 Challenges to public service media today and their impact on the free flow of information and human rights ........................139 Rights-based approach to public service media ..........................145 Initiatives to improve public service media in Europe ...................169 Recommendations and conclusions ............................................172 4 | Human rights and a changing media landscape Chapter 6: Social media and human rights................175 Douwe Korff, Professor of International Law, London Metropolitan University, and Ian Brown, Senior Research Fellow, Oxford Internet Institute, University of Oxford Summary .................................................................................176 Introduction ...............................................................................176 Measures that states use to interfere with Internet freedoms, and their limitations ....................................................................178 Applying human rights and emerging Internet governance standards to political activism and counter-measures on the Internet ...............185 Conclusions and recommendations .............................................203 Acronyms and terms ........................................................207 Contents 5 | Foreword: Media freedom in Europe The media play an enormously important role in the protection of human rights. They expose human rights violations and offer an arena for different voices to be heard in public discourse. Not without reason, the media have been called the Fourth Estate – an essential addition to the powers of the executive, the legislature and the judiciary. However, the power of the media can also be misused to the extent that the very functioning of democracy is threatened. Some media outlets have been turned into propaganda megaphones for those in power. Others have been used to incite xenophobic hatred and vio- lence against minorities and other vulnerable groups. The purpose of journalism is not to please those who hold power or to serve as the mouthpiece of governments. Journalists report, investigate and analyse, they inform us about politics, religion, celebrities, the arts, sports, revolutions and wars. They entertain and sometimes annoy us. But most important of all, they are “public watchdogs”. This role is fundamental for democracy. Free, independent and plu- ralistic media based on freedom of information and expression are a core element of any functioning democracy. Freedom of the media is also essential for the protection of all other human rights. There are many examples where the misuse of power, corruption, discrimination and even torture have come to light because of the work of
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