Freedom of Expression and the Media: Standard-Setting by the Council of Europe (II) Parliamentary Assembly
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T hemes An electronic publication series from the European Audiovisual Observatory This volume was done in collaboration with Freedom of Tarlach McGonagle, IViR Expression and the Media: Standard-setting by the Council of Europe (II) Parliamentary Assembly IRIS Themes Freedom of Expression and the Media: Standard-setting by the Council of Europe (II) Parliamentary Assembly An electronic publication series from the European Audiovisual Observatory Director of the Publication: Wolfgang Closs, Executive Director of the European Audiovisual Observatory E-mail: [email protected] Editor and Coordinator: Dr Susanne Nikoltchev, LL.M. (Florence/Italy, Ann Arbor/MI) Head of the Department for Legal Information E-mail: [email protected] Co-editor: Dr Tarlach McGonagle, IViR E-mail: [email protected] Editorial Assistant: Michelle Ganter E-mail: [email protected] Research Assistance and Formatting: Kim de Beer, IViR Cover Layout: Pointillés, Hoenheim (France) Publisher: European Audiovisual Observatory 76 Allée de la Robertsau F-67000 Strasbourg Tel.: +33 (0)3 90 21 60 00 Fax: +33 (0)3 90 21 60 19 E-mail: [email protected] www.obs.coe.int Contributing Partner Institution : Institute for Information Law (IViR) Kloveniersburgwal 48 NL-1012 CX Amsterdam Tel.: +31 (0) 20 525 34 06 Fax: +31 (0) 20 525 30 33 E-mail: [email protected] www.ivir.nl Please quote this publication as: Freedom of Expression and the Media: Standard-setting by the Council of Europe, (II) Parliamentary Assembly (Susanne Nikoltchev & Tarlach McGonagle (Eds.), European Audiovisual Observatory, Strasbourg 2011) © European Audiovisual Observatory, 2011 Opinions expressed in this publication are personal and do not necessarily represent the views of the Observatory, its members or the Council of Europe. IRIS Themes Freedom of Expression and the Media: Standard-setting by the Council of Europe (II) Parliamentary Assembly This e-book provides valuable insights into the work of the Parliamentary Assembly of the Council of Europe (PACE) on freedom of expression and the media. It summarises the many positions adopted by the PACE since June 1995 in no less than 49 official documents designed to guide the member states of the Council of Europe. It also provides direct access to each of those official documents. More precisely, this publication contains: 1. An overview of all the texts summarised, including links to the individual articles and the official texts. 2. A list of authors of the articles. 3. A general description of the role and functioning of the PACE in the context of standard-setting relating to (but not necessarily based on) Article 10 of the European Convention on Human Rights. 4. A compilation of short articles, taken from our legal database, IRIS Merlin, summarising the main elements of relevant Resolutions, Recommendations and other documents adopted by the PACE. Each article provides a link to the full text of the official document(s) it summarises. 5. A compilation of the full texts of PACE Resolutions, Recommendations, etc. (covering the period from 23 January 1970 to 12 March 2010), supplemented by the editors to include relevant texts not included in the compilation and those adopted between 12 March 2010 and 25 January 2011. This e-book is the brain-child of Tarlach McGonagle who also provided us with the introduction, the complete list of relevant texts and many of the corresponding IRIS Merlin articles as well as the list of authors. I would like to thank him for his initiative and commitment. I am also grateful to the authors of the IRIS Merlin abstracts that build the core of this e-book. Thanks are also due to Kim de Beer for her patient persistence with the numerous challenges of the formatting exercise. My thanks go finally to the colleagues of the Media, Information Society and Data Protection Division of the Council of Europe who let us use their compilation of the original texts adopted by the PACE. A sister publication focusing on the multiple principles and normative requirements adopted by the Committee of Ministers of the Council of Europe is available as IRIS Themes Freedom of Expression and the Media: Standard-setting by the Council of Europe (I) Committee of Ministers. Strasbourg, December 2011 Susanne Nikoltchev i PACE TEXTS (arranged in reverse chronological order) Please note: - Links in the second column lead directly to articles summarizing the official texts in question; links in the fifth column lead directly to the official texts proper. - To navigate back to the page you were on before clicking on a link, either use the “backward” button in your toolbar (if you have one), or else click simultaneously on <Alt> + [arrow pointing left on the right-hand-side of your keyboard]. # Text Date IRIS Comp. 2011 1 Recommendation 1950 (2011), The protection of 25 January 2011 2011-4/4 214 journalists’ sources 2010 2 Recommendation 1931 (2010), Combating sexist 25 June 2010 2010-7/103 213 stereotypes in the media 3 Resolution 1751 (2010), Combating sexist 25 June 2010 2010-7/103 210 stereotypes in the media 4 Recommendation 1924 (2010), The situation of Roma 22 June 2010 2010-10/5 209 in Europe and relevant activities of the Council of Europe 5 Resolution 1740 (2010), The situation of Roma in 22 June 2010 2010-10/5 203 Europe and relevant activities of the Council of Europe 6 Recommendation 1916 (2010), Protection of ‘whistle- 29 April 2010 2010-5/100 202 blowers’ 7 Resolution 1729 (2010), Protection of ‘whistle- 29 April 2010 2010-5/100 199 blowers’ 8 Recommendation 1915 (2010), Discrimination on the 29 April 2010 2010-10/6 197 basis of sexual orientation and gender identity 9 Resolution 1728 (2010), Discrimination on the basis of 29 April 2010 2010-10/6 192 sexual orientation and gender identity 10 Recommendation 1906 (2010), Rethinking creative 12 March 2010 2010-10/4 159 rights for the Internet age 11 Recommendation 1897 (2010), Respect for media 27 January 2010 2010-3/3 155 freedom 2009 12 Recommendation 1882 (2009), The promotion of 28 September 2009-10/3 188 Internet and online media services appropriate for 2009 minors 13 Recommendation 1878 (2009), Funding of public 25 June 2009 2009-8/3 150 service broadcasting 14 Recommendation 1855 (2009), The regulation of 27 January 2009 2009-3/2 185 audio-visual media services 2008 15 Recommendation 1848 (2008), Indicators for media in 3 October 2008 2009-1/4 149 a democracy 16 Resolution 1636 (2008), Indicators for media in a 3 October 2008 2009-1/4 145 democracy 17 Recommendation 1831 (2008), European Muslim 15 April 2008 2008-7/3 183 communities confronted with extremism 18 Resolution 1605 (2008), European Muslim 15 April 2008 2008-7/3 179 ii communities confronted with extremism 2007 19 Resolution 1577 (2007), Towards decriminalisation of 4 October 2007 2007- 141 defamation 10/104 20 Recommendation 1814 (2007), Towards 4 October 2007 2007- 144 decriminalisation of defamation 10/104 21 Recommendation 1805 (2007), Blasphemy, religious 29 June 2007 2007-8/106 137 insults and hate speech against persons on grounds of their religion 22 Recommendation 1804 (2007), State, religion, 29 June 2007 2007-8/106 133 secularity and human rights 23 Resolution 1565 (2007), How to prevent cybercrime 28 June 2007 2007-9/102 176 against state institutions in member and observer states? 24 Resolution 1563 (2007), Combating anti-Semitism in 27 June 2007 2007-8/106 173 Europe 25 Recommendation 1799 (2007), The image of women 26 June 2007 2007-9/101 132 in advertising 26 Resolution 1557 (2007), Image of women in 26 June 2007 2007-9/101 129 advertising 27 Recommendation 1783 (2007), Threats to the lives 25 January 2007 2007-5/102 125 and freedom of expression of journalists 28 Resolution 1535 (2007), Threats to the lives and 25 January 2007 2007-5/102 122 freedom of expression of journalists 2006 29 Recommendation 1773 (2006), The 2003 guidelines 17 November 2007-2/2 170 on the use of minority languages in the broadcast 2006 media and the Council of Europe standards: need to enhance cooperation and synergy with the OSCE 30 Recommendation 1768 (2006), The image of asylum- 5 October 2006 2006-10/6 118 seekers, migrants and refugees in the media 31 Resolution 1510 (2006), Freedom of expression and 28 June 2006 2006-8/2 115 respect for religious beliefs 32 Resolution 1495 (2006), Combating the resurgence of 12 April 2006 2006-5/3 167 Nazi ideology 2005 33 Recommendation 1706 (2005), Media and terrorism 20 June 2005 2005-8/3 112 34 Recommendation 1702 (2005), Freedom of the press 28 April 2005 2005-5/102 111 and the working conditions of journalists in conflict zones 35 Resolution 1438 (2005), Freedom of the press and 28 April 2005 2005-5/102 108 the working conditions of journalists in conflict zones 2004 36 Resolution 1387 (2004), Monopolisation of the 24 June 2004 2004-7/2 105 electronic media and possible abuse of power in Italy 37 Recommendation 1641 (2004), Public service 27 January 2004 2004-3/3 95 broadcasting 2003 38 Recommendation 1623 (2003), Rights of national 29 September 2004-1/6 163 minorities 2003 39 Recommendation 1589 (2003), Freedom of 28 January 2003 2003-2/1 92 expression in the media in Europe 2002 40 Recommendation 1586 (2002), The digital divide and 18 November 2003-1/102 90 education 2002 41 Recommendation 1555 (2002), The image of women 24 April 2002 2002-5/100 87 in the media 2001 iii 42 Recommendation 1543 (2001), Racism and 8 November 2002-1/3 85 xenophobia in cyberspace 2001 43 Recommendation 1506 (2001), Freedom of 24 April 2001 2003-2/1 81 expression and information