Directorate-General Internal Policies Policy Department C CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS THE INFORMATION OF THE CITIZEN IN THE EU: OBLIGATIONS FOR THE MEDIA AND THE INSTITUTIONS CONCERNING THE CITIZEN'S RIGHT TO BE FULLY AND OBJECTIVELY INFORMED STUDY ID. N°: IPOL/C/IV/2003/04/01 AUGUST 2004 PE 358.896 EN Thisstudy wasrequested by: the European Parliament'sCommittee on Civil Liberties, Justice and Home Affairs Thispaper ispublished in the following languages: EN (original) and DE Author: Deirdre Kevin, Thorsten Ader, Oliver Carsten Fueg, Eleftheria Pertzinidou, Max Schoenthal European Institute for the Media, Düsseldorf Responsible Official: Mr Jean-Louis ANTOINE-GRÉGOIRE Policy Unit Directorate C Remard 03 J016 - Brussels Tel: 42753 Fax: E-mail: [email protected] Manuscript completed in August 2004. Paper copiescan be obtained through: - E-mail: [email protected] - Site intranet: http://ipolnet.ep.parl.union.eu/ipolnet/cms/pid/438 Brussels, European Parliament, 2005 The opinionsexpressed in thisdocument are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposesare authorized, provided the source is acknowledged and the publisher isgiven prior notice and sent a copy. 2 PE 358.896 EN Table of Contents Acknowledgements 3 Abstract 4 Executive Summary 5 Part I Introduction 8 Part II: Country Reports Austria 15 Belgium 25 Cyprus 35 Czech Republic 42 Denmark 50 Estonia 58 Finland 65 France 72 Germany 81 Greece 90 Hungary 99 Ireland 106 Italy 113 Latvia 121 Lithuania 128 Luxembourg 134 Malta 141 Netherlands 146 Poland 154 Portugal 163 Slovak Republic 171 Slovenia 177 Spain 185 Sweden 194 United Kingdom 203 Part III Conclusions and Recommendations 211 Annexe 1: References and Sources of Information 253 Annexe 2: Questionnaire 263 3 PE 358.896 EN Acknowledgements The authorswish to expresstheir gratitude to the following people for their assistance in preparing this report, and itstranslation, and also those national media expertswho commented on the country reportsor helped to provide data, and to the people who responded to our questionnaire on media pluralism and national systems: Jean-LouisAntoine-Grégoire (EP) Gérard Laprat (EP) Kevin Aquilina (MT) Evelyne Lentzen (BE) Péter Bajomi-Lázár (HU) Emmanuelle Machet (FR) Maria Teresa Balostro (EP) Bernd Malzanini (DE) Andrea Beckers(DE) Roberto Mastroianni (IT) Marcel Betzel (NL) Marie McGonagle (IE) Yvonne Blanz (DE) Andris Mellakauls (LV) Johanna Boogerd-Quaak (NL) René Michalski (DE) Martin Brinnen (SE) Dunja Mijatovic (BA) Maja Cappello (IT) António Moreira Teixeira (PT) Izabella Chruslinska (PL) Erik Nordahl Svendsen (DK) Nuno Conde (PT) Vibeke G. Petersen (DK) Margaret Dean (UK) Alberto Pérez Gómez (ES) Gillian Doyle (UK) Ruth-Blandina Quinn (IE) Lisa di Feliciantonio (IT) Peter Schierbeck (SE) Sigve Gramstad (NO) Rose Sciberas(MT) Alison Harcourt (UK) Ojars Skudra (LV) John Horgan (IE) Milan Smid (CZ) Éva Horváth (HU) Solvita Štrausa (LV) Karol Jakubowicz (PL) Maaret Suomi (FI) Anita Kehre (LV) Snezana Trpevska (MK) Birute Kersiene (LT) Myria Vassiliadou (CY) Carole Kickert (LU) David Ward (UK) Beata Klimkiewicz (PL) Runar Woldt (DE) Daniel Knapp (DE) Marina Yiannikouri (CY) Bertram Konert (DE) Ognian Zlatev (BG) Tadeuz Kowalski (PL) 4 PE 358.896 EN Abstract Thisreport presentsthe final results of the study: Information of the citizen in the EU: obligations for the media and the Institutions regarding the citizen’s right to be fully and objectively informed. The report containsan analysisfrom the twenty five EU member states: Austria, Belgium, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Spain, Slovakia, Slovenia, Sweden and the United Kingdom in relation to: Freedom of expression, freedom of information, and freedom of the media Media ownership regulation Media landscape and main players Conclusionsand overview Regarding media freedom and media ownership, the project addresses two broad and interconnected areas of media development which have a major impact on the role played by broadcasters and the pressindustry in society and, more particularly, in democracy. The role of the media in a democratic system involves the provision of information about political life and policy-making and assumes a transparent system allowing accessto information. Additionally, the media are expected to provide the citizen with a range of opinion and analysisregarding politics, and with platformsfor debate on these issues. The media isalso referred to asthe ‘Fourth Estate’ in a political system whereby it is assumed that the media playsa role aswatchdog for the public regarding the conduct of political and government institutions and actors. In examining the ‘citizen’s right to be fully informed’ the report outlines how the rights to ‘freedom of expression’ and ‘freedom of information’ (and where relevant also the ‘freedom of the media’) are enshrined in national systems. The obligations of the media professionals (in terms of ethics and standards) with regard to these freedomswill be indicated through the codesof practice and systems of regulation, which are in place. The fulfilment of obligations of institutions regarding these freedomscan be expressed a) through the legal protection of these rights; and more qualitatively b) with reference to the practice of these freedomsasindicated in case law or in concrete examples. The report will outline the regulation of media ownership and the media landscapesof the twenty five countries. Authors Deirdre Kevin with Thorsten Ader Oliver Carsten Fueg Eleftheria Pertzinidou Max Schoenthal The authors in preparing this report have tried as far as possible to ensure it contains up to date and accurate information. Given the nature of the industry, it is possible that already some of the information may have changed. 4 PE 358.896 EN Executive Summary In 2003 the European Parliamentary Committee on Citizen's Freedoms and Rights, Justice and Home Affairs requested a research report to examine the: “Information of the citizen in the EU: obligations for the media and the Institutions concerning the citizen’s right to be fully and objectively informed”; and to: “verify with appropriate methodologies and statistical data to what extent the citizen fundamental right to be fully and objectively informed (art. 11 of the Charter of Fundamental Rights of the European Union) isor is not insured within the EU Member and Candidate Countries; to verify whether the power of the media and of their financing channelsare in the handsof oligopolies; and to propose appropriate remediesat EU level.” 1 Just asthe Council of Europe hashistorically based itswork in the media field on Article 10 of the European Convention of Human Rights, which deals with freedom of expression and information, the European Union now has a new impetus for action in this area with Article 11 of the Charter of Fundamental Rightsof the European Union, and of the EU Constitution, which enshrinesthe right to information and freedom of expression. The following report, based on research carried out between January and July 2004, attempts to addressthe above questionsin relation to the twenty-five European Union Member States. Thisreport examines the ‘Media,’ at least the traditional media, a fairly wide all encompassing term. The Committee’smain concern was with the citizens right to be ‘fully and objectively informed’ i.e. to receive clear objective information regarding political, economic and social issues relevant to their daily lives. Hence our concern should really be the purely ‘informational’ media. However, such media does not stand alone, or exist in a vacuum. Broadcastersinform and entertain. Publishersof newspapersare frequently publishersof entertainment periodicals. Additionally, the integration of the media implies that companiesare frequently active in printing, distribution, advertising, broadcasting and the Internet. Many of the companies presented in this report are such integrated multi-media actors. The globalisation of the media and the opening of markets additionally gives media companies the scope to diversify in new marketsand new sectors. These are of course simple premisesbut need to be borne in mind when discussing the ‘media’. The media also produce products, which have specific importance both culturally and politically for society. Given the important role that the media play in disseminating information about the economy and political actors, and of course in helping to influence opinion during election periods, it would be unwise to imagine that there isany EU Member State where political actorsdo not need friendsin the media. Equally, it is probably not realistic to expect to find a system where ‘full and objective’ information isavailable at all times regarding all issues. Hence, it isclear that there will alwaysbe links between political and media actors, as politicians rely heavily on the media to bring their message to the citizen. These linksdo of course serve to make the role of the authoritiesin regulating the media rather more complicated. It isequally not so surprising that businessand industrial actors have an immense influence on the media. Public opinion regarding their productsand services, and additionally regarding the effectsof business activities on society, working