Final report of the study on “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” Prepared on behalf of the European Parliament by the European Institute for the Media Düsseldorf, 31 August 2004 Deirdre Kevin, Thorsten Ader, Oliver Carsten Fueg, Eleftheria Pertzinidou, Max Schoenthal 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 2 Acknowledgements The authors wish to express their gratitude to the following people for their assistance in preparing this report, and its translation, and also those national media experts who commented on the country reports or helped to provide data, and to the people who responded to our questionnaire on media pluralism and national systems: Jean-Louis Antoine-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) 3 Abstract This report presents the 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 contains an analysis from 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 § Conclusions and 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 press industry 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 access to information. Additionally, the media are expected to provide the citizen with a range of opinion and analysis regarding politics, and with platforms for debate on these issues. The media is also referred to as the ‘Fourth Estate’ in a political system whereby it is assumed that the media plays a role as watchdog 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 freedoms will be indicated through the codes of practice and systems of regulation, which are in place. The fulfilment of obligations of institutions regarding these freedoms can be expressed a) through the legal protection of these rights; and more qualitatively b) with reference to the practice of these freedoms as indicated in case law or in concrete examples. The report will outline the regulation of media ownership and the media landscapes of 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 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) is or is not insured within the EU Member and Candidate Countries; to verify whether the power of the media and of their financing channels are in the hands of oligopolies; and to propose appropriate remedies at EU level.”1 Just as the Council of Europe has historically based its work 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 Rights of the European Union, and of the EU Constitution, which enshrines the right to information and freedom of expression. The following report, based on research carried out between January and July 2004, attempts to address the above questions in relation to the twenty-five European Union Member States. This report examines the ‘Media,’ at least the traditional media, a fairly wide all encompassing term. The Committee’s main 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. Broadcasters inform and entertain. Publishers of newspapers are frequently publishers of entertainment periodicals. Additionally, the integration of the media implies that companies are 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 markets and new sectors. These are of course simple premises but 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 is any EU Member State where political actors do not need friends in the media. Equally, it is probably not realistic to expect to find a system where ‘full and objective’ information is available at all times regarding all issues. Hence, it is clear that there will always be links between political and media actors, as politicians rely heavily on the media to bring their message to the citizen. These links do of course serve to make the role of the authorities in regulating the media rather more complicated. It is equally not so surprising that business and industrial actors have an immense influence on the media. Public opinion regarding their products and services, and additionally regarding the effects of business activities on society, working conditions and the environment are vital to the world of business. They pay for the advertising that allows the media to function, they attempt to influence content through public relations and ‘spin’, and of course they buy in slowly, or rapidly, to media outlets in order to have greater influence (or at least some influence) on content and strategy. 1 Findings were used as data for the Report on the risks of violation, in the EU and especially in Italy, of freedom of expression and information (Article 11(2) of the Charter of Fundamental Rights)2003/2237(INI)) Committee on Citizens' Freedoms and Rights, Justice and Home Affairs Rapporteur: Johanna L.A. Boogerd-Quaak 5 Despite this, there is sufficient concern regarding the impact of ownership and concentration to warrant continuous examination, and discussion of these issues. As Sigve Gramstad (2003:11) points out: “The free and independent position of the media is never won permanently, neither is media pluralism. Efforts will always be made to exploit the media for personal or political purposes, to create media monopolies in order to raise profits, to concentrate content to what sells the best or to sweeten, change or ignore content to favour the owners, the authorities, the sources or others. The struggle to make favourable conditions for freedom of expression and information is therefore an important and never-ending story in all societies. Positive results are vital to the maintenance and development of our democracies.” It is also important to bear in mind that the production of media, particularly audiovisual media is an expensive task.