Media revolution in Europe: ahead of the curve The “rags to riches” story of Karol Jakubowicz’s involvement in the work of the Council of Europe took him from the role of an awestruck newcomer from Poland in 1990 to that of the Chairman of the Steering Committee on the Media and New Communication Services (2005-06). Along the way, he was elected, delegated by the Steering Committee, and invited by the Council of Europe Secretariat to serve in a number of other capacities. In all of them, he contributed a wide variety of papers, reports and studies to assist the steering committee and other bodies in collecting information and formulating ideas in the general field of freedom of expression, creation of free and democratic media systems (including the issue of public service media), regulation of transfrontier television, the adjustment of Council of Europe human rights standards to the conditions of the information society, and the development of broadcasting legislation in Council of Europe member states. The present collection of these papers and reports is published in the conviction that they retain their value and relevance. It provides the additional benefit of offering a glimpse of the work preceding the formulation of Committee of Ministers recommendations and declarations, as well as resolutions of the Council of Europe Parliamentary Assembly. Dr Karol Jakubowicz worked as a journalist and executive in the Polish press, radio and television for many years. He has been Vice-President, Television, Polish Radio and Television; Chairman, Supervisory Board, Polish Television; Head of Strategic Planning and Development at Polish Television; Director, Strategy and Analysis Department, the National Broadcasting Council of Poland, the broadcasting regulatory authority. He has also taught at universities in Poland and abroad. He has been active in the Council of Europe, in part as former Chairman of the Committee of Experts on Media Concentrations and Pluralism (1995-96), Vice-Chairman and Chairman of the Standing Committee on Transfrontier Television (1995-2002), and as Chairman of the Steering Committee on the Media and New Communication Services (2005-06). www.coe.int Karol Jakubowicz The Council of Europe has 47 member states, covering virtually the entire continent of Europe. It seeks to develop common democratic and legal principles based on the European Convention on Human Rights and other reference texts Council of Europe Publishing on the protection of individuals. Ever since it was founded in 1949, in the aftermath of the Second World War, the Council of Europe has symbolised Media revolution in Europe: reconciliation. ahead of the curve ISBN 978-92-871-6939-6 http://book.coe.int €49/US$98 Council of Europe Publishing Media revolution in Europe: ahead of the curve Karol Jakubowicz Council of Europe Publishing 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 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 978-92-871-6939-6 © Council of Europe, August 2011 Printed at the Council of Europe Contents Forewords .................................................................................................................................... 5 Maud de Boer-Buquicchio Professor Dr Delia Mucica, Chair of the CDMC Introduction ............................................................................................................................... 9 Part I. Speeches .....................................................................................................................13 1. A new notion of media ..................................................................................................15 2. We need an EU with a heart, a social conscience and courage .....................21 3. Council of Europe media standards relating to press freedom in the digital era ...............................................................................................................25 Part II. Public service media look to the future ......................................................31 1. Public service broadcasting vis-à-vis the digital and online challenge .......33 2. Public service broadcasting in Europe .....................................................................45 3. Recommendation Rec(2007)3 of the Committee of Ministers to member states on the remit of public service media in the information society ......85 4. The role and future of public service media with regard to e-democracy ....95 Part III. Human rights in the information society .............................................. 115 1. Human rights and regulation of the media and new communication services in the information society ........................................................................ 117 2. Human rights and the information society: a preliminary overview ........ 135 3. Declaration CM(2005)56 of the Committee of Ministers on human rights and the rule of law in the information society................. 165 4. A new notion of media? Media and media-like content and activities on new communication services ................................................ 177 5. Draft recommendation of the Committee of Ministers to member states on a new notion of media ..................................................... 247 6. The regulation of new communication technologies and services and the extent to which it promotes pluralism ................................................. 263 3 7. Recommendation CM/Rec(2007)16 of the Committee of Ministers to member states on measures to promote the public service value of the Internet ................................................................................................................ 277 8. Comments on the draft report on access of national minorities to the media: new challenges .................................................................................. 287 Part IV. Creating and protecting democratic media systems ....................... 307 1. Post-communist central and eastern Europe: promoting the emergence of open and pluralist media systems .............. 309 2. Media concentrations and foreign media presence in central and eastern Europe .................................................................................. 315 3. Legislative guarantees of a plurality of information sources − implementation of constitutional provisions regarding mass media in a pluralistic society ................................................................................................. 373 4. Media and democracy ................................................................................................ 387 5. Media economics .......................................................................................................... 417 6. Persons belonging to national minorities and the media ............................. 455 Part V. Revision of the European Convention on Transfrontier Television ............................................................................ 483 Modernising the European Convention on Transfrontier Television .................. 485 Part VI. Legal expertise: keeping media free and democratic ..................... 523 1. Analysis and review of the “Gasparri Law” ........................................................... 525 2. Analysis and review of the “Frattini Law” ............................................................. 563 3. Analysis and review of draft law on public television and radio broadcasting in the Moscow region .................................................. 573 4. Full list of expertises and reports regarding media legislation written for the Council of Europe by Karol Jakubowicz .................................. 603 4 Foreword 1 Maud de Boer-Buquicchio, Deputy Secretary General of the Council of Europe Words matter. We sometimes need someone like Karol Jakubowicz to remind us of this and the fact that words, especially those that come at turning points in history, have a tendency to stick. Therefore, we must set our minds free to move beyond the limits that words can impose on our thinking. When the revision of the European Convention on Transfrontier Television was discussed, he wrote, in a paper on the scope of the new convention: “If the scope of the Convention is to be extended beyond television, then its title will obvi- ously have to be changed”. And indeed, the draft second protocol amending the convention suggests a new title: “Convention on Transfrontier Audiovisual Media Services”. Karol Jakubowicz promoted the change of the time-honoured expression “public service broadcasting” to “public service media” in a Committee of Ministers recommendation, so that the debate on this subject could move into the 21st century and escape from the linguistic and policy traps that the former term entailed. His proposal to change the name of the “Steering Committee on the Mass Media” to the “Steering Committee on the