Resolution Developments in anti-terrorism legislation in Council of Europe member states and their impact on freedom of expression and information adopted by the 1st Council of Europe Conference of Ministers responsible for Media and New Communication Services A new notion of media? (28 and 29 May 2009, Reykjavik, Iceland)
Resolution Developments in anti-terrorism legislation in Council of Europe member states
and their impact on freedom of expression and information adopted by the 1st Council of Europe Conference of Ministers responsible for Media and New Communication Services
A new notion of media?
(28 and 29 May 2009, Reykjavik, Iceland)
The ministers of states participating in the 1st Council of Europe Conference of Ministers responsible for Media and New Communication Services, held in Reykjavik on 28 and 29 May 2009, adopt the following resolution:
1. Terrorism has a devastating effect on the enjoyment of human rights. This is true for the right to life, but also for other fundamental rights and freedoms that Council of Europe member states have undertaken to protect. Terrorism is not only a threat to the individual but also poses considerable threats to the state, democracy and the rule of law.
2. Freedom of expression and information risk falling victim to terrorism, due to a climate of fear that terrorism can create or as a side effect of anti-terrorism legislation or measures. This would be a double success for the terrorists. The freedom of expression and information is, on the one hand, an essential part of the values that terrorism seeks to destroy and, on the other, indispensable to fighting terrorism effectively.
3. People have a right to be informed of terrorist attacks and of the authorities’ action to combat terrorism. However, there are cases where it is inappropriate for the media to disseminate – or disseminate immediately – particular information in order to prevent terrorist acts or to protect the safety of victims or in the interests of an ongoing investigation or to protect the administration of justice. This calls for the observance of professional standards and responsibilities. However, the mere fact of reporting on terrorism cannot be equated to supporting terrorism. It is also legitimate to engage in open dialogue and public debate about the causes of terrorism or about political issues surrounding it.
4. The Committee of Ministers of the Council of Europe has adopted important standard-setting texts designed to assist member states in this respect, including: Guidelines on human rights and the fight against terrorism (11 July 2002); Declaration on freedom of expression and information in the media in the context of the fight against terrorism (2 March 2005); Guidelines on protecting freedom of expression and information in times of crisis (26 September 2007).
5. Any interference with the freedom of expression and information must be prescribed by law and be a proportionate response to a pressing social need related to the limited exceptions set out in Article 10 of the European Convention on Human Rights, as interpreted by the European Court of Human Rights.
6. However, concerns have been raised that, in some cases, anti-terrorism legislation restricting freedom of expression and information is too broad, fails to define clear limits to authorities’ interference or lacks sufficient procedural guarantees to prevent abuse.
7. Concerns have also been raised about undue restrictions on media professionals’ access to
information, interference with their rights to privacy (including home and professional premises) and communications, and the protection of journalistic sources. There have also been concerns about what may be undue limits on the media reporting, commenting and giving opinions about proscribed organisations. Such restrictions could have an adverse effect on the exercise of the right to freedom of expression and information.
8. It has been alleged that restrictions are sometimes also applied under anti-terrorist pretences
without a legal basis in line with Council of Europe standards. Accession to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196), which prescribes the criminalisation of certain acts, and its appropriate application with particular regard to the provisions of Article 12, should help member states avoid these risks.
9. Given that news is a perishable commodity, it is claimed that legal remedies for abuses are
often inadequate or not timely where media or media professionals are concerned.
10. We therefore:
Reiterate our commitment to the right to freedom of expression and information as defined by
Article 10 of the European Convention on Human Rights and the relevant case law of the European Court of Human Rights;
Resolve to pursue and redouble co-operation and efforts to protect effectively, in law and in practice, the right to freedom of expression and information while vigorously combating terrorism;
Resolve to review our national legislation and/or practice on a regular basis to ensure that any impact of anti-terrorism measures on the right to freedom of expression and information is consistent with Council of Europe standards, with a particular emphasis on the case law of the European Court of Human Rights1;
Underline the importance of judicial authorities and law-enforcement officials involved in implementing anti-terrorism measures being trained in these Council of Europe standards;
Ask the Council of Europe to assist, when requested, member states to implement the policies
recommended above;
Encourage the media to train its staff on their rights and responsibilities according to national antiterrorism legislation and Council of Europe standards on freedom of expression and information.
1 The Delegation of the Russian Federation made a reservation in respect of this paragraph. It indicated that the subject matter dealt with in it does not fall entirely under the competence of the authorities of the Russian Federation responsible for media and mass communication.
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