FC: Council of Europe on May 14 debates limiting media, speech

From: Declan McCullagh (declanat_private)
Date: Tue Apr 23 2002 - 22:12:06 PDT

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    On May 14, the Council of Europe (the U.S. is a non-voting member) will 
    debate limiting freedom of expression when it comes to terrorism. The 
    suggestions are phrased in the form of questions, but it's pretty clear 
    where whomever drafted them is going.
    
    The text of the questions is here (and reproduced below):
    http://www.humanrights.coe.int/media/events/2002/QuestionnaireCDMM(E).rtf
    
    Background on the Council of Europe:
    http://www.politechbot.com/p-03159.html
    
    -Declan
    
    ---
    
    Questions concerning freedom of expression and information and terrorism
    to be debated during the hearing to be held by the CDMM
    on 14 May 2002
    
    
    I. 	Scope and limits of freedom of expression
    
    A. Freedom of expression of persons suspected, accused or convicted of 
    terrorism
    
    1.	What limitations on freedom of expression of persons suspected, accused 
    or convicted of terrorism may be justified?
    
    B. Freedom and responsibilities of the media and the right of the public to 
    be informed
    
    The following questions may call for different answers depending on the 
    nature of the media, its form or readership/audience. Furthermore, the CDMM 
    is interested in discussing these questions from the point of view of both 
    State regulation and self-regulation by the media.
    
    1.	What limitations on the rights of the media or what specific obligations 
    for the media may be justified concerning:
    
    (i)	the dissemination of statements from suspected or convicted terrorists,
    (ii)	access to areas where terrorist acts have taken place or where police 
    or military personnel is active in combating terrorism,
    (iii)	the publication/broadcasting of images of terrorist acts or of the 
    results of these acts,
    (iv)	reports on measures to fight terrorism,
    (v)	the disclosure of journalists' sources of information about terrorist 
    activities.
    
    2.	Do the media have specific obligations concerning respect for the 
    presumption of innocence of persons suspected or accused of terrorism?
    
    3.	Do the media have a duty to be impartial when covering/reporting on acts 
    of terrorism?
    
    II. 	Obligations of public authorities
    
    1.	To what extent can it be justified for public authorities to withhold 
    information, or even present deliberately false information, in order to 
    fight terrorism?  Under what possible control and by whom?
    
    2.	How can the public authorities best fulfil their obligation to protect 
    media professionals from being the victim of terrorist acts and to 
    investigate and bring to justice the authors of such acts?
    
    III. 	How to promote active contribution by the media to intercultural and 
    inter-religious dialogue?
    
    1.	Terrorist violence often arises from the perception (real or supposed) 
    that the community is a victim of injustice from a more powerful enemy. Do 
    the media have the responsibility to expose and, as appropriate, dismiss 
    such perceptions and to counteract prejudices, and how can they best 
    achieve this objective?
    
    2.	How can or should the media play an active role in increasing 
    understanding between different ethnic or religious groups and thus in 
    preventing violent clashes and terrorism? Does television have a specific 
    role to play in this respect?  Can/should public authorities 
    support/encourage such initiatives and in the affirmative, how?
    
    3.	Are there concrete examples of self-regulatory initiatives by the media 
    in order to promote better understanding between different ethnic or 
    religious groups?
    
    4.	How to avoid media professionals (journalists, editors, etc.) being 
    influenced by ethnic, religious or other prejudices when reporting on 
    terrorism and related events?
    
    IV. 	Possible action by the Council of Europe
    
    1. 	What, in your opinion, could or should the Council of Europe do 
    regarding the above questions?
    
    ###
    
    ---
    
    From: Paul Mobbs <mobbseyat_private>
    To: ir-lat_private, apc-euroir-wsat_private
    Date: Mon, 22 Apr 2002 21:03:07 +0100
    X-Mailer: KMail [version 1.2]
    Cc: declanat_private
    Subject: Council of Europe: Expression, Terrorism & Freedom of 
    Communication on Net
    
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    Hi all,
    
    Some interesting info from Council of Europe... espacially Draft Declaration
    on freedom of communication on the Internet
    
    http://www.humanrights.coe.int/media/
    
    
    
    
    Hearing on freedom of expression and terrorism
    
    (10/04/02) The Council of Europe Steering Committee on the Mass Media (CDMM)
    has decided to organise a hearing on media and terrorism on 14 May 2002. The
    objective is to examine whether any policy or other initiative should be
    taken by the Council of Europe in this specific area in order to ensure
    respect for Article 10 of the European Convention on Human Rights.
    
    For this purpose, the CDMM has prepared a list of questions (EN / FR), which
    is being circulated to a large number of interested organisations from the
    media and other relevant sectors.
    
    
    Draft Declaration on freedom of communication on the Internet
    
      (09/04/2002) The Group of Specialists on on-line services and democracy has
    decided to invite the public to comment on a draft Declaration on freedom of
    communication on the Internet (EN /  FR). Please send your comments to the
    Media Division by 1 May 2002.
    
    
    
    Charter to protect journalists working in dangerous conditions
    
      (14/03/2002) Reporters Without Borders (RSF) published today a Charter for
    the Safety of Journalists Working in War Zones or Dangerous Areas aimed at
    averting or at least reducing the risks that war reporters run in the course
    of their work. The press freedom organisation is asking editors to adopt it
    and observe it. The Charter is downloadable from the RSF website.
    
    
    <SNIP>
    
    
    - --
    - -------------------
    
    "We are not for names, nor men, nor titles of Government, nor are we for
    this party nor against the other but we are for justice and mercy and
    truth and peace and true freedom, that these may be exalted in our nation,
    and that goodness, righteousness, meekness, temperance, peace and unity
    with God, and with one another, that these things may abound."
    (Edward Burroughs, 1659 - from 'Quaker Faith and Practice')
    
    
    Paul Mobbs, Mobbs' Environmental Investigations,
    3 Grosvenor Road, Banbury OX16 5HN, England
    tel./fax (+44/0)1295 261864
    
    email - mobbseyat_private
    website - http://www.fraw.org.uk/mobbsey.html
    public key - http://www.fraw.org.uk/keylist.html
    
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