Ministers’ Deputies
CM Documents

CM(2009)94 5 June 20091
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1063 Meeting, 8 July 2009
5 Media


5.1 Steering Committee on the Media and New Communication Services (CDMC)

c. Abridged report of the 10th meeting (Reykjavik, 27 May 2009)
d. Draft terms of reference for subsidiary groups to the CDMC:

    - Committee of Experts on New Media (MC-NM)
    - Ad hoc Advisory Group on Public Service Media Governance (MC-S-PG)
    - Ad hoc Advisory Group on Cross-border Internet (MC-S-CI)
    - Ad hoc Advisory Group on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR)

Item to be prepared by the GR-H at its meeting of 18 June 2009
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The Steering Committee on the Media and New Communication Services (CDMC), chaired by Ms Delia Mucica (Romania), meeting on 27 May 2009 (see agenda at Appendix 1),

Subordinate bodies

- decided to approve the draft terms of reference of future CDMC subordinate groups on New Media (MC-NM) (Appendix 2), on Public Service Media Governance (MC-S-PG) (Appendix 3), on Cross-border Internet (MC-S-CI) (Appendix 4) and on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR) (Appendix 5) subject to certain changes and to forward them to the Committee of Ministers of the Council of Europe for adoption;

1st Council of Europe Conference of Ministers responsible for the Media and New Communication Services (Reykjavik, 28-29 May 2009)

- discussed and amended the texts to be submitted to the Conference for adoption, incorporating proposals for changes stemming from the Preparatory Forum of Civil Society, held in Paris on 5 May 2009 and from Youth Event held in Reykjavik on 26 May 2009;

Decisions of the Committee of Ministers of interest to the work of the CDMC

- agreed to adopt comments on the Recommendations of the Congress of Local and Regional Authorities of the Council of Europe 261 (2009) on intercultural cities and 263 (2009) on the digital divide and e-inclusion in the region by e-mail exchange after the meeting in order to meet the due by date of 15 June set by the Committee of Ministers.

Appendix 1

Agenda

1) Opening of the meeting

2) Adoption of the agenda

3) Decisions of the Committee of Ministers of interest to the work of the CDMC

4) 1st Council of Europe Conference of Ministers responsible for Media and New Communication Services “A New Notion of Media?” (Reykjavik, 28-29 May 2009)

5) CDMC subordinate bodies

6) Items to be included in the draft agenda for the 11th CDMC meeting (20-23 October 2009)

7) Dates of the next meetings

8) Administrative and budgetary matters

9) Other business

10) Abridged report

Appendix 2

Draft terms of reference of the Committee of Experts on New Media (MC-NM)

Fact-sheet

Name of Committee:

Committee of Experts on New Media (MC-NM)

Compliance with
Resolution Res(2005)47:

YES

Programme of Activities: project(s)

Project 2008/DGHL/1415 “Standard-setting and policy assistance on topical issues concerning the media and new communication services”

Project relevance:

1. The Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), notably chapter I.3. “Strengthening democracy, good governance and the rule of law in member states”

2. The Statute of the Council of Europe (1949, ETS No. 1) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

Political framework:

The Resolution “Towards a new notion of media” and the corresponding Action Plan adopted at the 1st Conference of Ministers in charge of the Media and New Communication Services (Reykjavik, 28-29 May 2009).

Project added value:

Through the work of the MC-NM, a body reporting to the Council of Europe Steering Committee on Media and New Communication Services (CDMC), the CoE will draft the first policy document reviewing the notion of media to include relevant new media and media-like mass communication services and service providers.

The Council of Europe will be the best-placed organisation to examine how Council of Europe standards that were developed having traditional forms of mass communication in mind apply to new media-like services or service providers with the aim of protecting fundamental rights.

The mandate of the Committee builds on work carried out by the CDMC and its subordinate bodies on standard-setting in the field of media and new communication services.

Financial information:

The MC-NM will be composed of 15 members whose costs related to participation in meetings of the Group will be reimbursed by the Council of Europe. The full Committee will meet two times a year and an additional working meeting for up to 8 members will be organised once a year.

The cost per year of the MC-NM will be approximately €51 350 = €38 600 (travel and subsistence for members participating in meetings) + €9 750 (interpretation) + €2 000 (translation) + €1 000 (production of documents)

Draft terms of reference of the Committee of Experts on New Media (MC-NM)

1.

Name of Committee:

Committee of Experts on New Media (MC-NM)

2.

Type of Committee:

Committee of Experts

3.

Source of terms of reference:

Committee of Ministers, upon the proposal of the Steering Committee on the Media and New Communication Services (CDMC)

4.

Terms of reference:

 

Having regard to:

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005; CM(2005)80 final 17 May 2005), in particular chapter I.3. “Strengthening democracy, good governance and the rule of law in member states”;

Resolution “Towards a new notion of media” and the corresponding Action Plan to be adopted at the 1st Council of Europe Conference of Ministers responsible for Media and New Communication Services (Reykjavik, 28-29 May 2009);

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 5), its additional protocols and the case-law of the European Court of Human Rights.

 

Under the authority of the Steering Committee on the Media and New Communication Services (CDMC) and in relation to the implementation of Project 2008/DGHL/1415 “Standard-setting and policy assistance on topical issues concerning the media and new communication services”, the Committee is instructed to:

i.

examine whether the understanding of what are media and mass communication services remains valid in the new information and communications environment. If appropriate, elaborate a policy document reviewing the concept itself to include relevant new media and media-like mass communication services and service providers. Explore whether and, if so, how Council of Europe standards that were developed for traditional forms of mass communication, apply to the new services or service providers. Particular regard should be paid to the need for and the modalities (e.g. self-regulation, co-regulation or regulation) of regulatory activities required to ensure respect for Council of Europe values in the framework of new media and media-like mass communication services;

ii.

explore the challenges to individual’s (in particular, children and young people) rights to freedom of expression and information, privacy and other fundamental rights, as well as to their dignity and security on the Internet. Address in particular, the following issues: possibilities of removal of content children create or place on the Internet, the effect of newer or emerging modes of mass dissemination of, and access to, content, and the associated retention, processing and exploitation of data have on the rights protected under Article 10 of the European Convention on Human Rights;

in consultation with relevant stakeholders, develop appropriate guidance, benchmarks and tools to protect users’ rights.

iii.

examine the draft texts prepared by the Ad hoc Advisory Groups reporting to the CDMC with a view to elaborate on them before, if deemed appropriate before submitting them to it.

5.

Composition of the Committee:

5.A

Members

 

Governments of member states are entitled to appoint representatives and/or independent experts in new media and information society, in particular, on rights and responsibilities of new communication services and regulation in new communication environments. As regards meetings of the Committee, the Council of Europe budget will bear the travel and subsistence expenses of the 15 members appointed by the following member states: Austria, Bulgaria, Estonia, France, Germany, Lithuania, Netherlands, Norway, Poland, Spain, Russian Federation, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.

Representatives and/or independent experts appointed by other member states may participate in the meetings of the Committee at the expense of these states.

Each member state participating in the meetings of the Committee has the right to vote. If a government designates more than one member, only one of them is entitled to take part in the voting.

5.B

Participants

 

The Conference of INGOs of the Council of Europe may send representatives to meetings of the Committee, without the right to vote and at the expense of the body that they represent.

5.C

Other participants

 

The European Commission may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

5.D.

Observers

 

The following non-governmental organisations may send representatives to meetings of the Group, without the right to vote or defrayal of expenses:

- Association of Commercial Television in Europe (ACT),
- European Broadcasting Union (EBU),
- European Federation of Journalists (EFJ),
- European Internet Co-Regulatory Network,
- European Newspaper Publishers’ Association (ENPA).

6.

Working methods and structures:

 

In order to carry out its tasks, the Committee may, where necessary, within the limits of available budgetary appropriations, seek advice of external experts, have recourse to consultants and consult with relevant non-governmental organisations and other members of civil society, as well as other pertinent bodies.

The MC-NM is entitled to invite other participants and/or observers to meetings of the Committee, without the right to vote or defrayal of expenses. The MC-NM will have to request the necessary authorisation from the CDMC for the admission of observers (other than those already identified in the terms of Reference).

7.

Duration:

These terms of reference will expire on 31 December 2010.

Appendix 3

Draft terms of reference of the Ad hoc Advisory Group on Public Service Media Governance
(MC-S-PG)

Fact-sheet

Name of Committee:

Ad hoc Advisory Group on Public Service Media Governance (MC-S-PG)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

Project 2008/DGHL/1415 “Standard-setting and policy assistance on topical issues concerning the media and new communication services”

Project relevance:

1. The Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), notably chapter I.3. “Strengthening democracy, good governance and the rule of law in member states”.

2. The Statute of the Council of Europe (1949, ETS No. 1) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

3. Recommendation Rec(2007)3 of the Committee of Ministers to member states on the remit of public service media in the information society, adopted on 31 January 2007.

Political framework:

The Resolution on “Towards a new notion of media” and the corresponding Action Plan adopted at the 1st Conference of Ministers responsible for Media and New Communication Services (Reykjavik, 28-29 May 2009).

Project added value:

The MC-S-PG will prepare a major and innovative policy document on new governance models to ensure the continued effectiveness and independence of public service media.

The work of the MC-S-PG, which will be reporting to the Steering Committee on the Media and New Communication Services (CDMC), will be based on past instruments developed by the CDMC and its subordinate bodies on ensuring the effectiveness and independence of public service media.

Financial information:

The MC-S-PG will be composed of 8 members whose costs related to meetings of the Group will be reimbursed by the Council of Europe. The Group will meet twice a year.

The cost per year of the MC-S-PG will be approximately €25 200 = €14 400 (travel and subsistence for members participating in meetings) + €7 800 (interpretation) + €2 000 (translation) + €1 000 (production of documents)

Draft terms of reference of the Ad hoc Advisory Group on Public Service Media Governance
(MC-S-PG)

1.

Name of Committee:

Ad hoc Advisory Group on Public Service Media Governance (MC-S-PG)

2.

Type of Committee:

Ad hoc Advisory Group

3.

Source of terms of reference:

Committee of Ministers, upon the proposal of the Steering Committee on the Media and New Communication Services (CDMC)

4.

Terms of reference:

 

Having regard to:

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005; CM(2005)80 final 17 May 2005), in particular chapter I.3. “Strengthening democracy, good governance and the rule of law in member states”;

Resolution “Towards a new notion of media” and the corresponding Action Plan to be adopted at the 1st Council of Europe Conference of Ministers responsible for Media and New Communication Services (Reykjavik, 28-29 May 2009);

Recommendation Rec(2007)3 of the Committee of Ministers to member states on the remit of public service media in the information society, adopted on 31 January 2007;

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 5), its additional protocols and the case-law of the European Court of Human Rights.

 

Under the authority of the Steering Committee on the Media and New Communication Services (CDMC) and in relation to the implementation of Project 2008/DGHL/1415 “Standard-setting and policy assistance on topical issues concerning the media and new communication services”, the Group is instructed to:

i.

pursue work on the role of public service media in a democratic society. In particular, examine modalities for public delivery to the widest possible public, including young audiences, of trustworthy, diverse and pluralistic media and media-like services, paying attention to the way in which information and media or media-like services are sought and received and challenges to obtaining quality or trustworthy content. To this end, elaborate, if appropriate, on a policy document exploring governance approaches that could contribute to fulfilling public service media’s remit. This should include reflections on other (organisational, financial and technical) features of the public service provision of media and media-like services.

5.

Composition of the Group:

5.A

Members

 

The Group shall be composed of eight specialists on public service media, on participation and on governance matters and management, appointed by the Secretary General. The Council of Europe budget will bear their travel and subsistence expenses incurred in connection with their participation in meetings of the Group.

5.B

Participants

i.

The European Audiovisual Observatory may send a representative to meetings of the Group, without the right to vote or defrayal of expenses.

ii.

The Conference of INGOs of the Council of Europe may send representatives to meetings of the Group, without the right to vote and at the expense of the body that they represent.

5.C

Other participants

 

The European Commission may send a representative to meetings of the Group, without the right to vote or defrayal of expenses.

5.D

Observers

 

The following non-governmental organisations may send a representative to meetings of the Group, without the right to vote or defrayal of expenses:

- Association of Commercial Television in Europe (ACT),
- European Association for the Viewers Interests (EAVI),
- European Broadcasting Union (EBU),
- European Newspaper Publishers’ Association (ENPA).

6.

Working methods and structures:

 

In order to carry out its tasks, the Group may, where necessary, within the limits of available budgetary appropriations, seek advice of external experts, have recourse to consultants and consult with relevant governmental and/or non-governmental organisations and other members of civil society, as well as other pertinent bodies.

The MC-S-PG is entitled to invite other participants and/or observers to meetings of the Group, without the right to vote or defrayal of expenses. Member states may be able to designate representatives to attend and present their position at meetings, without the right to vote or defrayal of expenses. The MC-S-PG will have to request the necessary authorisation from the CDMC for the admission of observers (other than those already identified in the terms of Reference).

7.

Duration:

 

These terms of reference will expire on 31 December 2010.

Appendix 4

Draft terms of reference of the Ad hoc Advisory Group on Cross-border Internet (MC-S-CI)

Fact-sheet

Name of Committee:

Ad hoc Advisory Group on Cross-border Internet (MC-S-CI)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

Project 2008/DGHL/1415 “Standard-setting and policy assistance on topical issues concerning the media and new communication services”

Project relevance:

1. The Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), notably chapter I.3. “Strengthening democracy, good governance and the rule of law in member states”.

2. The Statute of the Council of Europe (1949, ETS No. 1) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

3. Recommendation CM/Rec(2007)16 of the Committee of Ministers to member states on measures to promote the public service value of the Internet, adopted on 7 November 2007;

Political framework:

Resolution on Internet governance and critical Internet resources adopted at the 1st Conference of Ministers responsible for Media and New Communication Services (Reykjavik, 28-29 May 2009).

Project added value:

The MC-S-CI, will elaborate the first international law instruments that protect critical Internet resources and the cross-border flow of Internet traffic.

Financial information:

The MC-S-CI will be composed of 5 members whose costs related to participation in meetings of the Group will be reimbursed by the Council of Europe. The Group will meet twice a year.

The cost per year of the MC-S-CI will be approximately €19 000 = €8 200 (travel and subsistence for members participating in meetings) + €7 800 (interpretation) + €2 000 (translation) + €1 000 (production of documents).

Draft terms of reference of the Ad hoc Advisory Group on Cross-border Internet (MC-S-CI)

1.

Name of Committee:

Ad hoc Advisory Group on Cross-border Internet (MC-S-CI)

2.

Type of Committee:

Ad hoc Advisory Group

3.

Source of terms of reference:

Committee of Ministers, upon the proposal of the Steering Committee on the Media and New Communication Services (CDMC)

4.

Terms of reference:

 

Having regard to:

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005; CM(2005)80 final 17 May 2005), in particular chapter I.3. “Strengthening democracy, good governance and the rule of law in member states”;

Resolution on Internet governance and critical Internet resources to be adopted at the 1st Council of Europe Conference of Ministers responsible for Media and New Communication Services (Reykjavik, 28-29 May 2009);

Recommendation CM/Rec(2007)16 of the Committee of Ministers to member states on measures to promote the public service value of the Internet, adopted on 7 November 2007;

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 5), its additional protocols and the case-law of the European Court of Human Rights.

 

Under the authority of the Steering Committee on the Media and New Communication Services (CDMC) and in relation to the implementation of Project 2008/DGHL/1415 “Standard-setting and policy assistance on topical issues concerning the media and new communication services”, the Group is instructed to:

i.

examine the shared or mutual responsibilities of states in ensuring that critical Internet resources are managed in the public interest and as a public asset, ensuring delivery of the public service value to which all persons under their jurisdiction are entitled. Make proposals, in particular, relating to the prevention and management of events, including malicious acts, falling within member states’ jurisdictions or territories, which could block or significantly impede Internet access to or within fellow-members of the international community with the objective of guaranteeing the ongoing functioning and universal nature and integrity of the Internet;

ii.

explore the feasibility of drafting an instrument designed to preserve or reinforce the protection of cross-border flow of Internet traffic openness and neutrality.

5.

Composition of the Group:

5.A

Members

 

The Group shall be composed of five specialists in international law and internet governance, to be appointed by the Secretary General. The Council of Europe budget will bear their travel and subsistence expenses incurred in connection with their participation in meetings of the Group.

6.

Working methods and structures:

 

In order to carry out its tasks, the Group may, where necessary, within the limits of available budgetary appropriations, seek advice of external experts, have recourse to consultants and consult with relevant governmental and/or non-governmental organisations and other members of civil society, as well as other pertinent bodies.

The MC-S-CI is entitled to invite other participants and/or observers to meetings of the Group, without the right to vote or defrayal of expenses. Member states may be able to designate representatives to attend and present their position at meetings, without the right to vote or defrayal of expenses. The MC-S-CI will have to request the necessary authorisation from the CDMC for the admission of observers.

7.

Duration:

 

These terms of reference will expire on 31 December 2010.

Appendix 5

Draft terms of reference of the Ad hoc Advisory Group on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR)

Fact-sheet

Name of Committee:

Ad hoc Advisory Group on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR)

Compliance with Resolution Res 2005)47:

YES

Programme of Activities: project(s)

Project 2008/DGHL/1415 “Standard-setting and policy assistance on topical issues concerning the media and new communication services”

Project relevance:

1. The Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), notably chapter I.3. “Strengthening democracy, good governance and the rule of law in member states”

2. The Statute of the Council of Europe (1949, ETS No. 1) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

3. Decision No. CM/875/20022008 adopted by the Ministers’ Deputies on 20 February 2008 at their 1018th meeting on Ad hoc terms of reference for the Steering Committee on the Media and New Communication Services (CDMC) on the protection of the neighbouring rights of broadcasting organisations

Project added value:

The Group will establish the first international law instrument on the protection of neighbouring rights of broadcasting organisations.

The MC-S-NR, which will be reporting to the Steering Committee on the Media and New Communication Services (CDMC), will follow-up work started by the CDMC on the implementation of Decision No. CM/875/20022008.

Financial information:

The MC-S-NR will be composed of 5 members whose costs related to the meetings of the Group will be reimbursed by the Council of Europe. The Group will meet twice a year.

The cost per year of the MC-S-NR will be approximately €19 000 = €8 200 (travel and subsistence for members participating in meetings) + €7 800 (interpretation) + €2 000 (translation) + €1 000 (production of documents).

Draft terms of reference of the Ad hoc Advisory Group on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR)

1.

Name of Committee:

Ad hoc Advisory Group on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR)

2.

Type of Committee:

Ad hoc Advisory Group

3.

Source of terms of reference:

Committee of Ministers, upon the proposal of the Steering Committee on the Media and New Communication Services (CDMC)

4.

Terms of reference:

 

Having regard to:

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005; CM(2005)80 final 17 May 2005), in particular chapter I.3. “Strengthening democracy, good governance and the rule of law in member states”;

Decision No. CM/875/20022008 adopted by the Ministers’ Deputies on 20 February 2008 at their 1018th meeting on Ad hoc terms of reference for the Steering Committee on the Media and New Communication Services (CDMC) on the protection of the neighbouring rights of broadcasting organisations;

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 5), its additional protocols and the case-law of the European Court of Human Rights.

 

Under the authority of the Steering Committee on the Media and New Communication Services (CDMC) and in relation with the implementation of Project 2008/DGHL/1415 “Standard-setting and policy assistance on topical issues concerning the media and new communication services”, the Group is instructed to:

i.

pursue work on the protection of neighbouring rights of broadcasting organisations and, if the requisite conditions are met, submit a draft convention on the subject.

5.

Composition of the Group:

5.A

Members

 

The Group shall be composed of five specialists in intellectual property law, to be appointed by the Secretary General. The Council of Europe budget will bear their travel and subsistence expenses incurred in connection with their participation in meetings of the Group.

5.B

Other participants

 

The European Commission may send a representative to meetings of the Group, without the right to vote or defrayal of expenses.

5.C

Observers

 

The following bodies and intergovernmental organisations may send a representative to meetings of the Group without the right to vote or defrayal of expenses:

- Association of Commercial Television in Europe (ACT),
- World Intellectual Property Organisation (WIPO),
- European Broadcasting Union (EBU).

6.

Working methods and structures:

 

In order to carry out its tasks, the Group may, where necessary, within the limits of available budgetary appropriations, seek advice of external experts, have recourse to consultants and consult with relevant governmental and/or non-governmental organisations and other members of civil society, as well as other pertinent bodies.

The MC-S-NR is entitled to invite other participants and/or observers to meetings of the Group, without the right to vote or defrayal of expenses. Member states may be able to designate representatives to attend and present their position at meetings, without the right to vote or defrayal of expenses. The MC-S-NR will have to request the necessary authorisation from the CDMC for the admission of observers (other than those already identified in the terms of reference).

7.

Duration:

 

These terms of reference will expire on 31 December 2010.

1 This document has been classified restricted until examination by the Committee of Ministers.


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