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The European Parliament voted yesterday on a report regarding freedom of
expression and media
<br>pluralism which will request that the European Commission address this
issue at the European level,
<br>most likely to establish some directive which obliges member states
to protect media diversity, to
<br>have media pluralism specifications within competition law, and to
prevent the recurrence of the
<br>situation in Italy where the Prime Minister owns the main commercial
broadcaster, and as head of
<br>Government can influence the activities of the PSB (RAI). Between them,
these two channels have a 90.8%
<br>audience share (February 2004). Some of the problems in Italy have
included the management of RAI
<br>taking certain programmes off the air, i.e. ‘Il Fatto” and “Sciuscià”
or temporarily suspending the
<br>satirical programme “Raiot” on RAI3, as well as decisions like the
refusal to provide live coverage
<br>of the peace demonstration in Rome on 15 February 2003. The proposed
new media bill (Gasparri Bill)
<br>intends to abolish antitrust rules between the press and the television
sector, which in practice,
<br>due to the advertising revenues and the financial resources, it is
more likely that television companies
<br>will be investing in the press sector, rather than the other way around.
The Gasparri bill also proposes the
<br>gradual privatisation of the PSB.
<p>The EP report is partly based on a study carried out at the EIM, and
also on recommendations of the
<br>Council of Europe, European Parliament, European Federation of Journalists.
<br>The EIM expertise is now being developed as an Interim report and will
be available from the beginning
<br>of May looking at: France, Germany, Hungary, Ireland, Italy, Latvia,
Malta, the Netherlands, Poland
<br>Spain, Sweden and the UK.
<p>There is a limit to what can be achieved at the European level, given
that media ownership rules and
<br>media markets are so varied in the member states of the EU. Also, politically,
there has always been
<br>opposition to the EU acting in this area which is considered a national
competence. Not least because
<br>strong media actors at the national level play an important role in
the lives of political actors.
<p>Additionally, the European Commission (the driver of legislation) must
respond to the European
<br>Parliament request to act, but are under no obligation to prepare a
directive in this area.
<br>There will be European Parliament elections this year, and also a new
Commission will be named.
<br>It is likely that the issue will be picked up again in the new session
of the parliament.
<p><b>Press Release from European Parliament:</b>
<br><b>Citizens' Rights</b>
<p><b> Risks of violation, in the EU and especially in Italy, of freedom
of expression and information</b>
<br>
<p> Johanna BOOGERD-QUAAK
(ELDR, NL)
<br> 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)
<br> (2003/2237(INI))
<br> Doc.: A5-0230/2004
<br> Procedure :
Own-initiative
<br> Debate : 20.04.2004
<br> Vote: 22.04.2004
<p> Vote
<p>Parliament adopted today a highly controversial report on freedom of
expression and information by 237 votes in favour to 24 against with 14
abstentions. Before the vote two political groups, EPP-ED and UEN,
declared that they would not participate in protest against the voting
procedure to be followed.
<p> Before this vote MEPs rejected a request to refer the report back
to the committee by 214 to 259 against with 1 abstention.
<p> One of the controversial points of the own-initiative report
by Johanna BOOGERD-QUAAK (ELDR, NL) was the reference made to named persons.
President Pat COX ruled that references to named persons should be deleted
from the report in accordance with standard parliamentary practice.
<p> In this report Parliament stressed that a free and pluralist media
is essential to freedom of expression and information. It goes on to consider
that where Member States fail to take adequate measures the EU has a political,
moral and legal obligation to ensure within its competence that media pluralism
is respected.
<p> MEPs took the view that there are sufficient concerns to warrant
a detailed examination of the situation by the Commission, which should
be followed by appropriate legislative proposals. A preliminary study carried
out by the European Institute for the Media (EIM) showed that in each of
the eight countries examined (France, Germany, Ireland, Italy,
<br> Netherlands, Poland, Sweden and UK) there were issues which required
further investigation. The complete study by the EIM is due in June and
will contain final comparative conclusions based on the situation in all
25 Member States.
<p>As regards the situation in Member States Parliament noted inter alia
that:
<p> in France, there were several violations of press freedom
(e.g. the destruction of the print-run of a new free daily by the Unions,
and of journalists being under pressure from the police);
<br> in Ireland, there was absence of level playing field
due to the payment of VAT on Irish newspapers but no VAT on the UK newspapers,
which have approximately 25 per cent of the Irish market;
<br> in Germany, the Federal Constitutional Court found that
surveillance of telecommunications (i.e. tracing of journalists' phone
calls) did not constitute a breach of constitutional liberties as
provided for in articles of the Basic Law, which guarantee confidentiality
of information.
<br> in Poland, there are currently no provisions (and no apparent
plans to introduce provisions) in Polish media law regarding media concentration
and the protection of pluralism;
<br> in the Netherlands, there is a high level of concentration in
both television and press sectors where the three main suppliers control
at least 85 per cent of the market and that, although the Netherlands has
the highest penetration of cable TV services in Europe, this market is
also dominated by three major cable operators;
<br> in Sweden, the media is characterised by a fairly high
degree of cross-media ownership, interlocking ownership structures between
major players in the audiovisual field and cooperating agreements between
the press and broadcasting industry where companies in both sectors are
controlled by the same group; in the United Kingdom, there is intense
debate following the Hutton Report into the circumstances surrounding the
death of David Kelly, the criticism by the public-service broadcaster
of the reasons put forward by the government for the war in Iraq, the resignation
of the Director-General and the Chairman of the Board of Governors and
the potential ramifications for the practice of investigative journalism
and, separately, there is much debate concerning the review of the BBC's
Charter and Agreement, which is considered a model for other systems;
<br> In Spain, government pressure on the public service broadcaster
TVE meant that it ignored the facts regarding responsibility for the terrorist
attacks of 11 March.
<p> As regards Italy, Parliament said "there could be a risk of breaches
of the right to freedom of expression and information". Parliament noted
that "the level of concentration of the television market is currently
the highest within Europe...One of the sectors in which the conflict of
interest is most obvious is advertising". It noted "therefore,that the
Italian system presents an anomaly owing to a unique combination of economic,
political and media power in the hands of one man - the current President
of the Italian Council of Ministers".
<br> MEPs invite the Italian Parliament to "accelerate its work on
the reform of the audiovisual sector in accordance with the recommendations
of the Italian constitutional court and the President of the Republic,
taking account of the provisions in the Gasparri bill which are incompatible
with Community law, as noted by those authorities".
<br>MEPs voiced concern that the situation in Italy could arise in other
Member States if a media magnate chose to enter politics.
<p> MEPs made a number of recommendations. They called on the Commission
to draw up a directive to safeguard media pluralism in Europe. MEPs believe
protection of media diversity should become the priority of EU competition
law and the dominant position of a media company should be considered as
an obstacle to media pluralism in the EU.
<br>Legislation should be adopted at EU level to prohibit political figures
from having major economic interests in the media.
<p>In addition, an annual report on pluralism should be drawn up. The EU
Constitution should contain a provision on the need to ensure pluralism
in the media. Member States should incorporate in their constitutions an
active duty to promote respect for freedom and diversity of the media.
<p> Press enquiries:
<br> Pia Siitonen
<br> (Strasbourg)
tel.(33-3) 881 73612
<br> (Brussels)
tel.(32-2) 28 41498
<br> e-mail :
libe-press@europarl.eu.int
<br>
<br>
<p><b>Press release from EU observer</b>
<br><b>MEPs criticise Berlusconi's hold over Italian media</b>
<p> EUOBSERVER / BRUSSELS - The European Parliament today adopted
<br> a report on media freedom, which castigates Italy's Premier
Silvio
<br>Berlusconi's hold over the country's media.
<p> Approval of the report came despite manoeuvres by centre-right
MEPs to block the report.
<p> The report, which calls on the Commission to bring forward legislation
to tackle media concentration in Europe, was adopted by 237 votes to 24
with 14 abstentions.
<p>But members from the centre-right parties did not participate in the
vote.
<p> "The European Peoples Party's unprecedented decision not to participate
in the final vote on the report shows that this grand
<br> party has lost the European soul of its founders and put itself
at the service of national delegations. Silvio Berlusconi has
<br> apparently taken the EPP hostage", the co-chair of the Green
party Monica Frassoni said.
<p>Italian Forza Italia members - which form part of the EPP - and the
Union for Europe of the Nations Group, in which there
<br>are members from Alleanza Nazionale tabled most of the 338 amendments
to the report, which risked delaying the report's
<br> adoption.
<p>Although the report does not focus entirely on Italy, it places particular
emphasis on the media situation of this country.
<p>MEPs raised concerns over Silvio Berlusconi's increase in controlling
shares in the largest private television group in Italy,
<br> Mediaset.
<p> "The situation is particularly serious in Italy, but the
British people also know only too well the unhealthy control which a
<br> media mogul can exert over a country's politics and media", Liberal
leader in the European Parliament Graham Watson said.
<br>
<p> "The European Union often preaches to candidate countries and
developing countries about the importance of free media - it's
<br> time we practised what we preach at home".
<p> Press Articles Financial Times Politiken RaiNews24
Die Presse Ansa
<p>--
<br>Deirdre Kevin
<br>Project Manager
<br>European Institute for the Media
<br>Zollhof 2a, D-40221 Duesseldorf
<br>Germany / Tel: +49 211 90104 75/ Fax: +49 211 90104 56
<br><A HREF="http://www.eim.org">http://www.eim.org</A>
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