CIO.GAL/144/12 22 October 2012 RESTRICTED ENGLISH only

(DRAFT) MINISTERIAL COUNCIL DECISION ON STRENGTHENING MEDIA FREEDOM IN THE OSCE

The Ministerial Council, Reaffirming that independent and pluralistic media is essential to a free and open society and accountable systems of government, stressing the importance of the free flow of information as well as the public’s access to information, and the need to take all necessary steps to ensure the basic conditions for free and independent media and reaffirming that participating States should take action to ensure that the Internet remains an open and public forum for freedom of opinion and expression, Recalling that the exercise of the right to freedom of expression, including the freedom to hold opinions and to receive and impart information without interference by public authority and regardless of frontiers, may be subject only to such restrictions as are prescribed by law and are consistent with OSCE and other international standards, Reaffirming the participating States’ commitment to condemn all attacks on and harassment of journalists and to endeavour to hold those responsible for such attacks and harassment accountable, Recognizing that the Internet is an important medium for the exercise and advancement of human rights and democratic participation, [new pp] Welcoming the new technologies that have introduced new means of reporting on news and events, and emphasising the important role ordinary citizens can play by collecting and disseminating news, thereby contributing to the public’s access to a richer diversity of views, opinions, and information; Recognizing that the same rights that people have offline must also be protected online, and that OSCE commitments relating to freedom of expression are applicable regardless of frontiers and through any media of one’s choice, in accordance with the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, Supporting the recent resolutions of the United Nations Human Rights Council, on the importance of safety of journalists as a fundamental element of free expression (A/HRC/RES/21/12 of 21 September 2012), and of the UN Security Council (UNSCR 1738) and on the promotion, protection and enjoyment of human rights on the internet, recognising the global and open nature of the Internet as a driving force for development, and affirming

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that the same rights that people enjoy offline must also be protected online (A/HRC/RES/20/8 of 29 June 2012), Commending the valuable of the Representative on Freedom of the Media in promoting independent and pluralistic media essential to a free and open society and accountable systems of government, and reconfirming our commitment to cooperate fully with the Office and to create an environment where free and independent media can flourish,

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Calls on the participating States to: [op1] Fully implement existing OSCE commitments relating to freedom of opinion, expression and freedom of the media and to recognise that existing OSCE commitments apply online as well as offline; [op2] Review and, if necessary, revise national legislation and practices in order to ensure full compliance with OSCE commitments, and adopt necessary amendments and regulations; [op3] Prevent concentration of ownership or control of broadcasting media by the state, , promote diversity of media sources, ensure that the public is able to receive a range of diverse broadcasting services and facilitate and ensure equitable access to the various distribution platforms for the broadcasting media; [newop] Ensure that comprehensive laws on access to public information are adopted; [op4] Condemn in the strongest terms, investigate and bring to justice perpetrators and masterminds of all attacks and violence against journalist, including those working online, including torture, extrajudicial killings, enforced disappearances and arbitrary detention, as well as intimidation and harassment, and to promote a safe and enabling environment for journalists including as regards freedom of assembly and association to perform their work independently and without undue interference in all forms of journalistic expression including through new information and communication technologies;

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deignans 7/11/12 10:43 Supprimé: be they state or private

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[newop] Investigate attacks against journalists, particularly the killing of those who tried to raise awareness of sensitive issues in their respective societies, and bring all perpetrators to justice [op5] [Support, inter alia, through the work of the RFoM, the efforts by journalists to increase their professionalism, including by their adoption of professional standards and other appropriate mechanisms, fully recognising that any such efforts should be entirely voluntary] Encourage the adoption of voluntary professional standards by journalists, media selfregulation and other appropriate voluntary mechanisms for ensuring increased professionalism, and adherence to ethical standards among journalists; [newop] Consider decriminalising defamation and ensure that legislation does not allow for fines in cases concerning journalistic activities that do not bear reasonable relationship of proportionality to the injuries suffered

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[op6] Promote and facilitate access to a global Internet and encourage the development of media and information and communication technologies throughout the OSCE region; [op7] ensure that media content online enjoys the same freedoms and protections as traditional media offline and that the Internet remains an open and public forum for freedom of opinion and expression, ;

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[op8] Increase education and media literacy in order to empower citizens of all ages, with a special emphasis on children, to benefit from the information that they can receive and impart in the media including on the Internet, and to protect children against pornography, violence and other programmes or web content that could cause grave damage to them.

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[Newop] Cooperate fully with the Office of the RFOM, and draw upon the expertise and professional advice that can be offered in the field of freedom of expression and media freedom

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[Newop] Condemn any cases to use the media for the promotion of racist propaganda and hate speech in violation of international law. [Newop] Calls on media representatives of participating States to comply with the requirements of law enforcement representatives in the course of performing their duties.

Supprimé: Take further action to

deignans 7/11/12 12:45 Supprimé: while encouraging the promotion of tolerance, dialogue, respect and mutual understanding, Supprimé: and

Staff 6/11/12 16:11 Supprimé: that media content online enjoys the same freedoms and protections as traditional media offline

Staff 6/11/12 16:19 Supprimé: vulnerable groups such as children