(ARTICLE 19/IFEX) – The following is an ARTICLE 19 statement: STATEMENT FROM ARTICLE 19 ON THE DEVELOPMENT OF AN INDEPENDENT MEDIA REGIME UNDER THE STABILITY PACT ARTICLE 19 understands that the Stability Pact for Southeastern Europe is holding a conference in Geneva on 18 and 19 October 1999 to discuss The Working Table on Democratisation […]
(ARTICLE 19/IFEX) – The following is an ARTICLE 19 statement:
STATEMENT FROM ARTICLE 19 ON THE DEVELOPMENT OF AN INDEPENDENT MEDIA REGIME
UNDER THE STABILITY PACT
ARTICLE 19 understands that the Stability Pact for Southeastern Europe is
holding a conference in Geneva on 18 and 19 October 1999 to discuss The
Working Table on Democratisation and Human Rights. We believe that a draft
declaration on media freedom and responsibility may be tabled at the meeting
for future adoption by the states covered by the Stability Pact.
ARTICLE 19 is concerned that such a proposal may undermine attempts to bring
these countries into line with the highest standards by de facto setting
them apart from the rest of Europe. There already exist an adequate range of
international standards covering media, many of which these countries have
already signed up to. We believe that efforts should be focused on ensuring
the ratification of such treaties by those countries which have not yet done
so and swiftest possible implementation by all.
ARTICLE 19 encourages international attention to focus on using existing
standards to promote the amendment of national laws relating to the media,
rather than on creating new and unenforceable declarations. This opportunity
can be taken to call for a review and improvement of all laws which impinge
on the media, such as those covering broadcasting, freedom of information,
defamation, national security and protection of sources. If some of these
laws are left unamended, they can undermine positive features of new ones;
this means that referring disputed matters to the courts will often result
in a judgment in line with outdated and repressive legislation, and a defeat
for freedom of expression. ARTICLE 19 is prepared to advise on amending such
laws to bring them into line with international standards, as we frequently
have done – most recently in connection with laws in Indonesia, at the
request of UNESCO.
In particular, ARTICLE 19 is concerned that the following principles are
followed when addressing the future of media development in the region:
Governments should be encouraged to:
sign existing international standards/treaties which have enforcement
mechanisms; and bring law and practice into line with such standards as soon
as possible.
We would not recommend that new texts which paraphrase existing standards
yet fall outside their remits are introduced, as these may serve to
undermine or slow down pressure for countries’ accession to treaties and
their development of best practice and legislation.
Provisions for broadcasters, including those establishing the
responsibilities of public service broadcasters, should not be set out in
isolation, but as part of a package which also lays down an environment in
which the private media can flourish, and sets consistent standards across
the board.
Provisions for the creation of independent media regulators should be the
result of consultation within the country’s governmental, NGO and media
community. A commission which allocates broadcasting frequencies may not be
the best body to promote best standards in the print media.
Terminology should be carefully chosen to reduce the opportunities for
arbitrary interpretation.
For example:
setting out that journalists work to be ‘factual’ would imply at least two
interpretations: that sanctions will be taken if information is false, even
if a statement is made in good faith, raising the question of who judges the
material; and that opinion or comments could be deemed unacceptable.
to ‘encourage professionalism’ would be appropriate in the context of
self-regulation for the print media, but could be taken as carte blanche to
interfere with the content of publications by a statutory body.
Any guidelines for public service broadcasters should be free of specific
guidelines on content except insofar as they relate to issues of access and
balance, for example access for minorities and reporting during elections.
ARTICLE 19. 14 October 1999
