DG Enlargement Draft Guidelines for EU support to media freedom and media integrity in enlargement countries, 2014-2020 1. Media Freedom and Media Integrity in the Enlargement Region Freedom of expression is a fundamental right safeguarded by international law, including the European Convention on Human Rights, and forms an integral part of the functioning of a pluralistic democracy. According to the Press Freedom Index 2013 (Reporters Without Borders), the picture of media freedoms in the Western Balkan countries and Turkey aspiring towards EU membership is diverse1. Media politicisation and media clientelism are at the core of the most serious problems faced by the media. In the Western Balkans, the economic crisis combined with the global growing public preference for free internet-based media have led to a reduction of resources for established media and further increased the pressure on professional journalism. And when job opportunities decline, journalists as a community have proved to be weak in its capacity to further develop and protect common professional and labour standards. The independence of regulatory authorities is constantly challenged and not sufficiently supported by law. The judiciary by far too often is used to silence critical media. The Public Service Broadcasters are still struggling to obtain editorial independence, financial sustainability and accountability in their service towards citizens. The substantial investment from the international community to strengthen independent media in the post-conflict Western Balkan countries has gradually been withdrawn. This trend is not likely to reverse. In the media landscape only a few independent media outlets have managed to survive the transition and the current economic crisis. Some have been absorbed by the clientelistic system whereas others are surviving with meagre resources. The existing not-for-profit media NGOs are still largely dependent on international donors to sustain their missions2. 1 Serbia shows some progress and is the highest ranked country in the Western Balkans in place 63, advance of 17 places compared to last year’s Index. FYRoM on the other hand dropped full 22 places from 94th last year to 116th in the 2013 Index. Of the other countries of the Western Balkans, Bosnia and Herzegovina is 68th, Albania 102nd, and Montenegro is ranked 113th. Kosovo* was considered separately and is ranked 85th. Turkey, where severe limitations to freedom of expression and press freedom prevails, shows further decline in the Index and places itself in place 154 out of the 179 countries ranked. The overall low ratings were due to judicial pressure on the media, the lacking or inadequate legislation, numerous instances of intimidation of journalists, and lack of proper access to public information. * This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence. 2 See detailed country by country assessments of freedom expression and media in the Enlargement Package 2013: http://ec.europa.eu/enlargement/countries/strategy-and-progress-report/index_en.htm Draft 18/11/2013 1 2. The Enlargement Agenda for Media Freedom and Media Integrity It is essential that the enlargement countries guarantee open and pluralistic media landscapes which allow for a culture of critical and independent journalism. Without the presence of a fully free media, citizens in the enlargement countries are denied the right to balanced, factual and reliable information without exposure to bias and propaganda. However the present media situation poses risks to the full transition towards stable transparent democracies and effective institutions3. Hence it is an integrated part of the Copenhagen political criteria for accession to the European Union. The EU accession process is a unique opportunity to encourage far reaching reforms in EU candidate and potential candidate countries. Endeavours to improve transparency, anti-corruption efforts and demand for accountable and transparent politics can only succeed if independent media are allowed access to information and have the capacity to process information and make it available to the public. Given the prominence of the challenge, the EU has decided to use the leverage of accession negotiations, where the issues related to the enabling environment for media freedom are being integrated in the comprehensive action plans under Chapter 23: Judiciary and Fundamental Rights. Implementation of the plan would form conditionality and determine the pace of the entire negotiation process. For the countries, not yet negotiating Chapter 23, a similar/comparable mechanism will be put in place. The regular Progress Reports and annual Enlargement Strategy and the conclusions of the Speak Up2 conference (20 June, 2013)4 brought to the fore a set of priority issues relevant for putting in place robust conditions for independent media and to be pursued in the enlargement process and in the perspective of the Instrument for Preaccession Assistance (IPA) II: The governments need to step up efforts and show a solid track record on investigations on violence and intimidation against journalists. Rules for transparency of media ownership need to be put in place in line with European standards, as well as checks against informal economic pressures on media. Transparent rules and procedures for the use of public funds in media (e.g. in form of the so called “government advertisement”) adopted and implemented to mitigate clientelistic support to pro-government media and unfair competition within the media market. Judicial capacities to protect freedom of expression and press freedom in accordance with European standards need to be developed. 3 As example, Transparency International’s anti-corruption monitoring in the countries shows that progress has been uneven and several countries continue to grapple with systemic corruption in their public institutions. The Corruption Perceptions Index in 2011 found that accession countries in the Western Balkans and Turkey all scored under 4 (0 being highly corrupt, and 10 very clean). 4 http://ec.europa.eu/enlargement/policy/policy-highlights/media-freedom/index_en.htm Draft 18/11/2013 2 Public Service Media remit meant to guarantee content pluralism and matching reform strategies to be developed, agreed and implemented to ensure transition towards an independent, accountable and sustainable public service broadcasting system. 3. EU Support A country wishing to join the EU needs to have an appropriate regulatory environment to ensure the exercising of freedom of expression and the presence of a free media. In order for independent media to be capable to fulfil their role they need to be able to access and impart information without interference by public authorities or business circles. Even though there is a little of the EU level regulation for the media sector, the European Commission is fully mandated by the Copenhagen political criteria to thoroughly assess the media situation in the countries aspiring the EU accession and to demand correction of the identified shortcomings. Therefore the preferred way is that Government Media strategies and laws are designed in line with the Council of Europe standards5. The Commission is committed to support meeting the objective of achieving sustainable conditions for freedom of expression and media. At the same time, the Commission recognises that genuine professional and independent media cannot be created exclusively with political support and financial assistance from the outside. With limited resource available it is important that the identified priorities are taken up and founded in national and regional strategies and owned and developed by media sector stakeholders themselves. Moreover, the development of strategies and laws shall take place with proper consultation with the media community and civil society, including in particular journalist professional organisations, thinktanks and human rights organisations. Equally, it is crucial to understand that the identified tasks are not to be accomplished by ad hoc or insulated assistance actions. The nature of the issues (e.g. establishing a functioning self-regulation, changing the mind-set of judiciary, etc.) requires a long term engagement. (Once developed the assistance programmes might stretch up to 5 years). In this regard the European Commission is looking forward to cooperate with partners from international institutions as CoE, OSCE, UNESCO, other European and regional organisations while building on their respective mandates, strengths and expertise in the media area. A regional approach to support will be explored to create synergies and enhance efficiency and allow for a broader outlook on the issues and practices. To ensure effectiveness of the above assistance approach, the Commission will continue to politically raise the issues of relevance to freedom expression and media with the governments in the Enlargement countries (notably, in the context accession negotiations, where available), and it will underline their importance for EU membership 5 These standards – conventions, recommendations, declarations, guidelines, etc. – are based on Article 10 of the European Convention on Human Rights and the relevant case-law of the European Court of Human Rights. Draft 18/11/2013 3 3.1 Enabling Environment and Resulting Responsibilities of Main Actors The task of putting in place an enabling regulatory environment for free, professional and impartial media stretches far beyond of adopting a few principal provisions in constitutions or comparable law. Freedom of Expression is a fundamental right, but at the same time it is pivotal for functioning of democracy and good governance in the given country. Moreover, implementation of this freedom is largely embedded in the economics, media and advertisement markets. This explains the comprehensive range of challenges to be addressed by an accession country and the multitude of the responsible actors within that country. The national Parliaments bear the ultimate responsibility for the state of democracy in their countries. Therefore support should be provided to them enabling to regularly assess media situation in their respective states in a way that would be objective and comparable, that would allow to act upon the shortcomings of national media legislations and practices, and to take appropriate measures in order to amend those defects. Such analyses could be done compared to the set of principles determined with the Resolution 1636 of the Parliamentary Assembly of the Council of Europe on indicators for media in a democracy6. The modalities of support would include parliamentary twinning and peer reviews and should encourage dialogue with civil society. It is the responsibility of the state to protect journalists from physical threats or assaults due to the work they do. In parallel with raising this point with national authorities, the EC will explore with partners options for accompanying measures to contribute to legal and physical protection of journalists. It is still very common in some accession countries that politicians and state officials attempt to silence media criticism by suing journalists. By fare too often the judiciary – deliberately or instinctively - take the side of the state and its officials while ruling on these cases. Continued work on development of judicial procedures and practices that protects freedom of expression and media in line with the Article 10 of the European Convention on Human Rights and applicable case law will be encouraged and supported. This could include updating and improving the capacity of the national judicial training programmes in the countries, support to law schools and faculties to improve curriculum related to freedom of expression and the understanding of case law practices. The regulatory authorities in the broadcasting sector are pivotal to ensure fair business practices, protect media and content pluralism by enforcing the rules for transparency of financing and preventing excessive ownership concentration or its close affiliation with political interests. Though in many cases the legislation in place by itself doesn’t prevent risks to independence and professionalism of regulators. The main attention needs to be paid and support given to strengthening of independence and professionalism of regulatory bodies and to creating a credible enforcement track record by them. With the share of commercial advertisements having shrunk considerably, the government publicity campaigns – the so called “government advertisement” becomes a powerful leverage to influence 6 http://assembly.coe.int/mainf.asp?link=/documents/adoptedtext/ta08/eres1636.htm Draft 18/11/2013 4 contents of reporting. Putting in place proper (public procurement alike) rule and enforcing them is a priority. Transparency in implementation is must. There should be a media community-government dialogue on what are the necessary checks to be put in place in order to reduce informal business influence on reporting. The national Public Service Media (unlike commercial media) are created by law or a similar act and receive public funding for their operation. However they continue to face challenges in defining the public service remit and public interest, protecting its independence, building the necessary demand for services the public is willing to pay for and manage the switch from analogue to digital broadcasting. These challenges can only be addressed if there is a political will and ability to develop and implement a strategy with a broad public support and with the necessary means allocated for it to succeed. The EC will support such strategic initiatives through both politically encouraging the governments to continue with PSB reform and technical assistance and mentoring programmes as envisaged in its Memorandum of Understanding with the EBU. 3.2 Advancing Media to a Modern Level of Internal Governance The wide spread clientelism in media, frequent deviation from professional and ethical standards in reporting, diminishing of the share of serious analytical reporting, shrinking content pluralism have led to a significant drop in public’s confidence in printed and broadcasting media. It should be also noted that deviation from transparency and honest business principles exposes media outlets to additional pressures in the form of risks of the selective justice and impairs independent reporting. To this end, initiatives to restore good governance at the level of individual media outlets should be encouraged and supported. First and foremost it would mean introducing transparency regarding the ownership, cooperate governance and financing in media outlets. Adequate contractual labour relations are of importance to ensure independent reporting. In-house editorial codes and an honest, transparent and efficient mechanism to address complaint’s from readership or viewership is an important factor for public’s trust in the given media outlet. Investing in education of journalists (also in applying professional standards) forms a part of good governance. In the context of regaining public’ trust in traditional, off-line media, it is important that the enlargement countries develop proper systems for basic and continuous training and education of journalists and journalist students on professional standards, freedom of expression and media integrity. Ad hoc training should be avoided and the needs and opportunities for support to journalist schools to develop curriculums also related to on-line media should be explored. Special effort should be made to promote the development of quality investigative journalism, e.g. through substantial training, support and mentoring schemes, and through the reinforcement of networks to enable a closer cooperation between investigative journalists and Civil Society Organisations. Investigative journalism should be fostered within the public service media, as well as in the commercial media and independent production houses. As online media are gaining grounds, Draft 18/11/2013 5 the challenge on application of media standards in the digital environment and opportunities and threats to freedom of expression will remain a theme throughout the period. The EC will make it possible for stakeholders in the enlargement countries to engage in dialogue with key institutions and actors in the EU on internet media through e.g the People to People (P2P) Programme. 3.3 Increasing Capacity and Representativeness of Journalist Professional Organisations Mature and credible journalist professional organisations are a key driver in advancing ethical codes and self-regulation, labour standards and enabling media legislation. Currently the civic segment of the journalist community (as an inevitable precondition for protecting professional standards and labour rights) is weak and organised interests are often disjointed without a long-term common vision. Ethical editorial codes and mechanisms for voluntary self-regulation and adherence to principles of good governance will get their grounds if media owners, journalist organisations and other key stakeholders are willing to transcend their divides and engage in a dialogue to reach agreement on common rules, as well as their readiness to subject themselves to these common rules. Efforts to establish such dialogues should be supported both politically and by provision of concrete advice when windows of opportunities emerge. Poor labour relations at media outlets (including absence of proper work contracts) is a powerful factor of self-censorship. Again, fragmentation of the journalist community is the obstacle to solidarity when common interests – labour rights are at stake. To this end, initiatives to develop capacity of journalist associations and unions to achieve the above strategic objectives need to be supported – among other forms - through collaboration with EU based journalist associations. Media Partnership Program will be put in place by using the Civil Society Facility7. The partnerships shall improve the quality and broaden the dialogue within the media community and between the media community and governments. By bringing together representatives from different organisations in the Western Balkans, Turkey and EU, the multibeneficiary support will enable common lessons learned, synergies and identify the added value and complementarity of the Media Partnership Programme to on-going efforts at the national and regional levels. The Media Partnership approach can be replicated at the national levels according to the particular issues to be addressed there. It will make it possible for organisations committed to improved media freedom and standards to perform activities based on a joint strategy and agreed programme of activities. 7 CSF – a financial assistance programme within IPA, meant to raise capacities of civil society organisations in the Enlargement countries: http://ec.europa.eu/enlargement/tenders/support-for-civil-society/civil-societyfacility/index_en.htm Draft 18/11/2013 6 ANNEX A: DRAFT RESULTS FRAMEWORK The proposed results framework has been developed in line with the principles and objectives set out in the draft guidelines for EU support to media freedom and integrity 2014-2020. It has been conceived as a framework for the enlargement region as a whole and will provide the basis for a tailor-made approach at national level in accordance with the country context. Indicators are to be defined in consultation with media community stakeholders and relevant international organisations and other stakeholders. A brainstorming event, involving some of them, took place on 7-8 November, 2013. The same are to be re-fined further considering them under the operational / easyto-estimate point of view. Objective Result Indicator Enabling environment and resulting responsibilities of main actors 1. An enabling legal, 1.1. Parliaments (and 1.1.a. Annual assessments of regulatory and policy governments) in Enlargement existing legislation, other legal environment for the acts affecting media and factors countries: exercising rights of influencing freedom of - conduct periodic assessments expression conducted freedom of expression and media of the state of media freedom, measuring national laws and 1.1.b. Number of proposals (e.g. and media integrity. practice against a range of basic policy approaches/”strategies”, principles on the “quality of draft laws) made and law” stated in ECtHR case-law implemented as a result of the and the indicators listed in the above assessments Council of Europe PA Resolution 1.1.c. Extent to which journalist 1636 (2008). professional organisations and -put forward and adopt policy media interested NGOs are and legislative proposals in line involved in preparing the with the EU law and above Parliaments’ assessments and principles and indicators to follow-up proposals. Independent assessments by address the shortcomings. think-tanks, international institutes and similar (if available) published and form part of dialogue with MoV/Comment TBD8 8 The column “Means of Verification” is largely open for time being. It should reflect how, in what form the indicators are to be measured to certify the implementation of the goals. One can imagine a diverse spectrum of means and institutions involved. So, for example, if it is about quality assessment of the adopted laws, the European Commission might relay on the established cooperation with the Council of Europe and OSCE. When it is about assessing the assistance to journalist professional organisations by using the Civil Society Facility, most probably the verification instruments associated with this instrument will be used. At the same time, the participants of the given consultation are invited to give their consideration and suggestions in the above regard. Draft 18/11/2013 7 Parliaments. 1.1.d. Media are consulted in transparent manner during drafting of relevant legislation. 1.2. Judiciary acts in conformity with article 10 of the European Convention on Human Rights and applicable case law. 1.2.a. Judicial training national curricula developed and regularly updated on media freedom case law and standards. TBD 1.2.b Relevant case law from ECtHR (applying Art.10) translated and published 1.2.c Increase in numbers of judicial staff trained in applying ECtHR case law on freedom of expression; training covers application of legislation affecting media in line with fundamental rights (including to free expression). 9 1.2.d. Number of rulings related to media that are consistent with ECtHR case law 1.2.e Dynamics in numbers of court cases (acquitted cases, convictions, levels of awarded damages, etc.) where charges are pushed by public officials on grounds of media criticism 9 By the way of an example: if the court case refers to , for instance, fiscal or economic aspects of a media outlet, the court should take into consideration the public significance of the given media for exercising freedom of expression. Draft 18/11/2013 8 (defamation and other laws). 1.3. State institutions and public authorities take positive actions to ensure and promote media pluralism and their independence. 1.3.a. Rules on access to information are in place and being followed by authorities without delays. Persisting legal restrictions on grounds of privacy or national security are proportionate 1.3.b Number of physical attacks, threats and other forms of intimidation of media decreases. Such cases are dealt with by law enforcement and judiciary in timely manner. 1.3.c. The legislation provides for independent and professional operation of regulatory authorities of the broadcasting sector without political or other interference and in a transparent and effective manner. Track-record of regulators independence and professionalism established 1.3.a. Survey including also journalists’ assessment of openness and transparency of public authorities 1.3.b. survey TBD 1.3.d. Regulators provide transparent, credible (in terms of real beneficiaries) and accessible records on media ownership Economic performance/financial statements of outlets are made available. 1.3.e Legislation against media monopolies and dominant market positions is in place and properly enforced (track-record) 1.3.f. “State advertising” and any other direct or indirect use of public money in media handled in accordance with good governance to guarantee fairness, neutrality and equal Draft 18/11/2013 9 treatment (rules are in place and enforced by the competition authority or comparable). Volume and share of State advertising per media outlet is made public. 1.3.g. Transparency in dispatching adds by big stateowned companies. 1.3.h. Public policies (e.g. on digitisation, dispatching of official publicity campaigns) and regulatory proposals are developed on the basis of sector analysis and verified audience measurement. 1.3.i. Responsible authorities (e.g. regulatory bodies) perform periodic sector analysis to disclose informal economic pressures on independent reporting (e.g. by adds agencies). Legal checks are in place against these pressures. 1.3.j. Privatisation of state owned media carried out in transparent way and with due respect to fair competition. 1.3.k. Internet remains free. 1.3.l Public authorities develop strategies for supporting of “new”/online, local and alternative media (including definition of public responsibilities of internet service providers). 1.3.m Public programmes to promote media literacy are in place 1.3.n Other actions undertaken by authorities and aimed at Draft 18/11/2013 10 promoting free expression and media pluralism. 1.4. Public Service Media – ensure content pluralism in media environment in independent and accountable manner. 1.4.a. Public Service Media remit defined in law (as preceded by broad public consultation). TBD 1.4.b. Law provides for editorial independence and against politicisation of PSB. 1.4.c. Assessment of the independence and professionalism of governance structures of Public Service Media (track-record). 1.4.d. Implementation of adequate reform of Public Broadcasters guided by comprehensive and budgeted strategies (matching the PS remit). 1.4.e. Sustainability and autonomy of PSB financing mechanism. 1.4.f. PSB subscribe to accountability by publishing annual reports (including financial) according to Public Service Remit as provided for in law and annual work plans. Public consultation on implementation of PS remit by PSB. Draft 18/11/2013 11 1.4.g. Code of ethics and effective mechanism in place to deal with viewers’ complaints. 1.4.h. measuring dynamics of public’s trust in PSB. 1.4.i Digitalisation process carried out in transparent way that ensures media plurality and respects competition rules. Advancing media to a modern level of internal governance 2. Improved 2.1. Media outlets voluntarily professional adhere to principles of standards and transparency (as required by accountability in good governance). media sector. Increased resilience against different pressures. Growing public’s confidence in media. 2.2. Media outlets voluntarily subscribe to and implement adequate labour standards. Labour relations are not a factor for self-censorship anymore (see also 4.5.). 2.1.a. The share of media outlets that provide open access to key data about corporate governance and finances (e.g. ownership structure, income received from the state, financing sources, balance sheets, market share, etc.) . 2.2.a. Increased share of journalists reporting adequate working contracts with sufficient social protection. Surveys by national unions/CSOs 2.2.b Number of signed collective agreements. Number and status of parte-time and freelance stuff. 2.2.c Journalists do not report obstacles to freedom of association [in unions]. Internal code of conduct clearly spells out this right. 2.3. Self-enforcement of ethical norms and professional standards. Draft 18/11/2013 2.3.a. Share of media outlets with developed in-house codes (e.g., in line with International Federation of Journalists) and effective mechanisms to deal with readers/viewers complaints (e.g. ombudsman, readers editor). [Content study of media outlets production according to ethical and professional criteria (e.g. presence of hate speech, respect to privacy, breaches of professional conduct, 12 etc.). - Conducted by professional agencies/NGOs/media freedom watchdogs or similar] Draft 18/11/2013 2.4. Structures strengthened for basic and continuous training and education of journalists and journalist students on professional standards, freedom of expression and media integrity. 2.4.a. Number of curriculums for journalist colleges/schools developed and implemented incorporating ethical codes and standards. 2.5. Media outlets promote professional training (including on professional ethics). 2.5.a Training programmes in place; average hours of training per employee (different categories). 2.6. Investment in professional management of company. Improved economic performance of the outlet in changing markets 2.6. Number of media outlets with well-defined business plans under implementation 2.7. Regaining audience’s confidence. 2.6.a. Growing audience ratings for outlets embarking upon improved governance. TBD 2.4.b. number of internships increased and professional journalists and publicists as resource persons in training programmes. 13 3. Qualitative and trustworthy investigative journalism available to citizens. 3.1. Improved conditions for quality investigative journalism (see also: 1.3.b; 4.5.a; 2.4.b). 3.1.a. increased cooperation between media organisations, media outlets and CSOs benefiting investigative journalists. TBD 3.1.b. Share of quality investigative journalism in local on- and off-line media. 3.1.c. public recognitions of quality investigative journalism (audience measurement for publications/broadcasts with investigative content). 3.1.d. Share of outlets’ (including PSM) budget dedicated to investigative journalism. 3.1.e Public recognition of investigative journalism (awards). Increasing capacity and representativeness of journalist professional organisations 4. Representative 4.1. Regular dialogue within the 4.1.a Frequency and media and journalist media community established on productiveness of conducted professional press freedom and integrity meetings (e.g. leading to joint organisations capable issues. Broad platforms conclusions and actions at of taking (journalist professional national and regional levels). responsibility of organisations, NGOs, think-tanks, 4.1.b Increased public sector relevant issues editors and owners) formed. awareness about freedom of in dialogue with expression issues. authorities as well as 4.2. Media 4.2. Media and journalist providing services to organisations/journalists organisations engage into their members. associations act on basis of long- informed dialogue with term vision and strategies to authorities in coordinated achieve impact. manner. increased respect to these organisations. It is reflected particularly in: a. increased capability of fundraising (to support implementation of long-term plans) b. number of advocacy actions organised c. number of joint policy actions Draft 18/11/2013 14 (e.g. dialogue meetings with public authorities to suggest or influence upcoming policies or legislation); impact of these actions on adopted decisions d. number of implemented advocacy actions e. number of members having benefited from free legal aid f. range of services made available to members g. dynamics in membership figures. 4.3. Media organisations monitor and evaluate the results and impact of their own work. 4.3.a. Media organisations that monitor and evaluate their projects and programmes using baselines and quality indicators. 4.4. Platforms (journalist professional organisations, NGOs, media owners and editors) set up and actively promote professional standards and ethics. 4.4.a. Presence of selfregulatory bodies with relevant representation from the media community, effectiveness of the agreed rules (implementation rate). TBD 4.4.b. Dynamics of financial contributions from media community, outlets and media owners to common selfregulatory body/-ies (e.g. a Press Council), indicating respect of the commonly agreed rules institutional sustainability. 4.4.c Representativeness of established self-regulation (number of –participating outlets, market share covered by these outlets) 4.4.d. Self-regulatory body interacts with and is available for advice to judiciary. Draft 18/11/2013 15 4.5. Labour standards developed and adhered to. 4.5.a. increased share of journalists reporting adequate working contracts with sufficient social protection (see also: 2.2). 4.5.b. Trade unions recognised as partners in negotiating collective agreements. Number of media outlets where collective bargaining between trade unions and employers took place with a positive result. Quality of reached agreements (against the backdrop of labour standards). 4.5.c Number of advocacy and lobbying activities by unions and other organisations regarding labour standards. 4.5.d Quality and number of social services (e.g. level of social protection) for part-time and freelance journalists 4.5.e Implementation of national labour laws (in media outlets) and their reflection in reached collective agreements. 4.5.f Presence (or absence) of media owners/employers organisations. Their role in reaching satisfactory labour standards. 4.5.g. Dynamics in numbers of journalists associated in a journalist unions. Draft 18/11/2013 16