Extended Implementation Guide to selected topics under Prevention and Promotion Pillars of the Guidelines of Recommendation CM/Rec (2016)4 on the Protection of journalism and safety of journalists and other media actors
Violence, harassment and threats against journalists and other media actors violate the right to freedom of expression of journalists, lead to self-censorship, and pose serious risks to the right of society as a whole to receive information. In 2016, the Committee of Ministers of the Council of Europe adopted Recommendation CM/Rec(2016)4 on the protection of journalism and safety of journalists and other media actors providing guidelines on four thematic pillars: prevention; protection; prosecution and promotion of information, education and awareness raising. In 2020, the Council of Europe issued an Implementation Guide to the Recommendation, focusing on the ‘Protection’ and ‘Prosecution’ pillars, to provide member States with concrete responses to the question what can and should be done to protect journalists and other media actors.
The current Extended Implementation Guide complements the 2020 Guide by providing guidance on the implementation of the ‘Prevention’ and ‘Promotion’ pillars. For each of the thematic areas identified, the Extended Implementation Guide establishes indicators to assess progress in the implementation of the Recommendation; provides background information, including references to the case-law of the European Court of Human Rights case-law; highlights valuable practices; makes suggestions to state authorities; and, offers a self-assessment tool for member States in the form of a questionnaire to help them review the state of implementation of the Recommendation in their respective jurisdictions.
INTRODUCTION AND METHODOLOGY ANALYSIS OF SELECTED AREAS OF THE PREVENTION PILLAR OF THE GUIDELINES OF RECOMMENDATION CM/REC(2016)4
A. Legal framework to ensure independence of the media and safeguard media pluralism (paragraph 1 of the Guidelines)
B. Legislative framework guarantees public access to information, privacy and data protection, confidentiality and security of communications and protection of journalistic
sources and whistle-blowers (paragraph 2 of the Guidelines)
C. Legislative framework guarantees effective protection of all journalists and other media actors (paragraph 2 of the Guidelines) 27
D. Implementation of comprehensive legislative framework that enables journalists and other media actors to contribute to public debate effectively and without fear (paragraph 2 of the Guidelines, continued)
E. Independent, substantive review of legislative framework (paragraphs 3-5 of the Guidelines)
F. Defamation laws include freedom of expression safeguards that conform to European and international human rights standards (paragraph 6 of the Guidelines)
G. Clear legal basis for surveillance and interception of communications data that includes safeguards against misuse and abuse (paragraph 7 of the Guidelines)
ANALYSIS OF SELECTED AREAS OF THE PROMOTION PILLAR OF THE GUIDELINES OF RECOMMENDATION CM/REC(2016)4
A. Raising awareness of safety issues; translation and dissemination of the Recommendation (paragraphs 28 and 29 of the Guidelines)
B. Partnerships with civil society (paragraph 30 of the Guidelines)
APPENDIX
SELF-ASSESSMENT TOOL FOR MEMBER STATES ON SELECTED TOPICS REGARDING THE PROTECTION OF JOURNALISM AND SAFETY OF JOURNALISTS AND OTHER MEDIA ACTORS – UNDER THE PREVENTION AND PROMOTION PILLARS OF THE GUIDELINES OF RECOMMENDATION CM/REC(2016)4
