Recommendation of the European Parliament and of the Council of 20 December 2006 on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry
Date: 2006-12-20
Institutions: Council of the European Union, European Parliament
Subjects: European audiovisual area, Internet, child protection, competitiveness, information industry, law relating to information, selective dissemination of information, transmission network

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(Acts whose publication is not obligatory)

EUROPEAN PARLIAMENT AND COUNCIL

RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 December 2006

on the protection of minors and human dignity and on the right of reply in relation to the competi-
tiveness of the European audiovisual and on-line information services industry

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(3)

(2006/952/EC)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 157 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure referred to in
Article 251 of the Treaty (2),

Whereas:

(1)

the European
The Charter of Fundamental Rights of
Union (3) (‘the Charter’) declares in Article 1 the inviol-
it must be
ability of human dignity, providing that
respected and protected. Article 24 of
the Charter
provides that children have the right to such protection
and care as is necessary for their well-being and that in
all actions relating to children, whether taken by public
authorities or private institutions, the child's best interests
must be a primary consideration.

(2)

The European Union should gear its political action to
preventing any form of violation of
the principle of
respect for human dignity.

(1) OJ C 221, 8.9.2005, p. 87.
(2) Opinion of the European Parliament of 7 September 2005 (OJ C 193 E,
17.8.2006, p. 217), Council Common Position of 21 September 2006
(not yet published in the Official Journal) and Position of the European
Parliament of 12 December 2006 (not yet published in the Official
Journal).

(3) OJ C 364, 18.12.2000, p. 1.

(4)

(5)

Legislative measures need to be enacted at Union level on
the protection of the physical, mental and moral develop-
ment of minors in relation to the content of all audiovi-
sual and information services and the protection of
minors from access to inappropriate adult programmes
or services.

for

The constant development of new information and
the
communication technologies makes it urgent
Community to ensure full and adequate protection for
citizens' interests in this field on the one hand, by guar-
anteeing the free delivery and free provision of informa-
tion services and, on the other hand, by ensuring that
their content is legal, respects the principle of human
dignity and does not impair the overall development of
minors.

The Community has already intervened in the field of
audiovisual and information services in order to create
the necessary conditions to ensure the free movement of
television broadcasts and other information services, in
compliance with the principles of free competition and
freedom of expression and information, but it should act
with greater determination in this area with the aim of
adopting measures to protect consumers from incitement
to discrimination based on sex, racial or ethnic origin,
religion or belief, disability, age or sexual orientation and
of combating any such discrimination. Such action
should strike a balance between the protection of indivi-
dual rights on the one hand and freedom of expression
on the other, in particular with respect to Member States'
responsibility for defining the notion of incitement to
hatred or discrimination in accordance with their
national legislation and moral values.

(6)

(7)

(8)

(9)

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is the first legal

Council Recommendation 98/560/EC of 24 September
1998 on the development of the competitiveness of the
European audiovisual and information services industry
by promoting national frameworks aimed at achieving a
comparable and effective level of protection of minors
and human dignity (1)
instrument at
Community level which in its recital (5) addresses issues
of the protection of minors and of human dignity in rela-
tion to audiovisual and information services made avail-
able to the public, whatever the means of conveyance.
Article 22 of Council Directive 89/552/EEC of 3 October
1989 on the coordination of certain provisions laid
down by Law, Regulation or Administrative Action in
Member States concerning the pursuit of
television
broadcasting activities (2)
(‘Television without Frontiers
Directive’) has already specifically addressed the question
of the protection of minors and human dignity in televi-
sion broadcasting activities.

in particular
protection of minors and human dignity,
Article 16(1)(e), according to which Member States and
the Commission are to encourage the drawing up of
codes of conduct regarding the protection of minors and
human dignity.

(11)

The changing media landscape, resulting from new tech-
nologies and media innovation, makes it necessary to
teach children, and also parents, teachers and trainers to
use audiovisual and on-line information services effec-
tively.

It is suggested that the Council and the Commission
should pay special attention to the implementation of
this Recommendation when revising, negotiating or
concluding new partnership agreements or new coopera-
tion programmes with third countries, bearing in mind
the global character of producers, distributors or provi-
ders of audiovisual content and Internet access.

(12) On the whole, self-regulation of the audiovisual sector is
proving an effective additional measure, but it is not
sufficient to protect minors from messages with harmful
content. The development of a European audiovisual area
based on freedom of expression and respect for citizens'
rights should be based on continuous dialogue between
national and European legislators, regulatory authorities,
industries, associations, citizens and civil society.

By Decision No 276/1999/EC (3), the European Parlia-
ment and the Council adopted a multiannual Community
Action plan on promoting safer use of the Internet by
content on global
and harmful
combating illegal
networks (the ‘Safer Internet Action Plan’).

Decision No 1151/2003/EC of the European Parliament
and of the Council (4) extended the Safer Internet Action
Plan for two years and amended its scope to include
measures to encourage exchange of
information and
coordination with the relevant actors at national level as
well as special provisions for the accession countries.

(10) Directive 2000/31/EC of the European Parliament and of
the Council of 8 June 2000 on certain legal aspects of
in particular electronic
information society services,
commerce, in the Internal Market (5) clarifies some legal
concepts and harmonises certain aspects in order to
enable information society services to fully benefit from
the internal market principles. A number of the provi-
sions of Directive 2000/31/EC are also relevant to the

(1) OJ L 270, 7.10.1998, p. 48.
(2) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive
97/36/EC of the European Parliament and of the Council (OJ L 202,
30.7.1997, p. 60).

(3) Decision No 276/1999/EC of the European Parliament and of the
Council of 25 January 1999 adopting a multiannual Community
action plan on promoting safer use of the Internet by combating illegal
and harmful content on global networks (OJ L 33, 6.2.1999, p. 1).
Decision as last amended by Decision No 787/2004/EC (OJ L 138,
30.4.2004, p. 12).

(4) Decision No 1151/2003/EC of the European Parliament and of the
Council of 16 June 2003 amending Decision No 276/1999/EC
adopting a multiannual Community action plan on promoting safer
use of the Internet by combating illegal and harmful content on global
networks (OJ L 162, 1.7.2003, p. 1).

(5) OJ L 178, 17.7.2000, p. 1.

(13)

(14)

the European Parliament and of

In the public consultation concerning Directive 97/36/EC
the Council of
of
30 June 1997 amending Council Directive 89/552/EEC
on the coordination of certain provisions laid down by
law, regulation or administrative action in Member States
concerning the pursuit of television broadcasting activ-
ities (6), it was suggested that the need to adopt measures
in relation to media literacy be included among the
subjects covered by Recommendation 98/560/EC.

The Commission encourages cooperation and the sharing
of experience and best practices between existing self-
and co-regulatory bodies, which deal with the rating or
classification of audiovisual content, regardless of
the
means by which it is delivered, with a view to enabling
all users, but especially parents, teachers and trainers, to
report illegal content and assess the content of audiovi-
sual and on-line information services, as well as any legal
content which could harm the physical, mental or moral
development of minors.

(15) As suggested during the public consultation concerning
Directive 97/36/EC, it is appropriate for the right of reply
or equivalent remedies to apply to on-line media, and to
take into account the specific features of the medium and
service concerned.

(6) OJ L 202, 30.7.1997, p. 60.

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(16)

The Council Resolution of 5 October 1995 on the image
of women and men portrayed in advertising and the
media (1) invites the Member States and the Commission
to take adequate measures to promote a diversified and
realistic picture of the skills and potential of women and
men in society.

2. promoting, in order to encourage the take-up of techno-
logical developments, in addition to and consistently with
existing legal and other measures regarding broadcasting
services, and in close cooperation with the parties
concerned:

(17) When tabling its proposal for a Council Directive imple-
menting the principle of equal treatment between men
and women in the access to and supply of goods and
services, the Commission noted that the portrayal of the
sexes in the media and in advertising raises important
questions about the protection of the dignity of men and
women, but concluded that, in the light of other funda-
mental rights, including the freedom and pluralism of the
media, it would not be appropriate to address these ques-
tions in that proposal but that it should take stock of
these questions.

(18)

(19)

The audiovisual and on-line information services industry
should be encouraged at Member State level to avoid and
to combat any type of discrimination based on sex, racial
or ethnic origin, religion or belief, disability, age or sexual
orientation in such media and all advertising, including
new advertising techniques, without infringing freedom
of expression or of the press.

This Recommendation covers new technological develop-
ments and complements Recommendation 98/560/EC.
Its scope, on account of technological advances, includes
audiovisual and on-line information services made avail-
able to the public via fixed or mobile electronic
networks.

(20) Nothing in this Recommendation prevents Member
States from applying their constitutional provisions and
other legislation and legal practices regarding freedom of
expression,

HEREBY RECOMMEND THAT:

I. The Member States, in the interests of promoting the devel-
opment of the audiovisual and on-line information services
industry, take the necessary measures to ensure the protec-
tion of minors and human dignity in all audiovisual and on-
line information services by:

1. considering the introduction of measures

into their
domestic law or practice regarding the right of reply or
equivalent remedies in relation to on-line media, with due
legislative
regard for their domestic and constitutional
provisions, and without prejudice to the possibility of
adapting the manner in which it is exercised to take into
account the particularities of each type of medium;

(1) OJ C 296, 10.11.1995, p. 15.

(a) action to enable minors to make responsible use of
audiovisual and on-line information services, notably
by improving the level of awareness among parents,
the new
teachers and trainers of
services and of the means whereby they may be made
safe for minors, in particular through media literacy
or media education programmes and, for instance, by
continuous training within school education,

the potential of

(b) action to facilitate, where appropriate and necessary,
the identification of, and access to, quality content
and services for minors, including through the provi-
sion of means of access in educational establishments
and public places,

(c) action to inform citizens more about the possibilities

offered by the Internet;

examples of possible actions concerning media literacy
are outlined in Annex II;

3. promoting a responsible attitude on the part of profes-
sionals, intermediaries and users of new communication
media such as the Internet by:

industry, without

(a) encouraging the audiovisual and on-line information
infringing freedom of
services
expression or of the press, to avoid all discrimination
based on sex, racial or ethnic origin, religion or belief,
disability, age or sexual orientation, in all audiovisual
and on-line information services, and to combat such
discrimination,

(b) encouraging vigilance and the reporting of pages
considered illegal, without prejudice to Directive 2000/
31/EC,

(c) drawing up a code of conduct in cooperation with
professionals and regulatory authorities at national
and Community level;

4. promoting measures

to combat all

illegal activities
harmful to minors on the Internet and make the Internet
a much more secure medium; consideration could be
given inter alia to the following measures:

(a) adopting a quality label for service providers, so that
users can easily check whether or not a given provider
subscribes to a code of conduct,

(b) establishing appropriate means for the reporting of
illegal and/or suspicious activities on the Internet.

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II. The audiovisual and on-line information services industry

and other parties concerned:

control. Specific campaigns could be aimed at target groups
such as schools, parents' associations and users;

1. develop positive measures for

the benefit of minors,
including initiatives to facilitate their wider access to
information services, while
and on-line
audiovisual
avoiding potentially harmful content,
instance by
for
means of filtering systems. Such measures could include
harmonisation through cooperation between the regula-
tory,
the
self-regulatory and co-regulatory bodies of
Member States, and through the exchange of best prac-
tices concerning such issues as a system of common
descriptive symbols or warning messages indicating the
age category and/or which aspects of the content have led
to a certain age recommendation, which would help users
to assess the content of audiovisual and on-line informa-
tion services. This could take place, for instance, through
the actions outlined in Annex III;

2. examine the possibility of creating filters which would
information offending against human dignity

prevent
from passing through the Internet;

3. develop measures to increase the use of content labelling

systems for material distributed over the Internet;

4. consider effective means of avoiding and combating
discrimination based on sex, racial or ethnic origin, reli-
gion or belief, disability, age or sexual orientation in
audiovisual and on-line information services and of
promoting a diversified and realistic picture of the skills
and potential of men and women in society.

TAKE NOTE THAT THE COMMISSION:

1. Intends to promote,

in connection with the 2005-2008
multiannual Community programme on promoting safer use
of the Internet and new on-line technologies,
information
actions aimed at citizens Europe-wide using all communica-
tions media, to inform the public about the benefits and
possible risks of the Internet, how to use it responsibly and
safely, how to make complaints and how to activate parental

2.

intends to explore the possibility of introducing a European
freephone number or of extending an existing service to
assist Internet users by directing them to available complaint
mechanisms and information resources and providing infor-
mation for parents about the effectiveness of filtering soft-
ware;

3.

intends to explore the possibility of supporting the establish-
ment of a generic second level domain name reserved for
monitored sites committed to respecting minors and their
rights, such as .KID.eu;

4. continues to maintain a constructive and ongoing dialogue
with content providers' organisations, consumer organisa-
tions and all parties concerned;

5.

6.

intends to facilitate and support the formation of networks
by self-regulatory bodies and the exchanging of experience
among them, so as to assess the effectiveness of codes of
conduct and approaches based on self-regulation in order to
ensure the highest possible standards of protection for
minors;

intends to submit
to the European Parliament and the
Council, on the basis of information supplied by the Member
States, a report on the implementation and effectiveness of
the measures specified in this Recommendation, and to
review this Recommendation if and when the need arises.

Done at Brussels, on 20 December 2006

For the European Parliament

The President

J. BORRELL FONTELLES

For the Council

The President

J. KORKEAOJA

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ANNEX I

INDICATIVE GUIDELINES FOR THE IMPLEMENTATION, AT NATIONAL LEVEL, OF MEASURES IN
DOMESTIC LAW OR PRACTICE SO AS TO ENSURE THE RIGHT OF REPLY OR EQUIVALENT REMEDIES IN
RELATION TO ON-LINE MEDIA

Objective: introducing measures in the domestic law or practice of the Member States in order to ensure the right of reply
or equivalent remedies in relation to on-line media, with due regard for their domestic and constitutional provisions and
without prejudice to the possibility of adjusting its exercise to the particularities of each type of medium.

The term ‘medium’ refers to any means of communication for dissemination to the public of edited information on-line
such as newspapers, periodicals, radio, television and Internet-based news services.

Without prejudice to other provisions adopted by the Member States under civil, administrative or criminal law, any
natural or legal person, regardless of nationality, whose legitimate interests, in particular, but not limited to, reputation
and good name, have been affected by an assertion of facts in a publication or transmission should have the right of reply
or equivalent remedies. Member States should ensure that the actual exercise of the right of reply or equivalent remedies
is not hindered by the imposition of unreasonable terms or conditions.

The right of reply or equivalent remedies should exist
Member State.

in relation to on-line media under the jurisdiction of a

Member States should adopt the measures needed to establish the right of reply or equivalent remedies and should deter-
mine the procedure to be followed for the exercise thereof. In particular, they should ensure that a sufficient time span is
allowed and that the procedures are such that the right of reply or equivalent remedies can be exercised appropriately by
natural or legal persons resident or established in other Member States.

The right of reply can be ensured not only through legislation, but also through co-regulatory or self-regulatory measures.

The right of reply is a particularly appropriate remedy in the on-line environment because it allows for an instant response
to contested information and it is technically easy to attach the replies from the persons affected. However, the reply
should be within a reasonable time after the request has been substantiated and at a time and in a manner appropriate to
the publication or transmission to which the request refers.

Provision should be made for procedures whereby disputes as to the exercise of the right of reply or the equivalent reme-
dies could be subject to review by the courts or similar independent bodies.

An application for exercise of right of reply or the equivalent remedies may be rejected if the claimant does not have a
legitimate interest in the publication of such a reply, or if the reply would involve a punishable act, would render the
content provider liable to civil law proceedings or would transgress standards of public decency.

The right of reply is without prejudice to other remedies available to persons whose right to dignity, honour, reputation
or privacy have been breached by the media.

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ANNEX II

Examples of possible actions concerning media literacy:

(a) continuing education of teachers and trainers, in liaison with child protection associations, on using the Internet in
the context of school education so as to maintain awareness of the possible risks of the Internet with particular
regard to chatrooms and fora;

(b) introduction of specific Internet training aimed at children from a very early age, including sessions open to parents;

(c) an integrated educational approach forming part of school curricula and media literacy programmes, so as to provide

information on using the Internet responsibly;

(d) organisation of national campaigns aimed at citizens, involving all communications media, to provide information on

using the Internet responsibly;

(e) distribution of information packs on possible risks of the Internet (‘how to surf the Internet safely’,

‘how to filter
unwanted messages’) and the setting up of hotlines to which reports or complaints concerning harmful or illegal
content could be addressed;

(f) adequate measures to establish or improve the performance of telephone hotlines, so as to make it easier to lodge

complaints and to make it possible to report harmful or illegal content.

ANNEX III

Examples of possible actions by the industries and the parties concerned for the benefit of minors:

(a) systematically providing users with an effective, updatable and easy-to-use filtering system when they subscribe to an

access provider;

(b) offering access to services specifically intended for children which are equipped with automatic filtering systems oper-

ated by access providers and mobile telephone operators;

(c) introducing incentives to provide a regularly updated description of the sites available, making it easier to classify sites

and assess their content;

(d) posting banners on search engines drawing attention to the availability both of information about responsible use of

the Internet and of telephone hotlines.