natgillin/translations-raw huggingface dataset:
Almost ten years on, the Commission continues to be reluctant to act: the protection of pluralism is no longer included among the priorities of its strategic communications on the audiovisual sector, nor does it even appear as one of the subjects to be dealt with under the revision of the directive on 'television without frontiers' See the Commission's fourth report ( COM(2002) 778 ) on the implementation of the directive on 'television without frontiers' (89/552/CEE) for the period 2001-2002, adopted on 6 January 2003: http://www.europa.eu.int/comm/avpolicy/regul/twf/applica/comm2002_778final_en.pdf .
Almost ten years on, the Commission continues to be reluctant to act: the protection of pluralism is no longer included among the priorities of its strategic communications on the audiovisual sector, nor does it even appear as one of the subjects to be dealt with under the revision of the directive on 'television without frontiers' See the Commission's fourth report ( COM(2002) 778 ) on the implementation of the directive on 'television without frontiers' (89/552/CEE) for the period 2001-2002, adopted on 6 January 2003: http://www.europa.eu.int/comm/avpolicy/regul/twf/applica/comm2002_778final_en.pdf .
The EP, and the rapporteur, by contrast, considers the issue to be of ever-increasing importance, and, on 4 September 2003, Parliament raised the issue of pluralism once again, calling for the 1992 Green Paper to be updated by early 2004.
The EP, and the rapporteur, by contrast, considers the issue to be of ever-increasing importance, and, on 4 September 2003, Parliament raised the issue of pluralism once again, calling for the 1992 Green Paper to be updated by early 2004.
See paragraphs 38-41 of the Perry resolution of 4 September 2003 (P5_TA-PROV(2003)0381- A5-0251/2003 - EP resolution on 'television without frontiers' (2003/2033(INI)):
See paragraphs 38-41 of the Perry resolution of 4 September 2003 (P5_TA-PROV(2003)0381- A5-0251/2003 - EP resolution on 'television without frontiers' (2003/2033(INI)):
Expresses its concern that growing concentration of ownership or control of broadcasting and other media, whether 'horizontal' or 'vertical', may subvert pluralism and democracy; 39.
Expresses its concern that growing concentration of ownership or control of broadcasting and other media, whether 'horizontal' or 'vertical', may subvert pluralism and democracy; 39.
Believes that a commitment to diversity of ownership and/or control of broadcasting, and of broadcasting and other media, should be incorporated in any future Directive, without prejudice to the other initiatives to be undertaken by the Commission as requested by the European Parliament in its aforementioned resolution of 20 November 2002; hopes that the amendment of Directive 89/552/EEC or the new Directives on audiovisual content will include rules on ownership of televisual media that will ensure pluralism in the field of information and culture; 40.
Believes that a commitment to diversity of ownership and/or control of broadcasting, and of broadcasting and other media, should be incorporated in any future Directive, without prejudice to the other initiatives to be undertaken by the Commission as requested by the European Parliament in its aforementioned resolution of 20 November 2002; hopes that the amendment of Directive 89/552/EEC or the new Directives on audiovisual content will include rules on ownership of televisual media that will ensure pluralism in the field of information and culture; 40.
Believes that clear limits must be placed on the ownership and control of management of audiovisual communications media; 41.
Believes that clear limits must be placed on the ownership and control of management of audiovisual communications media; 41.
Calls on the Commission to monitor levels of media concentration in Europe and to draw up an updated Green Paper on this issue by the beginning of 2004.'
Calls on the Commission to monitor levels of media concentration in Europe and to draw up an updated Green Paper on this issue by the beginning of 2004.'
Definition of pluralism
Definition of pluralism
Although many definitions of pluralism exist, the rapporteur considers that the following text provides a clear definition “..
Although many definitions of pluralism exist, the rapporteur considers that the following text provides a clear definition “..
‘Political’ pluralism is about the need, in the interests of democracy, for a range of political opinions and viewpoints to be expressed in the media.
‘Political’ pluralism is about the need, in the interests of democracy, for a range of political opinions and viewpoints to be expressed in the media.
Democracy would be threatened if any single voice, with the power to propagate a single viewpoint, were to become too dominant' , and that "‘Cultural’ pluralism is about the need for a variety of cultures, reflecting the diversity within society, to find expression in the media.
Democracy would be threatened if any single voice, with the power to propagate a single viewpoint, were to become too dominant' , and that "‘Cultural’ pluralism is about the need for a variety of cultures, reflecting the diversity within society, to find expression in the media.
Cultural diversity and social cohesion may be threatened unless the cultures and values of all groupings within society (for example those sharing a particular language, race, or creed) are reflected in the media.”
Cultural diversity and social cohesion may be threatened unless the cultures and values of all groupings within society (for example those sharing a particular language, race, or creed) are reflected in the media.”
Gillian Doyle (2003): Media Ownership: the economics and politics of concentration in the UK and European media.
Gillian Doyle (2003): Media Ownership: the economics and politics of concentration in the UK and European media.
London: Sage. pp 12.
London: Sage. pp 12.
It should be noted that, not withstanding the importance of "cultural" pluralism, Although both equally important, this report focuses primarily on the respect of "political" pluralism and does not for example examine the extent to which cultural diversity is protected by the television without frontiers directive.
It should be noted that, not withstanding the importance of "cultural" pluralism, Although both equally important, this report focuses primarily on the respect of "political" pluralism and does not for example examine the extent to which cultural diversity is protected by the television without frontiers directive.
Need for review
Need for review
Various factors point to a need to update the legal framework to ensure the protection of pluralism in the Member States.
Various factors point to a need to update the legal framework to ensure the protection of pluralism in the Member States.
Member States should themselves be expected to take the measures necessary to ensure pluralism, and they need to have adequate tools to do so.
Member States should themselves be expected to take the measures necessary to ensure pluralism, and they need to have adequate tools to do so.
Nonetheless, not all matters of concern can be solved as, for example, commercial pressure, issues of supply and demand and the need for advertising revenue.
Nonetheless, not all matters of concern can be solved as, for example, commercial pressure, issues of supply and demand and the need for advertising revenue.
So far, the issue of pluralism in the media has only been dealt with indirectly, as the Community's legislators have taken the view that it was not for them to intervene on the matter without a specific provision in the Treaties.
So far, the issue of pluralism in the media has only been dealt with indirectly, as the Community's legislators have taken the view that it was not for them to intervene on the matter without a specific provision in the Treaties.
The Draft Constitution prepared by the European Convention states that pluralism is a fundamental value of the European Union.
The Draft Constitution prepared by the European Convention states that pluralism is a fundamental value of the European Union.
However, with the Amsterdam and Nice Treaties the Union's constitutional framework has changed, the protection of fundamental rights is now one of the defining elements and priority objectives of both the Union and the Community (the Community being the Union's more structured core) It is not possible for a country to be a member of the Community without also being a member of the Union (Article 48 TEU). .
However, with the Amsterdam and Nice Treaties the Union's constitutional framework has changed, the protection of fundamental rights is now one of the defining elements and priority objectives of both the Union and the Community (the Community being the Union's more structured core) It is not possible for a country to be a member of the Community without also being a member of the Union (Article 48 TEU). .
There is consequently a need to review the existing competences and legislation of the Union in the light of the obligation of the EU to ensure the respect of fundamental rights within its internal legal system.
There is consequently a need to review the existing competences and legislation of the Union in the light of the obligation of the EU to ensure the respect of fundamental rights within its internal legal system.
The European Court of Human rights considers that a state whose internal legal order does not prohibit violations may itself be violating the Convention of Human Rights.
The European Court of Human rights considers that a state whose internal legal order does not prohibit violations may itself be violating the Convention of Human Rights.
Secondly, there is a need to update the legal framework for the media market, especially that for 'television without frontiers' This applies both at Union and at Council of Europe level.
Secondly, there is a need to update the legal framework for the media market, especially that for 'television without frontiers' This applies both at Union and at Council of Europe level.
The latter's Convention on Transfrontier Television of 5 May 1989 is a major reference point for the EU Member States. , in order to respond to a number of economic, legal and institutional challenges:
The latter's Convention on Transfrontier Television of 5 May 1989 is a major reference point for the EU Member States. , in order to respond to a number of economic, legal and institutional challenges:
- the exponential growth, in Europe The Commission's most recent report on the audiovisual sector in Europe ( COM(2001) 9 ) stated that at the beginning of 2000 there were in the EU, including land-based, satellite and cable channels, over 580 channels of national coverage (there are now probably about 1000, if one considers the numbers for 2000 as compared 1998 - + 58% - and 1996 - + 170%).
- the exponential growth, in Europe The Commission's most recent report on the audiovisual sector in Europe ( COM(2001) 9 ) stated that at the beginning of 2000 there were in the EU, including land-based, satellite and cable channels, over 580 channels of national coverage (there are now probably about 1000, if one considers the numbers for 2000 as compared 1998 - + 58% - and 1996 - + 170%).
At the same time, the turnover of the radio and TV broadcasting sector in the EU was estimated to be EUR 62 bn, while TV advertising revenue accounted for a market in the region of EUR 22 bn.
At the same time, the turnover of the radio and TV broadcasting sector in the EU was estimated to be EUR 62 bn, while TV advertising revenue accounted for a market in the region of EUR 22 bn.
The Commission noted the paradox that the exponential growth of networks and media has not been accompanied by an increase or diversification in content or by significant changes in user habits: there has been no increase in time dedicated to the new media rather than the television; users continue to favour a limited number of programmes; and the respective market shares of private and public networks have not changed. and generally, of services related to the information society The development of interactive services is rendering obsolete the restriction of the directive to 'mass communications' and its exclusion of on-demand services (e.g. pay-per-view television).
The Commission noted the paradox that the exponential growth of networks and media has not been accompanied by an increase or diversification in content or by significant changes in user habits: there has been no increase in time dedicated to the new media rather than the television; users continue to favour a limited number of programmes; and the respective market shares of private and public networks have not changed. and generally, of services related to the information society The development of interactive services is rendering obsolete the restriction of the directive to 'mass communications' and its exclusion of on-demand services (e.g. pay-per-view television).
Cf. the comments of the EBU (European Broadcasting Union) when consulted on the revision of the directive on 'television without frontiers'. ;
Cf. the comments of the EBU (European Broadcasting Union) when consulted on the revision of the directive on 'television without frontiers'. ;
- the accelerating globalisation of the markets In the audiovisual sector, not only films but also television programmes are now distributed via more than one type of broadcasting technique (analog, digital, satellite and cable) and on several national markets. ;
- the accelerating globalisation of the markets In the audiovisual sector, not only films but also television programmes are now distributed via more than one type of broadcasting technique (analog, digital, satellite and cable) and on several national markets. ;
- media convergence (as intensified by the progress of digital technology);
- media convergence (as intensified by the progress of digital technology);
- the increasing concentration of media ownership Of the ten leading groups at world level, 4 are European.
- the increasing concentration of media ownership Of the ten leading groups at world level, 4 are European.
The process of concentration is intensified by the circumstance that, unlike their public-sector counterparts, private broadcasters derive their revenue essentially from advertising, thus draining resources that were previously available for other economic sectors.
The process of concentration is intensified by the circumstance that, unlike their public-sector counterparts, private broadcasters derive their revenue essentially from advertising, thus draining resources that were previously available for other economic sectors.
Concentration among economic operators also feeds on the need for ever higher levels of investment on the part of newcomers if they are to obtain a significant audience share.
Concentration among economic operators also feeds on the need for ever higher levels of investment on the part of newcomers if they are to obtain a significant audience share.
The chances are thus reduced of newcomers being able to obtain sufficient advertising revenues to compensate for the capital invested, even in the long term. ;
The chances are thus reduced of newcomers being able to obtain sufficient advertising revenues to compensate for the capital invested, even in the long term. ;
- restrictions on the freedom of journalists See the judgements of the Constitutional Court of 10 July 1974 (Nos 225 and 206) and 28 July 1976 (No 202) on Law No 103 of 14 April 1975 (GURI, 17 April 1975, No 102), the negative opinion from the Constitutional Court, in its judgement of 21 July (No 148), which criticised the lack of anti-trust legislation and the resultant de facto and de jure creation of monopolies and oligopolies.
- restrictions on the freedom of journalists See the judgements of the Constitutional Court of 10 July 1974 (Nos 225 and 206) and 28 July 1976 (No 202) on Law No 103 of 14 April 1975 (GURI, 17 April 1975, No 102), the negative opinion from the Constitutional Court, in its judgement of 21 July (No 148), which criticised the lack of anti-trust legislation and the resultant de facto and de jure creation of monopolies and oligopolies.
The Constitutional Court, Judgement No 826/88, Judgement of 1994 (No 420, GURI No 51, 14 December 1994) and Judgement 466/2002. ; and
The Constitutional Court, Judgement No 826/88, Judgement of 1994 (No 420, GURI No 51, 14 December 1994) and Judgement 466/2002. ; and
- the enlargement of the European Union to the central and eastern countries, countries which do not have a tradition of a free and pluralist media.
- the enlargement of the European Union to the central and eastern countries, countries which do not have a tradition of a free and pluralist media.
Thirdly, the question arises whether pluralism is adequately protected in the Member States and whether there is pluralism is adequately protected from possible abuse, such as, for example, a single significant provider which uses all its media sources to present a single viewpoint or a government which influences the media to present its viewpoint.
Thirdly, the question arises whether pluralism is adequately protected in the Member States and whether there is pluralism is adequately protected from possible abuse, such as, for example, a single significant provider which uses all its media sources to present a single viewpoint or a government which influences the media to present its viewpoint.
A preliminary investigation by the European Institute for the Media has highlighted that in each of the Member States and accession countries it has examined there are issues which could be the subject of further investigation.
A preliminary investigation by the European Institute for the Media has highlighted that in each of the Member States and accession countries it has examined there are issues which could be the subject of further investigation.
In particular, of course, there is the situation in Italy See for example, "The impact of media concentration on professional journalism" OSCE Representative on freedom of the media. which presents an anomaly due to a unique combination of economic, political and media power in the hands of Silvio Berlusconi and as a result the Italian Government seems to be, directly or indirectly, in control of all national television channels.
In particular, of course, there is the situation in Italy See for example, "The impact of media concentration on professional journalism" OSCE Representative on freedom of the media. which presents an anomaly due to a unique combination of economic, political and media power in the hands of Silvio Berlusconi and as a result the Italian Government seems to be, directly or indirectly, in control of all national television channels.
Although the situation is unique, it could nonetheless arise in other Member States and therefore the EU should act now to ensure that adequate safeguards are in place in the Member States.
Although the situation is unique, it could nonetheless arise in other Member States and therefore the EU should act now to ensure that adequate safeguards are in place in the Member States.
Right of freedom of expression and information
Right of freedom of expression and information
Article 11 of the Charter European Charter of Fundamental Rights, proclaimed by the Union institutions at Nice in December 2000 (http://ue.eu.int/df/default.asp?lang=en).
Article 11 of the Charter European Charter of Fundamental Rights, proclaimed by the Union institutions at Nice in December 2000 (http://ue.eu.int/df/default.asp?lang=en).
(Freedom of Expression and Information) reads:
(Freedom of Expression and Information) reads:
Everyone has the right to freedom of expression.
Everyone has the right to freedom of expression.
This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
The freedom and pluralism of the media shall be respected.'
The freedom and pluralism of the media shall be respected.'
This is the most recent formulation of a fundamental right which was proclaimed for the first time in Article 11 of the Declaration of the Rights of Man and the Citizen of 26 August 1789 'The free communication of ideas and opinions is one of the most precious of the rights of man; every citizen can then freely speak, write, and print, subject to responsibility for the abuse of this freedom in the cases is determined by law.' , and subsequently in Article 19 of the Universal Declaration of Human Rights adopted by the UN General Assembly on 10 December 1948 This article reproduces Article 19(2) of the International Pact on Civil and Political Rights of 16 December 1966. , and, as far as Europe is concerned, in the Final Act of the Helsinki Conference of 1 January 1975 and, above all, in Article 10 of the European Convention on the Protection of Human Rights The remarks attached to Article 11 of the Charter are as follows: '1.
This is the most recent formulation of a fundamental right which was proclaimed for the first time in Article 11 of the Declaration of the Rights of Man and the Citizen of 26 August 1789 'The free communication of ideas and opinions is one of the most precious of the rights of man; every citizen can then freely speak, write, and print, subject to responsibility for the abuse of this freedom in the cases is determined by law.' , and subsequently in Article 19 of the Universal Declaration of Human Rights adopted by the UN General Assembly on 10 December 1948 This article reproduces Article 19(2) of the International Pact on Civil and Political Rights of 16 December 1966. , and, as far as Europe is concerned, in the Final Act of the Helsinki Conference of 1 January 1975 and, above all, in Article 10 of the European Convention on the Protection of Human Rights The remarks attached to Article 11 of the Charter are as follows: '1.
Article 11 corresponds to Article 10 of the European Convention on Human Rights, which reads as follows: '1.
Article 11 corresponds to Article 10 of the European Convention on Human Rights, which reads as follows: '1.
This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.'
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.'
Pursuant to Article 52(3) of the Charter, the meaning and scope of this right are the same as those guaranteed by the ECHR.
Pursuant to Article 52(3) of the Charter, the meaning and scope of this right are the same as those guaranteed by the ECHR.