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Directorate-General Internal Policies

Policy Department C

CITIZENS" RIGHTS AND CONSTITUTIONAL AFFAIRS

THE INFORMATION OF THE CITIZEN IN THE EU:

OBLIGATIONS FOR THE MEDIA AND THE

INSTITUTIONS CONCERNING THE CITIZEN"S

RIGHT TO BE FULLY AND OBJECTIVELY

INFORMED

STUDY ID. N°: IPOL/C/IV/2003/04/01 AUGUST 2004

PE 358.896

EN

PE 358.896

EN 2 This study was requested by: the European Parliament"s Committee on Civil Liberties, Justice and

Home Affairs

This paper is published in the following languages: EN (original) and DE Author: Deirdre Kevin, Thorsten Ader, Oliver Carsten Fueg,

Eleftheria Pertzinidou, Max Schoenthal

European Institute for the Media, Düsseldorf

Responsible Official: Mr Jean-Louis ANTOINE-GRÉGOIRE

Policy Unit Directorate C

Remard 03 J 016 - Brussels

Tel: 42753

Fax:

E-mail: jantoine@europarl.eu.int

Manuscript completed in August 2004.

Paper copies can be obtained through:

- E-mail: poldep-citizens@europarl.eu.int - Site intranet:

Brussels, European Parliament, 2005

The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorized, provided the source is acknowledged and the publisher is given prior notice and sent a copy.

PE 358.896

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Table of Contents

Acknowledgements 3

Abstract 4

Executive Summary 5

Part I

Introduction 8

Part II: Country Reports

Austria 15

Belgium 25

Cyprus 35

Czech Republic 42

Denmark 50

Estonia 58

Finland 65

France 72

Germany 81

Greece 90

Hungary 99

Ireland 106

Italy 113

Latvia 121

Lithuania 128

Luxembourg 134

Malta 141

Netherlands 146

Poland 154

Portugal 163

Slovak Republic 171

Slovenia 177

Spain 185

Sweden 194

United Kingdom 203

Part III

Conclusions and Recommendations 211

Annexe 1: References and Sources of Information 253

Annexe 2: Questionnaire 263

PE 358.896

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Acknowledgements

The authors wish to express their gratitude to the following people for their assistance in preparing

this report, and its translation, and also those national media experts who commented on the country reports or helped to provide data, and to the people who responded to our questionnaire on media pluralism and national systems:

Jean-Louis Antoine-Grégoire (EP)

Kevin Aquilina (MT)

Péter Bajomi-Lázár (HU)

Maria Teresa Balostro (EP)

Andrea Beckers (DE)

Marcel Betzel (NL)

Yvonne Blanz (DE)

Johanna Boogerd-Quaak (NL)

Martin Brinnen (SE)

Maja Cappello (IT)

Izabella Chruslinska (PL)

Nuno Conde (PT)

Margaret Dean (UK)

Gillian Doyle (UK)

Lisa di Feliciantonio (IT)

Sigve Gramstad (NO)

Alison Harcourt (UK)

John Horgan (IE)

Éva Horváth (HU)

Karol Jakubowicz (PL)

Anita Kehre (LV)

Birute Kersiene (LT)

Carole Kickert (LU)

Beata Klimkiewicz (PL)

Daniel Knapp (DE)

Bertram Konert (DE)

Tadeuz Kowalski (PL) Gérard Laprat (EP) Evelyne Lentzen (BE) Emmanuelle Machet (FR) Bernd Malzanini (DE) Roberto Mastroianni (IT) Marie McGonagle (IE) Andris Mellakauls (LV) René Michalski (DE) Dunja Mijatovic (BA) António Moreira Teixeira (PT) Erik Nordahl Svendsen (DK) Vibeke G. Petersen (DK) Alberto Pérez Gómez (ES) Ruth-Blandina Quinn (IE) Peter Schierbeck (SE)

Rose Sciberas (MT)

Ojars Skudra (LV)

Milan Smid (CZ)

Solvita Štrausa (LV)

Maaret Suomi (FI)

Snezana Trpevska (MK)

Myria Vassiliadou (CY)

David Ward (UK)

Runar Woldt (DE)

Marina Yiannikouri (CY)

Ognian Zlatev (BG)

4 PE 358.896

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Abstract

This report presents the final results of the study: Information of the citizen in the EU: obligations for the media and the Institutions regarding the citizen"s right to be fully and objectively informed. The report contains an analysis from the twenty five EU member states : Austria, Belgium, Czech

Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy,

Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Spain, Slovakia, Slovenia,

Sweden and the United Kingdom in relation to:

▪ Freedom of expression, freedom of information, and freedom of the media ▪ Media ownership regulation ▪ Media landscape and main players ▪ Conclusions and overview Regarding media freedom and media ownership, the project addresses two broad and interconnected areas of media development which have a major impact on the role played by broadcasters and the

press industry in society and, more particularly, in democracy. The role of the media in a democratic

system involves the provision of information about political life and policy-making and assumes a transparent system allowing access to information. Additionally, the media are expected to provide

the citizen with a range of opinion and analysis regarding politics, and with platforms for debate on

these issues. The media is also referred to as the 'Fourth Estate" in a political system whereby it is

assumed that the media plays a role as watchdog for the public regarding the conduct of political and

government institutions and actors.

In examining the 'citizen"s right to be fully informed" the report outlines how the rights to 'freedom of

expression" and 'freedom of information" (and where relevant also the 'freedom of the media") are enshrined in national systems. The obligations of the media professionals (in terms of ethics and standards) with regard to these freedoms will be indicated through the codes of practice and systems

of regulation, which are in place. The fulfilment of obligations of institutions regarding these

freedoms can be expressed a) through the legal protection of these rights; and more qualitatively b) with reference to the practice of these freedoms as indicated in case law or in concrete examples.

The report will outline the regulation of media ownership and the media landscapes of the twenty five

countries.

Authors

Deirdre Kevin with

Thorsten Ader

Oliver Carsten Fueg

Eleftheria Pertzinidou

Max Schoenthal

The authors in preparing this report have tried as far as possible to ensure it contains up to date and accurate

information. Given the nature of the industry, it is possible that already some of the information may have

changed.

5 PE 358.896

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Executive Summary

In 2003 the European Parliamentary Committee on Citizen"s Freedoms and Rights, Justice and Home

Affairs requested a research report to examine the: "Information of the citizen in the EU: obligations

for the media and the Institutions concerning the citizen"s right to be fully and objectively informed";

and to: "verify with appropriate methodologies and statistical data to what extent the citizen

fundamental right to be fully and objectively informed (art. 11 of the Charter of Fundamental Rights of the European Union) is or is not insured within the EU Member and Candidate Countries; to verify

whether the power of the media and of their financing channels are in the hands of oligopolies; and to

propose appropriate remedies at EU level." 1

Just as the Council of Europe has historically based its work in the media field on Article 10 of the

European Convention of Human Rights, which deals with freedom of expression and information, the European Union now has a new impetus for action in this area with Article 11 of the Charter of Fundamental Rights of the European Union, and of the EU Constitution, which enshrines the right to information and freedom of expression.

The following report, based on research carried out between January and July 2004, attempts to

address the above questions in relation to the twenty-five European Union Member States.

This report examines the 'Media," at least the traditional media, a fairly wide all encompassing term.

The Committee"s main concern was with the citizens right to be 'fully and objectively informed" i.e.

to receive clear objective information regarding political, economic and social issues relevant to their

daily lives. Hence our concern should really be the purely 'informational" media. However, such media does not stand alone, or exist in a vacuum. Broadcasters inform and entertain. Publishers of

newspapers are frequently publishers of entertainment periodicals. Additionally, the integration of the

media implies that companies are frequently active in printing, distribution, advertising, broadcasting

and the Internet. Many of the companies presented in this report are such integrated multi-media actors. The globalisation of the media and the opening of markets additionally gives media companies the scope to diversify in new markets and new sectors. These are of course simple premises but need to be borne in mind when discussing the 'media". The media also produce products, which have specific importance both culturally and politically for society. Given the important role that the media play in disseminating information about the economy

and political actors, and of course in helping to influence opinion during election periods, it would be

unwise to imagine that there is any EU Member State where political actors do not need friends in the

media. Equally, it is probably not realistic to expect to find a system where 'full and objective"

information is available at all times regarding all issues. Hence, it is clear that there will always be

links between political and media actors, as politicians rely heavily on the media to bring their

message to the citizen. These links do of course serve to make the role of the authorities in regulating

the media rather more complicated. It is equally not so surprising that business and industrial actors have an immense influence on the

media. Public opinion regarding their products and services, and additionally regarding the effects of

business activities on society, working conditions and the environment are vital to the world of

business. They pay for the advertising that allows the media to function, they attempt to influence content through public relations and 'spin", and of course they buy in slowly, or rapidly, to media outlets in order to have greater influence (or at least some influence) on content and strategy.

1 Findings were used as data for the Report

on the risks of violation, in the EU and especially in Italy, of freedom of

expression and information (Article 11(2) of the Charter of Fundamental Rights)2003/2237(INI)) Committee on Citizens"

Freedoms and Rights, Justice and Home Affairs

Rapporteur: Johanna L.A. Boogerd-Quaak

6 PE 358.896

EN Despite this, there is sufficient concern regarding the impact of ownership and concentration to

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