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On 2 March 2005, the Committee of Ministers of the Council of Europe adopted a Declaration on freedom of expression and information in the media in the context of the fight against terrorism. In its declaration, the Committee of Ministers unequivocally condemns all acts of terrorism as criminal and unjustifiable, wherever and by whomever committed, and stresses the dramatic effect of terrorism on the full enjoyment of human rights. At the same time, it notes that every state has the duty to protect human rights and fundamental freedoms of all persons. The principles of freedom of expression and...

The Federal Government and the Länder, who agreed in 1996 to distinguish between tele- and media services, have decided to abolish the distinction in favour of a common regulatory system in order to take into account media convergence. It was announced at the telecommunications day organised by the industry association Bitkom in Berlin on 14 December 2004 that draft reforms of the law on tele- and media services should be put down for discussion in April 2005. They will include the total abolition of the current Mediendienstestaatsvertrag (Inter-State Agreement on Media Services) and its replacement...

On 15 December 2004, the Council of Europe’s Committee of Ministers (CM) adopted Recommendation Rec (2004) 16 on the right of reply in the new media environment. The Recommendation revises the CM’s Resolution (74) 26 on the right of reply - position of the individual in relation to the press, by revamping its key principles and provisions for the digital age. In its preambular section, the Recommendation acknowledges that the right of reply can be assured “not only through legislation, but also through co-regulatory or self-regulatory measures”. It emphasises as well that the right is “without...

The European Commission recently adopted a Communication which aims to launch a broad policy debate on an EU Information Society strategy up to 2010. This strategy will succeed the current eEurope Action plan which runs until the end of 2005 (see IRIS 2002-7: 4). In its Communication, the Commission reconfirms ICT as a key element of the Lisbon strategy and stresses its importance for overall economic performance and for the quality of life of EU citizens. In order to promote a wider use of ICT, it identifies a series of key policy challenges that the EU faces in the last five years of the Lisbon...

On 1 July 2004 Romania's Consiliul Na ional al ,t Audiovizualului, the regulatory authority for electronic media, adopted a decision that sets out detailed rules concerning the freedom of opinion of journalists and the restrictions imposed on such freedom as a result of personality rights (Decizia CNA privind protec ia demnita ii umane i a ,dreptului la propria imagine Nr. 248 din 1 iulie 2004). Article 1 of the Decision defines freedom of opinion and information. It states that restrictions on such freedom are possible in the interests of a democratic society, national security, territorial integrity...