9th meeting: 19-20 May 2016

1. Opening of the meeting by Jan Kleijssen, Director, Information Society and Action against Crime

2. Adoption of the agenda

Draft agenda

For decision

Adopt the agenda.

3. Information by the Chair and the Secretariat

3.1 Draft Recommendation CM/Rec(2014)___of the Committee of Ministers to member States on protecting and promoting the right to freedom of expression and the right to private life with regard to network neutrality

[Draft] Recommendation CM/Rec(2014)___of the Committee of Ministers to member States on protecting and promoting the right to freedom of expression and the right to private life with regard to network neutrality [ CM(2015)119 ]

For information
Take note of the state of play.

3.2 Council of Europe Conference on “Freedom of Expression – still a precondition for democracy?” – Strasbourg, 13-14 October 2015

Council of Europe Conference on “Freedom of Expression – still a precondition for democracy?” – Strasbourg, 13-14 October 2015

Report of the conference

For discussion
Discuss follow-up on the outcomes of the conference.

3.3 New mandate of the CDMSI

Terms of reference of the CDMSI for 2016-2017, Terms of reference of the MSI-NET, Terms of reference of the MSI-MED [ CDMSI(2015)022 ]

For information and decision

Take note of information provided by the Secretariat on the state of play with regard to the new mandate of the CDMSI and its subordinate committees. Subject to decisions by the Committee of Ministers, invite CDMSI members to agree on the composition of MSI-MED and MSI-NET.

Draft composition of the Committee of experts on Media Pluralism and Transparency of Media Ownership – MSI-MED [ CDMSI(2015)019 ]

Draft composition of the Committee of experts on Internet Intermediaries – MSI-NET [CDMSI(2015)020]

4. Co-operation activities

Accomplished and ongoing projects in the field of media and freedom of expression [MEDIA-COOP(2016)01]

For information and discussion
Take note of information provided by Secretariat and discuss

5. Implementation of Council of Europe adopted standards and best practices

5.1 Hearing/workshop on implementation of Council of Europe standards on safety of journalists

Compilation and analysis of replies received from CDMSI members on the implementation of Council of Europe relevant standards on safety of journalists [CDMSI(2015)018rev2]

Concept note on the Hearing/workshop (hard copies distributed in the room) [CDMSI(2016)Misc2rev5]

For discussion and decision

Prepare in view of holding a hearing/workshop on the topic.

5.2 Initiatives in member States

Germany – Translation of the CM/Rec(2016)1 of the Committee of Ministers to member States on protecting and promoting the right to freedom of expression and the right to private life with regard to network neutrality.
Turkey – Recent developments
Poland – media law reform
Ukraine - National Council of Television and Radio Broadcasting [CDMSI(2016)Misc1]

For information and discussion
Take note and, where necessary, discuss the issues.

5.3 Defamation

Freedom of expression and defamation: A study of the case-law of the European Court of Human Rights

For discussion
Prepare discussion with the expert of the study Tarlach McGonagle

5.4 Fear in journalism

Study “Journalists at Risk: part of the job? “

For discussion
Take note of information provided by the Secretariat. Prepare presentation by and exchange of views with expert Marilyn Clark and discuss possible follow-up discussions in the CDMSI

5.5 Internet governance

Secretary General’s final report on the Council of Europe Internet Governance Strategy 2012-2015

Council of Europe Internet Governance Strategy 2016-2019

For discussion
Take note of the report.

Discuss the implementation of the strategy

European Dialogue on Internet Governance - EuroDIG (9-10 June 2016, Brussels)

EuroDIG - programme

Internet Governance Forum (Guadalajara, 6-9 Dec 2016 tbc)

1st IGF MAG open consultation meeting - Summary

For information
Take note of information provided by members and the Secretariat on the 2016 edition of EuroDIG and the 2016 meeting of the IGF and discuss.

6. Data protection

Terms of Reference of CAHDATA [CAHDATA(2016)ToR]

Consolidated text of the modernised version of Convention 108 (with reservations) Information document

Abridged Report of the 38th meeting of the Bureau of the T-PD (22-24 March 2016) [T-PD-BUR(2016)RAP38Abr]

Draft Recommendation on the protection of health data [T-PD-BUR(2015)10Rev2]

Draft Guidelines on the protection of individuals with regard to the processing of personal data in a world of Big Data [T-PD-BUR(2015)12Rev2]

For discussion
Take note of information provided by the Secretariat

Draft opinion on Passengers Name Records [T-PD-BUR(2015)11rev2]

Draft practical guide on the use of personal data in the police sector [T-PD(2016)02rev]

NB. These four documents are restricted

7. Work of other Council of Europe institutions and bodies

7.1 Secretary General’s initiatives

Comparative study on blocking, filtering and take-down of Internet content in the 47 member States

3rd Annual Report of the Secretary General on Democracy, Human Rights Democracy and the Rule of Law

For discussion
Take note of the report and discuss the issues.

Take note of the report and discuss the issues

7.2 Committee of Ministers

Recommendation CM/Rec(2016)1 of the Committee of Ministers to member States on protecting and promoting the right to freedom of expression and the right to private life with regard to network neutrality

Recommendation CM/Rec(2016)4 of the Committee of Ministers to member states on the protection of journalism and safety of journalists and other media actors

Recommendation CM/Rec(2016)5 of the Committee of Ministers to member states on Internet freedom and explanatory memorandum to the draft Recommendation

Council of Europe Internet Governance Strategy 2016-2019

Recommendation CM/Rec(2016)3 of the Committee of Ministers to member States on human rights and business

For information
Take note of the adoption by the Committee of Ministers of these recommendations and the Strategy

7.3 Parliamentary Assembly of the Council of Europe (PACE)

Committee of Ministers reply to Parliamentary Assembly Recommendation 2074 (2015) “Increasing transparency of media ownership” [CDMSI(2015)013rev]

Committee of Ministers reply to Parliamentary Assembly Recommendation 2075 (2015) “Media responsibility and ethics in a changing media environment” [CDMSI(2015)014]

Committee of Ministers reply to Parliamentary Assembly Recommendation 2077 (2015) Increasing co-operation against cyberterrorism and other largescale attacks on the Internet [CDMSI(2015)016rev]

For information
Take note of the replies.

CDMSI comments on PACE Recommendation 2085(2016) Strengthening the protection and role of human rights defenders in Council of Europe member States [CDMSI(2016)002rev]

For information
Take note of the state of play

Recommendation 2089(2016) “Intellectual property rights in the digital era”

For discussion
Take note of the CM invitation to comment and discuss

7.4 Commissioner for Human Rights

2015 Annual activity report

For information
Take note of information provided by the Secretariat

7.5 European Commission against Racism and Intolerance (ECRI)

ECRI General Policy Recommendation Combatting Hate Speech

For discussion
Prepare discussion with the Secretary of ECRI on possible synergies between the work of the two organs

7.6 Steering Committee for Heritage, Culture and Landscape (CDCPP)

Recommendation CM/Rec(2016)2 of the Committee of Ministers to member States on the Internet of citizens

For discussion
Prepare an exchange of views with the Secretary of CDCPP, Ms Katrin Merkle

7.7 European Committee on Legal co-operation (CDCJ)

Draft Recommendation of the Committee of Ministers to member states on the legal regulation of lobbying activities in the context of public decision-making.

CDMSI comments [CDMSI(2016)003rev2]

For information
Take note of the state of play

7.8 Committee of Experts on terrorism (CODEXTER)

CODEXTER meeting 8-10 April 2016 [Abridged report]

For discussion
Prepare discussion, if necessary, on the information by Maja Raković, representative of the CDMSI in the CODEXTER

7.9 European Audio-visual Observatory

Territoriality and impact on European works
Smart tv and data protection
On demand services and the material scope of the AVMSD.

Link IRIS, Hard copies in the room

For discussion
Prepare discussion, if necessary, on information provided by Maja Cappello

7.10 Participation of CDMSI members in meetings and events

High-level Launching Conference on the Council of Europe Strategy for the Rights of the Child 2016-2021, Sofia, 5-6 April 2016

Conference on national parliaments’ role in improving freedom, independence, transparency and diversity of media, London 11 April 2016 - programme

International Conference – hate Speech as a subject of Regulation and Self-Regulation in the Media – Sofia, 10-11 May 2016.

For information
Take note of information provided by CDMSI members participating in these events, respectively Elfa Ýr Gylfadóttir, Emir Povlakić, Mark Carvell.