The right to freedom of expression and information constitutes one of the essential foundations of democratic society. In conflict situations and wars, the role of the media is critical in providing the public with accurate and timely information. Trustworthy news and images can contribute to the protection of civilians and conflict prevention, bring to the attention of the international community the horrors and reality of conflict and expose violations of human rights and international humanitarian law.

As a consequence, the work of journalists in conflict zones is fraught with dangers: denial of access, censorship, harassment, arbitrary detention and attacks are alarmingly frequent. As others who decide to work in conflict areas, journalists take consciously a special risk by working there. However, they are considered civilians and, as such, should not be targeted. Member states should recognise the crucial importance and role of journalism and the media – and ultimately individual journalists – in times of conflict and aggression. Safety of journalists in conflict areas is instrumental to that end.

Conflict situations are also often a fertile soil for mass disinformation campaigns intended to undermine the proper understanding of the developments, as well more generally, security, public order and peaceful democratic processes. There is a vital need to develop tools to more effectively protect democracy from “information weapons”, while preserving freedom of expression and freedom of the media both in the countries involved in the conflict and more widely.

Journalism in situations of conflict and aggression - principles from the relevant Council of Europe and other international standards

Voltar Electronic evidence of war crimes and the role of journalists, media and social media

Electronic evidence of war crimes and the role of journalists, media and social media

The webinar "Electronic evidence of war crimes. The role of journalists, media and social media” was held on 25 November 2022 in Strasbourg organized by the Group of Friends on the Safety of Journalists and Media Freedom and the Council of Europe.

Mr Eliot Higgins, founder of Bellingcat, British journalist and Anna Babinets, Editor-in-Chief of Slidstvo.info investigative agency shared experience in collection and archiving of the data on war crimes of the Russian military in Ukraine.

Mr Eliot Higgins shared the unique experience of Bellingcat in collecting the evidence of crimes using open sources and lessons learned in process of archiving the data generated during the war in Syria. Mr. Higgins presented the web resource Civilian Harm in Ukraine which contains geolocated data on incidents in Ukraine that have resulted in potential civilian harm. Bellingcat is working on creating a platform which allows multiple archives to be indexed and turned into searchable platform.

Ms. Anna Babinets made a presentation on how investigative reporters documenting war crimes in Ukraine and informed about the project aiming to identify servicemen of the Russian Federation who are directly involved in Russian war against Ukraine. The goal of this project and multiple civil society initiatives in Ukraine is gathering of evidence of crimes committed by individuals during hostilities for further use by the Ukrainian and international investigators and providing this evidence to Ukrainian courts and the International Criminal Court.

Mr. Taras Semkiv, Deputy Head of the Department of Countering the Crimes Committed During Armed Conflict of the Prosecutor General`s Office of Ukraine, reported about the challenges of documenting war crimes in Ukraine and also informed about cooperation with the journalists and media.

The Ukrainian law enforcement bodies reported that during nine months of war, there are 67 thousand crimes registered related to the aggression of the Russian Federation, among which 46,6 thousand are war crimes. Besides the work of the law enforcement bodies, there are more actors who track the atrocities in Ukraine, and these are the journalists and the media. Their role, as well as role of social media, human rights activists and ordinary citizens is huge in collecting, preserving, and verifying open-source information related to the war crimes.

Strasbourg 29 November 2022
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Annual Report 2023 by the Partner Organisations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists “War in Europe and the Fight for the Right to Report"

Recommendation CM/Rec(1996) 4 on the protection of journalists in situations of conflict and tension

Specifically addressing the situations of conflict and tension, focusing on the protection of the physical safety of journalists, rights and working conditions of journalists and investigation of instances of attacks on the physical safety of journalists. The Recommendation provides, among others, that accreditation systems should only be introduced to the extent necessary in particular situations, subject to a number of conditions.

CM Guidelines on protecting freedom of expression and information in times of crisis (2007)

This document provides guidance to Member States on how to ensure to the maximum of their ability the safety of media professionals in times of crises while also guaranteeing their freedom of movement and access to information. Military and civilian agencies managing crisis situations should take practical steps to promote communication with media professionals, including through briefings, press conferences and press tours. They should do so on an equal basis and without discrimination. The guidelines call on member States to protect journalists’ sources of information and material, to provide guarantees against the misuse of defamation legislation and undue limitations on freedom of expression and information and warns against the manipulation of public opinion. The guidelines also address media professionals and their employers on their special responsibilities in times of crises, the former in terms of adherence to the highest professional and ethical standards, and the latter in terms of provision of training, safety equipment and insurance. The guidelines further stress the need to strive for dialogue and cooperation between governments, the media, national and international governmental and non-governmental organisations to ensure the protection of freedom of expression and information in times of crisis.

Declaration of the Committee of Ministers on the protection of journalists in situations of conflict and tension

The Committee of Ministers solemnly reaffirms that all journalists working in situations of conflict and tension are, without qualification, entitled to the full protection offered by applicable international humanitarian law, the European Convention on Human Rights and other international human rights instruments.

The Committee of Ministers considers in this context that, in urgent cases, the Secretary General could take speedily all appropriate action on receipt of reports on infringements of rights and freedoms of journalists in member states in situations of conflict and tension and calls on the member states to co-operate with the Secretary General in this regard.

 

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

Many provisions are largely relevant and to be considered applicable in both conflict and non- conflict situations.

Protection

Paragraph 14: Member States should take into account the specific nature and democratic value of the role played by journalists and other media actors in particular contexts, such as in times of crisis, during election periods, at public demonstrations and in conflict zones. In these contexts in particular, it is important for law enforcement authorities to respect the role of journalists and other media actors covering demonstrations and other events. Press or union cards, relevant accreditation and journalistic insignia should be accepted by State authorities as journalistic credentials, and where it is not possible for journalists or other media actors to produce professional documentation, every possible effort should be made by State authorities to ascertain their status. Dialogue between State authorities and journalists’ organisations is moreover encouraged in order to avoid friction or clashes between police and members of the media.

Paragraph 16: Member States should encourage media organisations, while not encroaching on their editorial or operational autonomy, to fulfil their institutional responsibilities towards all journalists and other media actors working for them – in salaried, freelance and all other capacities. This may include the adoption of in-house guidelines and procedures for the deployment of journalists and other media actors on difficult or dangerous assignments, for instance in conflict zones. Such deployment should be voluntary and informed. Institutional responsibilities also include providing journalists and other media actors with adequate information, including on the risks involved, and requisite training in all matters of safety, digital security and privacy, as well as arranging for life assurance and health and travel insurance as part of a comprehensive and equitable package of work conditions. These institutional responsibilities additionally include, as relevant, the provision of legal support and representation and trauma counselling on return from assignments.

Safety, security, protection

Paragraph 26: The State should not unduly restrict the free movement of journalists and other media actors, including cross-border movement and access to particular areas, conflict zones, sites and forums, as appropriate, because such mobility and access is important for news and information-gathering purposes.

Paragraph 27: The effectiveness of a system of protection may be influenced by contextual factors, such as in crisis or conflict situations, where there are heightened risks for the safety and independence of journalists and other media actors, and where State authorities may experience difficulties in exerting de facto control over the territory. Nevertheless, the relevant State obligations apply mutatis mutandis in such specific contexts, which are at all times subject to international human rights law and international humanitarian law.

Implementation Guide for CM/Rec(2016)4

PACE Resolution 2217 (2018) Legal challenges related to hybrid war and human rights obligations

The Assembly notes with concern that, today, States are more and more often confronted with the phenomenon of “hybrid war”, which poses a new type of threat consisting of a combination of military and non-military techniques such as cyberattacks; mass disinformation campaigns, including fake news, in particular via social media; interference in election processes; disruption of communications and other networks; and many others.

The Assembly also expresses deep concern regarding numerous cases of mass disinformation campaigns intended to undermine security, public order and peaceful democratic processes. There is a vital need to develop tools to protect democracy from “information weapons”, while preserving freedom of expression and freedom of the media in the country under attack.

The Assembly recalls that when countering hybrid war, States are bound to respect human rights law.

PACE Recommendation 2130 (2018) Legal challenges related to hybrid war and human rights obligations

The Assembly recommends that the Committee of Ministers conduct a study on hybrid war threats, with a special focus on non-military means; step up co-operation with other international organisations working in this field, in particular the European Union and the North Atlantic Treaty Organization (NATO); promote the ratification by member and non-member States of the Convention on Cybercrime (ETS No. 185).

PACE Recommendation on Freedom of the press and the working conditions of journalists in conflict zones (2005)

The right to freedom of expression and information constitutes one of the essential foundations of democratic society. In conflict situations and wars, human rights and international humanitarian law are often violated. It is thus indispensable that the public receive information about such conflicts and wars. As others who decide to work in conflict areas, journalists take consciously a special risk by working there. They do so in order to provide news and comment about such conflicts and thus serve the public.

Report: Information disorder: Toward an interdisciplinary framework for research and policy making (2017)

Report: Information disorder: Toward an interdisciplinary framework for research and policy making (2017)

dismantled the complexity of the phenomenon by looking into its constituent elements, its mechanism and main patterns. The report offers a set of recommendations on addressing disinformation, and among them – a recommendation that technology companies should build fact-checking and verification tools.

Guidance note on Best practices towards effective legal and procedural frameworks for self-regulatory and co-regulatory mechanisms of content moderation

Guidance note on Best practices towards effective legal and procedural frameworks for self-regulatory and co-regulatory mechanisms of content moderation

is of immediate relevance and also contains some provisions regarding the use of flagging and other techniques related to fact-checking.

MSI-INF Committee of Experts on the Integrity of Online Information

MSI-INF Committee of Experts on the Integrity of Online Information

Under the authority of the Committee of Ministers, and of the Steering Committee on Media and Information Society (CDMSI), the MSI-INF is instructed to draft a Guidance Note on countering the spread of online mis- and disinformation through fact-checking and platform design solutions in a human rights compliant manner by the end of 2023.

Technical assistance and cooperation actions in time of war and conflict

Responsibilities of member states

Guarantee of safety

In conflict situations, member states should comply fully with the obligations applicable to them under international law related to the protection of civilians in armed conflict, including journalists and other media actors (hereinafter “journalists”). Member states should assure to the maximum possible extent the safety of both national and foreign journalists. They should instruct their military and police forces to give necessary and reasonable protection and assistance to journalists when so requested and treat them as civilians, provided that they take no action adversely affecting their status as civilians. The need to protect journalists should not be used as a pretext to restrict their rights. Member states should take appropriate steps to ensure that the killings and other attacks on journalists are effectively investigated and those responsible brought to justice.

Freedom of movement and access to information

Member states should guarantee freedom of movement and access to information to journalists, including cross-border movement and access to conflict zones. This includes issuing visas and other necessary documents, as well as facilitating the import and export of professional equipment. Member states should not restrict the public’s access to information beyond the limitations allowed by Article 10 of the European Convention on Human Rights.

Provision of information to the media

Military and civilian authorities should provide regular information to journalists and the media – on equal basis and without discrimination – through briefings, press conferences, press tours or other means. If possible, secure information centres with appropriate equipment should be set up for the media.

Protection of journalists’ sources of information and journalistic material

Journalists should not be required to disclose their sources of information or to hand over information and material gathered while covering conflict situations. Any exception to this principle should be in accordance with Article 10 of the European Convention on Human Rights and other relevant Council of Europe standards.1

 

1 Notably the relevant case law of European Court of Human Rights and Recommendation No. R (2000) 7 of the Committee of Ministers to member states on the right of journalists not to disclose their sources of information.

Guarantees against undue limitations on freedom of expression

Member states should use concrete and clearly defined terms when imposing restrictions of freedom of expression and information in conflict situations, notably regarding incitement to violence and public disorder. Member states should not misuse libel and defamation legislation to limit freedom of expression and should refrain from intimidating journalists by lawsuits or disproportionate sanctions.

Accreditation

Systems for the accreditation of journalists should be introduced only to the extent necessary and should facilitate the exercise of journalism in situations of conflict and tension. If required by national law, accreditation should be given to all media professionals without discrimination according to clear and fast procedures free of administrative obstacles. Furthermore, the exercise of journalism and journalistic freedoms should not be made dependent on accreditation. States should refrain from taking restrictive measures against journalists, such as withdrawal of accreditation or expulsion, on account of the exercise of their professional activities or the content of their reports.

War correspondents / Embedded journalists

Journalists who accompany the armed forces of a State without being members thereof are recognised the status of “war correspondents” or “embedded journalists”. They are civilians and may not be made the object of attack; they are entitled to prisoner-of-war status upon capture.

Derogations under Article 15 of the European Convention on Human Rights

In situations of war or other public emergency threatening the life of the nation, measures derogating from the state's obligation to secure these rights and freedoms are allowed to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law and meet the requirements of lawfulness, legitimate aims, necessity and proportionality.

Responsibilities of journalists

Adherence to professional and ethical standards

Journalists need to adhere to the highest professional and ethical standards in order to provide to the public timely, accurate and comprehensive information. Self-regulatory bodies as the most appropriate mechanism for ensuring responsible and professional reporting should continue performing their important role during conflict situations.

Countering the spread of propaganda and disinformation

Journalists should exercise vigilance in covering conflict situations where objective and quality journalism and reporting are key tools in countering propaganda and disinformation.

Responsibilities of media organisations

Deploying journalists to conflict zones

Media organisations should adopt in-house guidelines and procedures for the deployment of both salaried and freelance journalists on difficult or dangerous assignments, such as conflict zones. Such deployment should be voluntary and informed. Journalists should receive adequate information on the risks involved and training in all matters of safety, digital security and privacy.

Adequate working conditions

Media organisations should take appropriate preventive measures contributing to the protection of the physical safety of journalists working in conflict zones. They should adequately prepare dangerous missions in situations of conflict and tension by providing practical information and training to all journalists, whether staff or freelance, widely distributing “survival guides” and advisories as well as information on the availability of appropriate protection equipment. Media organisations should provide life insurance as well as health and travel insurance to the journalists deployed to conflict zones. Their institutional responsibilities additionally include, as relevant, the provision of legal support and representation and trauma counselling on return from assignments.

Responsibilities of civil society

Safety training

Journalism schools and professional associations are encouraged to provide as appropriate general and specialised safety training for media professionals.

Insurance for freelance journalists

International organisations of journalists are encouraged to facilitate the establishment of an insurance system for freelance media professionals covering conflict situations.

Support action to Ukraine

The Russian Federation’s military aggression against Ukraine brought dangers and casualties for media actors and media organisations in Ukraine. These include attacks on journalists, media workers taken to hostage, threats to journalists, shelling by Russian military of media infrastructure, captured radio frequency resources, spread of Russian propaganda.
The priority adjustments to the Council of Europe Action Plan for Ukraine includes measures aiming to enforce to safety of journalists and media, and of access to information in Ukraine.

Measure 1. Support to National TV and Radio Broadcasting Council of Ukraine and National Public Broadcasting Company (UA:PBC) in order to  enable their capacities to function under the new circumstances
  • Enabling a grant to UA:PBC May 2022
Measure 2. Facilitating Headquartered Hub for Media Support: Safety and Prevention of Information Disorder through information sharing and connecting to the Council of Europe/Platform for Safety of Journalism alerts
Measure 3. Assist the Ukrainian media and journalists’ organisations in informing public on war facilitating their conditions to work for reporting while internally displaced or refugeed