Which of the following is the best expression of a pluralistic society in action

Democracy is a universally recognized ideal based on common values shared by people across the world, irrespective of cultural, political, social and economic differences. As recognized in the Vienna Declaration and Programme of Action, democracy is based on the freely expressed will of the people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives.

Democracy, development, rule of law and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. Democracy aims to:

• preserve and promote the dignity and fundamental rights of the individual;
• achieve social justice;
• foster the economic and social development of the community;
• strengthen the cohesion of society;
• enhance national tranquility; and
• create a climate that is favourable for international peace.

Democracy as a form of government is a universal benchmark for human rights protection; it provides an environment for the protection and effective realization of human rights. Today, after a period of increased democratization around the world, many democracies appear to be backsliding. Some Governments seem to be deliberately weakening independent checks on their powers, suffocating criticism, dismantling democratic oversight and ensuring their long-term rule, with negative impact on people’s rights.

The elements of democracy

For several years, the UN General Assembly and the former Commission on Human Rights endeavoured to draw on international human rights instruments to promote a common understanding of the principles and values of democracy.

In 2002, the Commission declared in resolution 2002/46 that essential elements of democracy include:

• Respect for human rights and fundamental freedoms, including freedom of opinion and expression, and freedom of association;
• Access to power and its exercise in accordance with the rule of law;
• The holding of periodic free and fair elections by universal suffrage and by secret ballot as the expression of the will of the people;
• A pluralistic system of political parties and organizations;
• The separation of powers;
• The independence of the judiciary;
• Transparency and accountability in public administration;
• Free, independent and pluralistic media.

Freedom of expression in times of conflict

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This annual review, based on the findings of Council of Europe bodies and monitoring mechanisms, is focussed on legal guarantees for freedom of expression, safeguards for the safety of journalists and others who speak up, independent and pluralistic media environment and reliability and trust of information.

The Media and Internet division of the Council of Europe is a reference point within the broad area of the work accomplished by different Council of Europe bodies on freedom of expression and media. The division also ensures the work of the Steering Committee on Media and Information Society (CDMSI).

The Media and Internet division issues publications on relevant topics and organises activities, such as conferences, seminars and other events to foster discussions on how to best preserve freedom of expression and information in Europe. It also ensures co-operation activities by offering expertise and assistance on Council of Europe standards to media and new-media actors, as well as guidance to governments and regulatory authorities in target countries. The aim is to foster an enabling environment for freedom of expression by taking into account the challenges of a changing media landscape.

The division works with various subjects under freedom of expression, such as protection of journalism and safety of journalists, decriminalisation of defamation, gender equality in the media, countering hate speech.

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Article 10 European Convention on Human Rights

Article 10 of the European Convention on Human Rights (“ECHR”) is at the core of the Council of Europe’s system for the protection of the right to freedom of expression. Principles regarding freedom of expression are further established by the European Court of Human Rights’ case law, which is steadily growing.

Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights (updated July 2015) contains summaries of over 240 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court’s online case-law database.)

 In his annual reports “State of Democracy, Human Rights and the Rule of Law”, the Secretary General of the Council of Europe assesses the freedom of expression in member states in respect of legal guarantees, protection of journalists and other media actors, media independence, plurality and diversity, and freedom of expression on the internet. These reports regularly identify trends and provide specific recommendations. 

A number of studies and reports have been commissioned by the Council of Europe on particular aspects related to media freedom. 

The Council of Europe has developed a consistent body of standards supporting media freedom, including topics such as hate speech, culture of tolerance, gender equality, public service media governance, safety of journalists etc. 

Criminal provisions on defamation still feature in the legislation of most Council of Europe member States. While the concept of defamation is to protect the reputations of individuals against injury, the concept must be brought in relation to freedom of expression and public debate.

Gender equality is a prerequisite for human rights, democracy and social justice. Equal access to media work and management posts for both sexes is indispensable and the presentation of men and women in the media must not undermine gender equality.

Hate speech has no universally accepted definition; the term is used to describe extremely negative discourse that constitutes a threat to social peace. The Media and Internet division works to raise awareness, to reduce the levels of acceptance and to develop policy consensus on instruments combating hate speech.

During this decade, the Council of Europe Information Society Programme has implemented over 20 projects in member states and partner countries promoting media freedom.

The aim is to foster an enabling environment for freedom of expression taking into account the challenges of a changing media environment. The projects provide human rights expertise and assistance to media and new- media actors, as well as guidance to governments and regulatory authorities in target countries. 

Since 2016 a special dialogue was established with national human rights mechanisms to better protect journalists. This dialogue with ombudsman institutions, press commissioners and non-governmental organisations focuses on exchanging good practices and strengthening national capacities to promote the safety of journalists. 

Media as facilitators of public debate are widely viewed as a key tool for managing the increasing diversity in society. When reporting on arrivals of refugees and migrants to Europe throughout 2015-2016 however, media have played a central role in framing these events as a “crisis”. This perspective contributed to negative and sometimes hostile attitudes amongst the public toward the newcomers. Two recent Council of Europe reports examine the role of media, the expectations and needs in the communication domain of migrants and refugees themselves, and the responses by community media.

The Council of Europe recognises the important role of public service media in upholding the fundamental right of freedom of expression, enabling people to seek and receive information, and promoting the values of democracy, diversity and social cohesion. It promotes the principle of sound governance as a decisive factor for public service media to deliver its vital contribution in the modern media environment.

In many countries journalists and other media actors are facing censorship, political and economic pressure, intimidation, job insecurity, abusive use of defamation laws as well as physical attacks. The member states of the Council of Europe have the duty to actively protect journalists in order to create an enabling environment for their journalistic activities.

Further policy reflections are geared towards promoting the essential role of quality journalism for providing timely, accurate and relevant information, as well as solutions for its sustainability.

Furthermore, media coverage of elections has an important impact on the public’s understanding of electoral stakes and influences the result of electoral competitions. However, as an important part of political campaigning is moving online, electoral spending and questionable advertising techniques based on micro-targeting of voters cause a number of concerns for the fairness and legitimacy of elections. Likewise, unbalanced and unfair media coverage of gender during elections requires a detailed analysis and policy solutions.

Following the decision of the Committee of Ministers on 16 March 2022 the Russian Federation is no longer a member of the Council of Europe. The website will be updated as soon as possible to take account of this development.

"Everyone has the right to freedom of expression"

Art. 10 European Convention on Human Rights

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