CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 17 septembre 2009

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margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .sF8DCB537 { width:16.53pt; display:inline-block } .sC2C80E1C { width:180.76pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block }       FOURTH SECTION         CASE OF MANOLE AND OTHERS v. MOLDOVA   (Application no. 13936/02)             JUDGMENT     STRASBOURG   17 September 2009   FINAL   17/12/2009   This judgment may be subject to editorial revision. In the case of Manole and Others v. Moldova , The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Nicolas Bratza, President,   Josep Casadevall,   Giovanni Bonello,   Rait Maruste,   Lech Garlicki,   Ján Šikuta,   Stanislav Pavlovschi, judges, and Lawrence Early, Section Registrar , Having deliberated in private on 27 August 2009, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 13936/02) against the Republic of Moldova lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by nine Moldovan nationals (“the applicants”: see paragraphs 9-17 below), on 19 March 2002. 2.     The applicants, who had been granted legal aid, were represented by Mr V. Nagacevschi and Mr V. Gribincea acting on behalf of “Lawyers for Human Rights”, a non-governmental organisation based in Chişinău. The Moldovan Government (“the Government”) were represented by their Agent at the time, Mr V. Parlog. 3.     The applicants, who were all employed or formerly employed as journalists at Teleradio-Moldova (“TRM”), alleged that they were victims of a practice of undue political influence over editorial policy, in breach of Article 10 of the Convention. 4.     On 15 June 2004, a Chamber of the Fourth Section declared the application partially inadmissible and decided to communicate the complaints of the above nine applicants to the Government for observations. 5.     A hearing took place in public in the Human Rights Building, Strasbourg, on 8 March 2006 (Rule 59 § 3). There appeared before the Court: (a)     for the Government Mr   V. Parlog ,   Agent , Mrs   D. Sarcu , Mrs   L. Grimalschi, Mrs   I.Lupusor ,   Advisers ; (b)     for the applicants Mr   V. Nagacevschi , Mr   V. Gribincea ,   Counsel ,   The Court heard addresses by Mr Parlog, Mr Nagascevschi and Mr   Gribincea. 6.     By a decision of 26 September 2006, the Court declared the remainder of the application admissible. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE A.     Teleradio-Moldova 7.     “Teleradio-Moldova” (TRM) was created by Presidential decree as a State-owned company on 11 March 1994, out of the previously existing State broadcasting body. TRM's statutes were changed in 1995, 1996 and again in 2002, when it was transformed into a public company (see paragraphs 59, 60 and 65 below) and was registered as such on 26 July 2004. 8 .     In November 2004 a privately-owned Moldovan television station (NIT) began broadcasting nationally. Until that date, in addition to TRM, only one Romanian public channel (Romania 1) and one Russian public channel (ORT) could be viewed throughout Moldova. Romania 1 carried no local news and ORT introduced a daily 10-minute Moldovan news bulletin in 2002. While, in October 2004, 61% of Moldova's population was rural, cable television was available only in the big cities and the use of satellite television was largely undeveloped. According to the Government, a survey commissioned by the Centre of Independent Journalism (see paragraph 76 below) in 2004 found that TRM was the most-watched channel in Moldova and that TRM's evening news bulletin was the favourite television programme of approximately 20% of the population. B.     The applicants 9 .     Larisa Manole (the first applicant) had worked in television since 1982 and was the Head of TRM's Television News Section between 2001-2002 and editor and presenter of the evening news bulletin in Romanian. She left TRM in September 2002. 10.     Corina Fusu (the second applicant) edited and presented the morning entertainment show, as well as TRM's evening news bulletin and a programme dedicated to French culture. She joined TRM's predecessor in 1990 and was made redundant in November 2004. 11.     Mircea Surdu (the third applicant) was the editor-in-chief and presenter of a weekly evening talk-show on cultural, social and political issues. He joined TRM's predecessor in 1985 and was dismissed by the State Company in August 2004 but employed by the Public Company in August 2004. 12.     Dinu Rusnac (the fourth applicant) was a senior editor in the Television News Section and presented the evening news in Russian. He joined TRM in July 1994 and was made redundant in November 2004. 13.     Diana Donică (the fifth applicant) was a senior director of the Television Cultural Section and worked on the show presented by Mircea   Surdu. She joined TRM in August 1994 and was dismissed by the State Company in August 2004 but employed by the Public Company in August 2004. 14.     Leonid Melnic (the sixth applicant) was the producer of several programmes and talk-shows within the Television Cultural Section. He joined TRM's predecessor in August 1992 and was dismissed by the State Company in August 2004 but employed by the Public Company in August 2004. 15.     Viorica Cucereanu-Bogatu (the seventh applicant) worked as a special correspondent in the Television News Section. She joined TRM's predecessor in August 1979 and was made redundant in November 2004. 16.     Angela Aramă-Leahu (the eighth applicant) was a senior editor and presenter in the Television Cultural Section, as well as producer and presenter of an entertainment show. She joined TRM's predecessor in December 1983 and was made redundant in November 2004. 17 .     Ludmila Vasilache (the ninth applicant) was an editor and presenter of several programmes within the Television Cultural Section. She joined TRM's predecessor in February 1990. She was dismissed by the State Company in August 2004 but employed by the Public Company in August 2004. C.     The parties' submissions as regards undue political control at TRM between February 2001 and November 2004 1.     The applicants 18 .     According to the applicants, TRM was subjected to political control throughout its existence. However, after February 2001, when the Communist Party won a large majority in the parliamentary elections, a number of senior managers at TRM were removed and their positions filled with persons loyal to the Government. The restrictions on journalistic freedom of expression allegedly then became acute. 19.     The applicants alleged that the information disseminated on the news bulletins was strictly controlled by TRM's senior management. Whereas it had formerly been part of the first applicant's job to select news items and write the script for the part of the bulletin which she presented, after 2001 this task was taken over by the Head of the News Section, who would decide which items should be included on the basis of a schedule prepared by the State news agency “Moldpres”. The selection was submitted for approval to the President of TRM and the Director of Radio and Television. Material covering parliamentary, governmental or presidential sessions as well as local visits by official bodies would be given priority. 20.     Only a trusted group of journalists and technicians were used for interviews and reports of a political nature. Whereas before 2001 the journalists had had a large measure of editorial control, they were now given instructions as to the tone and direction that the piece should take; occasionally the entire script was dictated to them. Interviews and other reports which were not broadcast live were selected and edited to present the ruling party in a favourable light. 21.     In accordance with TRM policy, reports on the activities of pro-government bodies and officials would last between 3 and 5 minutes. Reports about other events would last between a maximum of 60 and 90   seconds. As a result two-thirds of the time allocated to news bulletins would be dedicated to reports on Government issues. Any conflict within the country or events organised by the opposition, non-governmental organisations or people with views other than those held by the ruling party would not be reported. No opposition party had access to air-time and a “black-list” was composed of prominent persons from political, cultural and scientific life who did not support the Communist Party and who were not, therefore, allowed access to TRM programmes. On the rare occasions when an opposition politician was given air-time, the interviews were truncated or the speech was overdubbed with journalistic comment or text provided by the Government news agency, Moldpres. 22.     Programmes other than the news bulletins were also subject to censorship. Controversial topics were forbidden; the identity of guests and studio audiences were controlled; live and interactive programmes were avoided and incoming telephone calls were screened. The weekly broadcasting schedule had to be approved by TRM's President. Programmes which he did not approve were omitted from the broadcasting schedule without prior notice to the viewers or the participants in the programme and without any explanation. 23.     The applicants alleged that the use of words and phrases such as “Romanian”, “Romanian language”, “Bessarabia”, “History of Romanians”, “totalitarian regime” were prohibited, as was any reference to historical periods such as the period between the two World Wars, the organised famine in the USSR, the Stalinist regime, the GULAG deportations and the period of national revival of 1989. 24.     The applicants identified a number of specific incidents during this period. These included a disciplinary measure brought against a journalist for using the expressions “totalitarian Communist regime”, “Communist Government” and “the Square of Great National Assembly” during a live report on Independence Day, 27   August 2001; the cutting of an interview with Mircea Snegur, the first President of Moldova, from a feature report on the evening news about Independence Day; the reprimand of a journalist who recorded an interview with the President of the Cinema Workers' Union during which the interviewee said that “in the period of the totalitarian regime churches were destroyed”; the cutting of an interview with the former Secretary General of the Communist Party, G.E., on 22   September 2001, because he said that “presently no light can be seen at the end of the tunnel” when referring to the economic situation in Moldova; the deletion of a programme, due to be shown on 28 October 2001, about the late singers Doina and Ion Aldea Teodorovici; the refusal to broadcast, on 13 February 2002, an interview with the parliamentarian Vlad Cubreacov regarding the replacement on the school curriculum of the subject “History of the Romanians” by the “History of Moldova”; the refusal to allow any coverage of the opposition position during a report on 22 February 2002 of a debate in Parliament about the socio-political situation; the censorship of a report of a press conference given by the deputy of the parliamentary faction “Alianţa Braghiş”, criticising Government proposals for territorial-administrative reform; the banning of reports about the Congress of Philologists and Conferences organised by Historians because opinions about the “History of Romanians” and the Romanian language were expressed; the banning, in April 2002, of a feature report about the inauguration of the Museum of National History which was dedicated to the victims of the Stalinist repressions; the banning of a feature report in July   2002 about Professor Elle Pelerino, because she referred to the Soviet deportation of ethnic Germans; the deletion, from a feature report in July   2002 about the late Gheorghe Ghimpu, of the title of his book “The national conscience of the Moldovan Romanians”; a ban during the Christmas seasons 2002 and 2003 of any interview with clergymen of the Metropolitan Church of Bessarabia. 25 .   On 28 November 2003 the “Bună Seara” talk show, presented by the applicant Mircea Surdu, was to be dedicated to a discussion of the plan for the federalisation of Moldova proposed by the Russian Federation. The guests on the show were Vladimir Filipov, the representative of the Council of Europe in Moldova, Klaus Neurkirh, the spokesman of the OSCE Mission, and the three leaders of the Parliamentary factions: Victor   Stepaniuc, Dumitru Braghiş and Iurie Roşca. Vladimir Filipov was told by the President of TRM a few hours before the broadcast was due to start that he need not attend as the show had been cancelled. The production team and presenter were not informed. The representative of the OSCE, Dumitru Braghiş and Iurie Roşca came to the studio. The public took their places and the show began. However, unknown to the participants, and without any explanation, it was not broadcast and a film was shown in its place. The journalists who had worked on it were subsequently interrogated by the police. 2.     The Government 26 .   The Government did not take issue with the specific incidents identified above by the applicants. However, they asserted that opposition politicians had access to national television and that the 2002 protests were reported, as shown by the texts of news programmes for the period 14-27   February 2002 and for occasional dates in April 2002, July 2002 and November 2003. In addition, the published TV Guides showed the following broadcasts on TRM: on 14   May 2004, a programme entitled “The Tribune of Political Parties”; on 12 July 2004, a programme entitled “Public Life”, with the participation of the President of Moldova; and on 15 July 2004, “The Democratic Process and Freedom of the Media”, with the participation of Mr V. Stepaniuc, the leader of the Communist parliamentary faction, Mr D. Braghiş, the leader of the Parliamentary faction “Moldova Democrată”, Mr M. Petrache, the leader of an extra-parliamentary party “Centrist Union”, and other persons who were not representatives of any political parties. 27.     Since 2002, to cater for the principal minority groups, TRM had broadcast programmes in six languages, namely Russian, Ukrainian, Gagaouz, Bulgarian, Rom and Yiddish. 28 .     During the 2005 electoral campaign, programmes such as “The Opposition's Hour” and subsequently “Counterpoint” allowed the opposition to express their point of view for one hour every week. Outside the electoral period, the programme “The Political Parties' Platform” provided ten minutes each week for an opposition politician to address the public. Furthermore, since 2005, all debates in Parliament had been broadcast on TRM's television and radio channels. D.     The 2002 protests and strike 29 .     From 9 January to May 2002 the principal opposition party at that time, the Christian Democratic People's Party, organised daily demonstrations against the Government's decision to modify the school history curriculum and reintroduce the compulsory study of Russian. The demonstrations, in the Square of the Great National Assembly outside the main Government building, involved tens of thousands of protesters (see further The Christian Democratic People's Party v. Moldova, no.   28793/02, ECHR 2006-II). 30.     According to the Government, the demonstrations were reported in TRM news bulletins, principally in feature reports by the applicant Corina   Fusu. The applicants, however, alleged that coverage of the demonstrations was very limited and strictly controlled so that, in particular, it was forbidden to give any information about the reasons for the protests or the views expressed by the opposition during the parliamentary debate. 31.     On 25 February 2002, 331 members of staff at TRM signed the following declaration of protest: “We, the employees of Teleradio-Moldova, note that after the Communist Party's victory in the elections, our freedom of expression has been impaired. Our viewers and listeners have been deprived of the right to accurate and impartial information. In fact, the authorities have restored, in national radio and television, Soviet-style political censorship, prohibited by the Constitution of Moldova. As a result 'Teleradio-Moldova' has become an instrument for brainwashing and the manipulation of public opinion, а mouthpiece of the ruling party. We protest against these totalitarian actions, which infringe the rights of television viewers, radio listeners and the freedom of the press as a whole. Breaches of democratic principles of this kind are dangerous, because they destabilise the political situation within our country. We express our solidarity with the actions of the demonstrators, aimed against the forced russification and deliberate destruction of the democratic system. We demand the abolition of censorship within the State Company Teleradio-Moldova and respect for the people's right to accurate, reliable and impartial information. We demand that the authorities respect the democratic and pro-European policy which the people of this country have chosen.” 32.     On 26 February 2002 the declaration was forwarded to the news agencies and several thousand people gathered in front of the TRM headquarters to protest against political control. Later that day, during the recording of the 7 p.m. news bulletin, the fourth applicant, Dinu Rusnac, refused to read from the script which he had been given which omitted any mention of the protests outside the TRM headquarters. The news crew began to broadcast a report about the demonstrations but, after a few minutes, the bulletin was interrupted and replaced with a documentary film. Military personnel were summoned to the studio. Larisa Manole was not permitted to present the Romanian language news bulletin at 9 p.m., because of her involvement in the protests. 33.     On 27 February 2002 a group of TRM staff decided to go on a “go-slow” strike and a Strike Committee was elected for that purpose. The Strike Committee sent TRM's President and the Government a list of demands, including the abolition of censorship, and the editors and news-casters decided to start producing uncensored news bulletins. A group of approximately 700 demonstrators gathered outside the TRM building.   34.     That afternoon (27 February 2002), the President of Moldova came to TRM and met with representatives of the Strike Committee. He stated that he was also opposed to censorship. However, he rejected a demand to offer the opposition one hour of air-time, on the ground that the demonstrations in the Square of the Great National Assembly were illegal. 35.   On 5 March 2002 the fourth applicant, Dina Rusnac, included in the script of the 7 p.m. news bulletin an item about the response of the Strike Committee to certain declarations of the President of Moldova and also an interview with the leader of the Christian Democratic Peoples Party, Iurie   Roşca. The Head of the News Section deleted these paragraphs from the script. During the programme, which was broadcast live, Mr Rusnac made allegations of censorship and held the redacted script up to camera. Immediately, the Section Head ordered the technician to cut the sound. 36 .     On 7 March 2002 Parliament created a special Parliamentary Commission to elaborate a “strategy for improving the work of [TRM]”. E.     Disciplinary measures against the first and fourth applicants 37 .     Following the events of 27 February 2002, the first applicant, Larisa Manole, who had formerly read the news in Romanian every evening, was permitted to present it only one or two evenings a week. On 6 March 2002, on the ground that she had made a mistake while reading the news, she was demoted from the position of editor and senior news-reader to that of a junior reporter and was no longer permitted to present the bulletin. 38.     She brought employment proceedings against TRM and on 11   September 2002 the Court of Appeal held in her favour, ordering TRM to reinstate her in her previous position of news-reader. TRM did not, however, comply with the judgment and Ms Manole never got her former job back. She was not given enough work as a reporter and was allegedly subjected to harassment and censorship, to the point where she was no longer able to earn a living and had to resign on 13 November 2002. She then worked for a press agency and for another television company. 39 .     On 7 March 2002 the fourth applicant, Dinu Rusnac, was subjected to a disciplinary sanction in the form of a severe warning (“ mustrare aspră ”) for having departed from the authorised script of the news bulletin on his own initiative. In addition, he was demoted from his position of news-reader and deprived of the right to present any news programmes. 40.     He brought proceedings against TRM and, on 23   September 2002, the Court of Appeal annulled the disciplinary sanction on the ground that Mr Rusnac did not appear to have breached any contractual obligation by departing from the script. It rejected his claim to be reinstated as news-reader, however, since it found that he had no contractual right to this position which he had filled on the basis of an oral agreement only. On 25   October 2002 TRM withdraw the disciplinary sanction in compliance with the Court of Appeal's judgment. F.     The report of the Audiovisual Coordinating Council 41 .     Between 16 and 19 April 2002 the Audiovisual Coordinating Council (“ACC”: see paragraph 58 below) organised a series of meetings with managers and staff at TRM to discuss the issue of censorship and other problems facing the company. On 29 April 2002 the ACC published its conclusions, as follows: “Both the company's administration and the staff expressed their interest and desire to find a rapid solution to the conflict, which had given rise to demands and the creation of a strike committee. The discussions centred on two general themes: the politicised nature of the Strike Committee and the events that had occurred within [TRM]; social and administrative issues, with emphasis on the staff's unrealised creative potential. A long series of events led up to the strike. There had been a very high turnover of senior managers in the company's central administration and departments, which had serious ramifications. Contrary to their contracts of employment, certain journalists and assistant directors stopped complying with instructions relating to the preparation and broadcasting of programmes, which led to a slipping of established standards and disregard for the rules and requirements of broadcasting. The political bias of certain television journalists is shown by the fact that a group of them immediately gave their support to the demonstrations at the Great National Assembly Square organised by the parliamentary opposition party. Taking advantage of the situation this created, the journalists not only improperly breached professional procedures but also did their bit to aggravate the situation in the company by dividing the staff into two camps: 'us' and 'them'. ... Disciplinary sanctions, including the withdrawal of the presenter's licence, were imposed on the journalists who had violated broadcasting procedures. The biased statements of members of the Strike Committee were rejected by the majority of TRM staff. This led to the creation of the Anti-Strike Committee, which has no fewer members than the Strike Committee. The Strike Committee's action was not supported by TRM's Trade Union Committee. The members of the Strike Committee presented demands not only to the company's administration and the Government but also to the Council of Europe, without informing the Audiovisual Coordinating Council. With regard to the notions of 'censorship' and 'application of censorship' in the creative process, there was an attempt to qualify as 'censorship' the basic requirements imposed by the duty to comply with the obligations of service. At the same time the notions of both 'external' and 'internal' censorship were broached. In fact, they have tried to use the existence of censorship to justify their own poor quality work and lack of professionalism. Journalists have failed properly to perform the tasks which senior management, with the aim of producing impartial programmes, have entrusted to them. The basic requirements of professionalism are interpreted as a form of diktat or censorship. Nonetheless, it cannot be ruled out that certain directors attempted to conduct their own live broadcasting in favour of the party line of the parliamentary majority. Attempts by representatives of State power to influence the message conveyed by programmes still persist, although the ACC does not have any concrete examples of this. It is easy to understand that this form of improper influence has led to protests on the part of creative staff. This is typical of television. Thus, 'political censorship' has been defined as a lack of professionalism on the part of certain directors regarding the organisation of the creative process. 'Political censorship' has evolved into 'intellectual censorship'. It has also been observed that the company's administration does not forbid the use of the words Bessarabia, Romanian, Romanian language, Romanian history, or totalitarian regime in a historical context; however, it does not allow their use in reports about current events. The demands of the members of the Strike Committee have been given air-time. ... TRM's Statute was subjected to the scrutiny of the European Union before being adopted by the Government. However, certain Articles and provisions have not yet been reflected in TRM's creative activity or in the relations between management and staff. The proposals to change the State company into a public institution are aspirational and do not have a financial basis. ... So, the ACC, having examined the state of affairs in the State-owned company Teleradio-Moldova, considers that The permanent practice of changing directors and the exertion of pressure on creative staff, which is interpreted as the application of censorship, are incompatible with the activity of the creative workforce. The Statute of the State-owned company Teleradio-Moldova and the possible creation in the future of public posts in television and radio broadcasting should be publicly examined. The provisions of the Statute must be strictly complied with by the company, whose responsibility it is to set up a collegial Board of Directors. The definitive decision regarding the provision of powerful equipment and funding, including remuneration, should be taken by Parliament and the Government. The Statute and composition of the Television and Radio Artistic Commission, and the instructions for preparing and launching programmes must be re-examined. Provision must be made for permanent review of the legislation pertaining to the audiovisual sector and with full responsibility. The procedures for the training and reorientation of staff must be revised, and training programmes organised in studios abroad.” G.     Transformation of TRM into a public company and the reinstatement procedure 42 .     On 7 June 2002 the President of Moldova made a statement to the press concerning TRM. He expressed his reservations as regards the Resolution of the Parliamentary Assembly of the Council of Europe urging the Moldovan authorities to transform the State Company TRM into a Public Company (see paragraph 61 below), but declared that he would accept Parliament's decision to make such a change. 43.     On 26 July 2002 Parliament enacted Law no. 1320-XV on the Public Audiovisual Institution, “Teleradio-Moldova”, by which the State Company became a Public Company (see paragraph 65 below). 44.     According to the new law, the staff of the old State Company had to pass an examination in order to be employed at the new Public Company. An Examination Commission was appointed in May 2004. The applicant Mircea Surdu was chosen to represent existing TRM staff in the Commission. 45.     All the applicants sat the examination. The results were made public on 26 July 2004. Corina Fusu, Dinu Rusnac, Viorica Cucereanu-Bogatu, and Angela Arama-Leahu failed to be confirmed in their posts, together with a large number of the persons who had been active during the 2002 strike. Mircea Surdu resigned from the Examination Commission in protest. 46.     On 27 July 2004 the journalists who had not been retained in post organised a press conference at which they contended that they had been dismissed for political reasons. A feature report about that press conference was scheduled for the 7 p.m. news bulletin. However, the President of TRM took the decision to broadcast a nature documentary instead. 47.     On the same date, the President of TRM issued an order by which nineteen of the individuals who had taken part in the press-conference, including five of the applicants, were banned from entering TRM premises. The journalists and their supporters continued their protest outside the TRM building for approximately several months. H.     Litigation concerning the reinstatement procedure 48.     The applicants Corina Fusu, Angela Aramă-Leahu, Dinu Rusnac and 57   other individuals complained to the Administrative Chamber of the Chişinău Court of Appeal about the unlawfulness of the reinstatement procedure, claiming in particular that the Examination Panel had been unlawfully constituted. 49 .     By a judgment of 24 September 2004 the Chişinău Court of Appeal dismissed the action as unfounded. It found, inter alia , that the Examination Panel had been constituted pursuant to Law No. 1320-XV of 26 July 2002, and that this Law did not grant the applicants any specific rights as to the organisation of the examination. TRM had acted within its discretionary powers under the law and there was no right to challenge legislative provisions. 50 .     On 16 March 2005 the Supreme Court of Justice dismissed the appeal as unfounded. II.     PRINCIPLES AND GUIDELINES ON PUBLIC SERVICE BROADCASTING DEVELOPED BY THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE 51 .     At the Fourth European Ministerial Conference on Mass Media Policy in Prague, 7-8 December 1994, the Committee of Ministers adopted the following resolutions: Resolution No.   1 on The Future of Public Service Broadcasting “... Acknowledging that public service broadcasting, both radio and television, support the values underlying the political, legal and social structures of democratic societies, and in particular respect for human rights, culture and political pluralism; Stressing the importance of public service broadcasting for democratic societies; Recognising therefore the need to guarantee the permanence and stability of public service broadcasting so as to allow it to continue to operate in the service of the public; Underlining the vital function of public service broadcasting as an essential factor of pluralistic communication accessible to everyone; Recalling the importance of radio and stressing its great potential for the development of democratic societies, particularly at the regional and local levels; I.     General principles Affirm their commitment to maintain and develop a strong public service broadcasting system in an environment characterised by an increasingly competitive offer of programme services and rapid technological change; Acknowledge, in line with the conclusions adopted at the 1st European Ministerial Conference, that privately owned companies as well as public organisations may provide such a service; Undertake to guarantee at least one comprehensive wide-range programme service comprising information, education, culture and entertainment which is accessible to all members of the public, while acknowledging that public service broadcasters must also be permitted to provide, where appropriate, additional programme services such as thematic services; Undertake to define clearly, in accordance with appropriate arrangements in domestic law and practice and in respect for their international obligations, the role, missions and responsibilities of public service broadcasters and to ensure their editorial independence against political and economic interference; Undertake to guarantee public service broadcasters secure and appropriate means necessary for the fulfilment of their missions; Agree to implement these commitments in accordance with the following framework: II.     Policy framework for public service broadcasting Public service requirements Participating States agree that public service broadcasters, within the general framework defined for them and without prejudice to more specific public service remits, must have principally the following missions: - to provide, through their programming, a reference point for all members of the public and a factor for social cohesion and integration of all individuals, groups and communities. In particular, they must reject any cultural, sexual, religious or racial discrimination and any form of social segregation; - to provide a forum for public discussion in which as broad a spectrum as possible of views and opinions can be expressed; - to broadcast impartial and independent news, information and comment; - to develop pluralistic, innovatory and varied programming which meets high ethical and quality standards and not to sacrifice the pursuit of quality to market forces; - to develop and structure programme schedules and services of interest to a wide public while being attentive to the needs of minority groups; - to reflect the different philosophical ideas and religious beliefs in society, with the aim of strengthening mutual understanding and tolerance and promoting community relations in pluriethnic and multicultural societies; - to contribute actively through their programming to a greater appreciation and dissemination of the diversity of national and European cultural heritage; - to ensure that the programmes offered contain a significant proportion of original productions, especially feature films, drama and other creative works, and to have regard to the need to use independent producers and co-operate with the cinema sector; - to extend the choice available to viewers and listeners by also offering programme services which are not normally provided by commercial broadcasters. Funding Participating states undertake to maintain and, where necessary, establish an appropriate and secure funding framework which guarantees public service broadcasters the means necessary to accomplish their missions. There exist a number of sources of funding for sustaining and promoting public service broadcasting, such as: licence fees, public subsidies, advertising and sponsorship revenue; sales of their audio-visual works and programme agreements. Where appropriate, funding may also be provided from charges for thematic services offered as a complement to the basic service. The level of licence fee or public subsidy should be projected over a sufficient period of time so as to allow public service broadcasters to engage in long term planning. Economic practices Participating states should endeavour to ensure that economic practices such as the concentration of media ownership, the acquisition of exclusive rights and the control over distribution systems such as conditional access techniques, do not prejudice the vital contribution public service broadcasters have to make to pluralism and the right of the public to receive information. Independence and accountability Participating states undertake to guarantee the independence of public service broadcasters against political and economic interference. In particular, day to day management and editorial responsibility for programme schedules and the content of programmes must be a matter entirely for the broadcasters themselves. The independence of public service broadcasters must be guaranteed by appropriate structures such as pluralistic internal boards or other independent bodies. The control and accountability of public service broadcasters, especially as regards the discharge of their missions and use of their resources, must be guaranteed by appropriate means. Public service broadcasters must be directly accountable to the public. To that end, public service broadcasters should regularly publish information on their activities and develop procedures for allowing viewers and listeners to comment on the way in which they carry out their missions. ... Participating states, together with public service broadcasters, should examine at regular intervals at the European level the impact of technological change on the role of public service broadcasting at both the national and transnational levels. 52 .     In 1996 the Committee of Ministers adopted Recommendation no.   R(96)10, on “The Guarantee of the Independence of Public Service Broadcasting”, which stated as follows: “The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage; Recalling that the independence of the media, including broadcasting, is essential for the functioning of a democratic society; Stressing the importance which it attaches to respect for media independence, especially by governments; Recalling in this respect the principles endorsed by the governments of the member states of the Council of Europe set out in the declaration on freedom of expression and information of 29 April 1982, especially as regards the need for a wide range of independent and autonomous means of communication allowing for the reflection of a diversity of ideas and opinions; Reaffirming the vital role of public service broadcasting as an essential factor of pluralistic communication which is accessible to everyone at both national and regional levels, through the provision of a basic comprehensive programme service comprising information, education, culture and entertainment; Recalling the commitments accepted by the representatives of the states participating in the 4th European Ministerial Conference on Mass Media Policy (Prague, 7-8 December 1994) in the framework of Resolution No. 1 on the future of public service broadcasting, especially respect for the independence of public service broadcasting organisations; Noting the need to develop further the principles on the independence of public service broadcasting set out in the aforementioned Prague resolution in the light of the challenges raised by political, economic and technological change in Europe; Considering that, in the light of these challenges, the independence of public service broadcasting should be guaranteed expressly at the national level by means of a body of rules dealing with all aspects of its functioning; Underlining the importance of ensuring strict respect for these rules by any person or authority external to public service broadcasting organisations, Recommends the governments of the member states: a. to include in their domestic law or in instruments governing public service broadcasting organisations provisions guaranteeing their independence in accordance with the guidelines set out in the appendix to this recommendation; b. to bring these guidelines to the attention of authorities responsible for supervising the activities of public service broadcasting organisations as well as to the attention of the management and staff of such organisations. Appendix to R