A3-0282/93

Resolution on freedom of expression, freedom of the press and freedom of information

The European Parliament,

-having regard to the motion for a resolution tabled by Mr Stamoulis on protection of the right to freedom of expression (B3-0073/92),

-having regard to the motion for a resolution by Mr Kostopoulos on sentences imposed on journalists (B3-0259/92),

-having regard to the motion for a resolution by Mr Pannella on media concentration and the organization of the 'Fourth Estate' (B3-0220/91),

-having regard to the motion for a resolution by Mr Staes on confidentiality for journalists' sources and the right of civil servants to speak out on certain subjects (B3-1544/90),

-having regard to its resolution of 16 September 1992 on media concentration and diversity of opinions,

-having regard to the report of the Committee on Civil Liberties and Internal Affairs (A3-0282/93),

A.whereas the full existence of freedom of expression is one of the factors defining a democratic state,

B.whereas nobody should be harassed for their opinions, and whereas the free communication of ideas and opinions is one of the most prized of human rights,

C.whereas freedom of expression may in no way undermine the equally fundamental right to protection of one's private life,

D.whereas the public authorities are required to show restraint and must first make use of the right of reply before taking action in the courts in response to attacks and criticisms from their opponents,

E.whereas the right to information does not signify a right to employ slander and libel,

F.whereas freedom of expression is particularly important in the case of people fulfilling the role of opposition,

G.whereas freedom of the press and the right to information are both aspects of freedom of expression,

H.whereas the freedom to express and impart thoughts, ideas and opinions freely by means of the spoken and written word or any other form of reproduction must be recognized and protected, and complemented by the recognized right freely to impart or receive truthful information by means of any medium,

I.whereas broad access to information is a basic condition for underpinning the exercise of freedom of the press and freedom of information,

J.whereas the right not to disclose sources is an integral part of freedom of the press,

K.whereas state persecution of journalists for disclosing truthful information and state censorship constitute an attack on freedom of the press,

L.whereas journalists must accordingly be able to exercise their profession freely at all times and in all places,

M.having regard to the need for verification of information and sources by the media to avoid their becoming the victim of and the means of propagating falsified and manipulated information,

N.whereas the free flow of information across frontiers objectively and necessarily strengthens the pluralism of information in each of the Member States,

O.whereas guarantees of pluralism must be upheld in the face of concentration of the media,

P.whereas conflicts may arise between the right to freedom of the press and other fundamental rights, such as the individual's right to protection of his or her private life,

Q.whereas public figures are more likely than others to suffer invasions of privacy and libel or slander campaigns,

R.whereas the creation of specific criminal offences as a way of limiting freedom of information should be strictly confined to matters of a personal nature,

1.Confirms that freedom of expression is an inalienable constitutional right in a democratic state founded on the rule of law;

2.Reaffirms that no one should be harassed because of their opinions;

3.Calls on the public authorities not to make use of penal proceedings to respond to unjustified attacks or criticisms from their opponents, and to respect freedom of expression at all times;

4.Considers that any person is entitled, should his privacy be invaded or should he be the victim of slanderous or libellous campaigns, to have truth and honour restored by legal as well as other means;

5.Recognizes that freedom of the press and the right to information are clear, unequivocal demonstrations of the freedom of expression;

6.Affirms that any person has the right freely to impart or receive truthful information in any medium except where honour, human dignity or personal privacy are affected or where unnecessary violence is involved;

7.Underlines freedom of public and private enterprise for the written press and for radio and television;

8.Affirms that the right of journalists to protect their confidential sources must be safeguarded;

9.Recalls that certain occupations are subject to a duty to maintain confidentiality and that any attack on this obligation runs counter to the proper functioning of our democracies and respect for individuals' rights;

10.Calls on the Member States and the Commission to issue appropriate regulations designed to facilitate broad access for journalists to information from national and Community administrations;

11.Insists on the value to democracy of investigative journalism and calls on the European Community and its Member States to be extremely severe with countries or regions from which journalists are banned or in which they receive threats in the course of their work;

12.Recalls that our democracies also have a duty to uphold transparency and truth and that no circumstance and no aim may be used to justify their using the press to propagate deliberately distorted information;

13.Stresses the need objectively and necessarily to strengthen pluralism of information in each of the Member States;

14.Warns against attacks which such pluralism may suffer as a consequence of ownership concentration;

15.Calls on the press to verify its information before disseminating it and to establish self-regulation, in order to safeguard professional ethics;

16.Rejects the use of specific types of offence in national statute books to conceal decisions or actions of a political or administrative nature and stresses that their application must be confined to disclosures of a purely personal nature;

17.Welcomes the fact that the Treaty on European Union, in particular Articles 8b and 8d EC, provides European citizens with new opportunities for expression;

18.Instructs its President to forward this resolution to the Council, the Commission and the Governments of the Member States.