Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 Amendment 6 Amendment 7 Amendment 8 Amendment 9 Amendment 10 Amendment 11 Amendment 12 Amendment 13 Amendment 14 Amendment 15 Amendment 16 Amendment 17 Amendment 18 Amendment 19 Amendment 20 Amendment 21 Amendment 22 Amendment 23 Amendment 24 Amendment 25 Sub-amendment 1 to amendment 25
Caption: AdoptedRejectedWithdrawnNo electronic votes
24 January 2017
Tabled by Ms Nino GOGUADZE, Ms Sofio KATSARAVA, Ms Tamar CHUGOSHVILI, Ms Eka BESELIA, Mr Dimitri TSKITISHVILI, Mr Paul SCULLY, Mr John HOWELL
Votes: 120 in favor 3 against 10 abstentions
In the draft resolution, at the end of paragraph 2, add the following words: "The Assembly also welcomes Georgian legislation that provides a sound framework for freedom and stability of the media. The law on broadcasting guarantees pluralistic and non-discriminatory coverage of all relevant views in both public and private broadcasters. As a result of cancelling licences for broadcasting and simplifying the authorisation process, 49 private broadcasting companies currently operate in the country. The number of media outlets broadcasting throughout the country and allocating news and political programmes in their airspace has increased from 3 to 11. 24 media outlets operate at regional level: these also air news and political programmes"
Explanatory note
Georgia has significantly improved media plurality and diversity. In 2015, the government enabled individual entities to start broadcasting in 10 days. 49 private broadcasting companies operate in the country. The number of media outlets broadcasting have increased from 3 to 11. Media outlets operate at regional level.
24 January 2017
Tabled by Ms Maria Edera SPADONI, Ms Nunzia CATALFO, Mr Vincenzo SANTANGELO, Mr Manlio DI STEFANO, Ms Adele GAMBARO, Mr Michele NICOLETTI, Mr Andrea RIGONI, Mr Florian KRONBICHLER, Mr Luis Alberto ORELLANA, Mr Francesco Maria GIRO, Mr Claudio FAZZONE, Ms Milena SANTERINI
In the draft resolution, at the end of paragraph 2, insert the following words: "The Assembly invites Member States to promote the dissemination of information about criminal proceedings against organised crime and to discourage all those who try to reduce the visibility of the above proceedings".
24 January 2017
Tabled by Mr Yves CRUCHTEN, Mr Nikolaj VILLUMSEN, Mr Pieter OMTZIGT, Ms Kerstin LUNDGREN, Mr Boriss CILEVIČS
Votes: 105 in favor 15 against 7 abstentions
In the draft resolution, paragraph 2, replace the words: "the release from detention of Khadija Ismayilova in Azerbaijan and that, as suggested in Opinion No. 715/2013 of the Venice Commission, the Italian parliament is debating a government bill aimed at abolishing detention for cases of defamation through the media" with the following words: "the fact that, as suggested in Opinion No. 715/2013 of the Venice Commission, the Italian parliament is debating a government bill aimed at abolishing detention for cases of defamation through the media. The Assembly also welcomes the release from detention of Khadija Ismayilova, but expresses concern with regard to the legal proceedings, travel bans and restrictions on freedom of movement imposed on her and on other journalists in Azerbaijan with the aim of preventing them from carrying out their independent work."
Explanatory note
Despite her release on probation in May 2016, investigative journalist Khadija Ismayilova still faces restrictions, as her rights are not fully restored. In Azerbaijan, arrests, attacks and intimidations against independent journalists and media workers are still a widespread method to silence those reporting about dissenting opinions and challenge the authorities.
24 January 2017
Tabled by Ms Nino GOGUADZE, Ms Tamar CHUGOSHVILI, Ms Sofio KATSARAVA, Ms Eka BESELIA, Mr Dimitri TSKITISHVILI, Mr Paul SCULLY, Mr John HOWELL, Mr Mark PRITCHARD
If adopted, amendment 21 falls.
Votes: 24 in favor 98 against 20 abstentions
In the draft resolution, delete paragraph 3.4.
Explanatory note
Since 2012, Rustavi2 has maintained its independent editorial policy; the company's management remains the same; journalists are free from interference. Rustavi2 maintains a critical position towards the government and is constantly progressing. Maestro TV shares have not been acquired by a new shareholder. No legal case has been submitted to the court regarding ownership of the company.
24 January 2017
Tabled by Mr Eerik-Niiles KROSS, Mr Serhii SOBOLEV, Ms Dzhema GROZDANOVA, Mr Valeriu GHILETCHI, Ms Olena SOTNYK, Mr Kostiantyn USOV, Mr Emanuelis ZINGERIS
Falls if amendment 10 is adopted.
Votes: 121 in favor 8 against 17 abstentions
In the draft resolution, at the end of paragraph 3.4, add the following words: "Efforts to change the ownership of the country's most popular pro-European TV station have caused continual concern among many international interlocutors and in civil society."
Explanatory note
Concerns on efforts to change ownership of Georgia's most popular pro-European TV channel have been continuously voiced by interlocutors such as the European Union, the United States Department of State and a large number of credible civil society organisations.
24 January 2017
Tabled by Mr Yves CRUCHTEN, Mr Nikolaj VILLUMSEN, Mr Pieter OMTZIGT, Ms Kerstin LUNDGREN, Mr Boriss CILEVIČS
Votes: 46 in favor 73 against 21 abstentions
In the draft resolution, after paragraph 4.3, insert the following paragraph:
"Rasim Aliyev, Azerbaijani journalist and Chairman of the Institute for Reporters' Safety and Freedom (IRFS), who died in a Baku hospital on 9 August 2015. He had been severely beaten the day before, following continual threats and intimidation via social media networks in the three weeks leading up to his death."
Explanatory note
Rasim Aliyev had been receiving threatening messages connected to photos he posted online showing police brutality and social discontent. The authorities dismissed any political motivation behind the murder and argued that the attackers were football fans who had since been convicted.
24 January 2017
Tabled by Mr Talip KÜÇÜKCAN, Ms Ganira PASHAYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Rovshan RZAYEV
Votes: 21 in favor 103 against 19 abstentions
In the draft resolution, paragraph 6, delete the following words: "under the decrees passed during the state of emergency, in particular the dissolution and seizure of assets of media companies, the detentions of writers, journalists, editors and executives of media companies, as well as the cases of deviations from criminal procedure law, including access to a lawyer and the right to be informed promptly of the nature and cause of the criminal charges."
Explanatory note
In the face of the terrorist attacks which took place in Turkey, measures have been taken in view of the needs and assessments to fight against terrorism. These measures are constantly reviewed. In fact, a decree came into effect on 23 January. Restrictions on meetings between lawyers and detainees have been abolished.
24 January 2017
Tabled by Ms Lotta JOHNSSON FORNARVE, Mr Nikolaj VILLUMSEN, Ms Miren GORROTXATEGI, Ms Liana KANELLI, Mr Henk OVERBEEK, Ms Ulla SANDBÆK, Mr Ertuğrul KÜRKÇÜ, Ms Filiz KERESTECİOĞLU DEMİR, Mr Andrej HUNKO, Mr Marco NICOLINI, Ms Ioanneta KAVVADIA, Mr Georgios KYRITSIS, Ms Anastasia CHRISTODOULOPOULOU, Mr Hişyar ÖZSOY
Votes: 43 in favor 76 against 25 abstentions
In the draft resolution, paragraph 7.1, delete the words: "who have not been indicted for actively participating in terrorist acts".
24 January 2017
Tabled by Ms Lotta JOHNSSON FORNARVE, Mr Nikolaj VILLUMSEN, Ms Miren GORROTXATEGI, Ms Liana KANELLI, Mr Henk OVERBEEK, Ms Ulla SANDBÆK, Ms Filiz KERESTECİOĞLU DEMİR, Mr Ertuğrul KÜRKÇÜ, Mr Andrej HUNKO, Mr Marco NICOLINI, Mr George LOUCAIDES, Ms Ioanneta KAVVADIA, Mr Georgios KYRITSIS, Ms Anastasia CHRISTODOULOPOULOU, Mr Hişyar ÖZSOY
Votes: 47 in favor 73 against 22 abstentions
In the draft resolution, paragraph 7.1, before the words "the journalist and writer Nazlı Ilıcak", insert the following words: "the journalist Mazlum Dolan,".
24 January 2017
Tabled by Mr Talip KÜÇÜKCAN, Ms Ganira PASHAYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Rovshan RZAYEV
In the draft resolution, paragraph 7.1, delete the following words: "the writer and translator Necmiye Alpay, the writer and columnist Aslı Erdoğan,"
Explanatory note
These two people were released from detention on 29 December 2016.
24 January 2017
Tabled by Mr Talip KÜÇÜKCAN, Ms Ganira PASHAYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Rovshan RZAYEV
Votes: 21 in favor 100 against 22 abstentions
In the draft resolution, delete paragraph 7.2.
Explanatory note
None of the emergency decrees order the arrest of writers and media staff. It is impossible for ordinary laws or emergency decrees to render any kind of judgement about individuals or groups, let alone writers and media staff, as this would not comply with the constitution and the logic of the law.
24 January 2017
Tabled by Mr Talip KÜÇÜKCAN, Ms Ganira PASHAYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Rovshan RZAYEV
Votes: 21 in favor 114 against 10 abstentions
In the draft resolution, delete paragraph 7.6.
Explanatory note
TRT is editorially independent. As a public media service it acts in accordance with the public interest.
24 January 2017
Tabled by Mr Yves CRUCHTEN, Mr Nikolaj VILLUMSEN, Mr Pieter OMTZIGT, Ms Kerstin LUNDGREN, Mr Boriss CILEVIČS
Votes: 117 in favor 22 against 9 abstentions
In the draft resolution, after paragraph 8, insert the following paragraphs: "Referring to paragraph 9 of its Resolution 2062 (2015) on the functioning of democratic institutions in Azerbaijan, the Assembly reiterates its concern with regard to retaliation against independent media and advocates of freedom of expression in Azerbaijan. In this regard, it deplores the arbitrary application of criminal legislation to limit freedom of expression, in particular the reported recent use of different criminal laws against journalists and bloggers, and recommends taking the measures necessary to ensure a genuinely independent and impartial review by the judiciary of cases involving journalists and others expressing critical opinions. Recalling the decision adopted by the Committee of Ministers on 6-8 December 2016 on Mahmudov and Agazade Group v. Azerbaijan, the Assembly regrets the absence of information on measures taken to ensure the adequacy of legislation on defamation and expresses, in this context, grave concern in the face of recent legislative amendments to the Criminal Code introducing new defamation offences subject to imprisonment, irrespective of whether incitement to violence or hatred is involved. In particular the Assembly calls on the Azerbaijani authorities to: - cease targeting the Institute for Reporters' Freedom and Safety (IRFS) and guarantee necessary conditions for the organisation to be able to operate freely in the country; - stop harassment against independent blogger and IRFS Chairman Mehman Huseynov, return his identification documents and investigate allegations of ill-treatment against him; - drop the criminal case against independent media outlet Meydan TV, refrain from pressuring its staff and contributors and lift all travel bans imposed on them; - lift all investigations against Radio Free Europe/Radio Liberty and allow its office in Baku to carry out its normal activities."
Explanatory note
Journalists, bloggers and media workers are regularly targeted for reporting on cases of corruption and human rights abuses in Azerbaijan. The Institute for Reporters' Freedom and Safety, its Chairs and employees have been under constant pressure by the authorities in recent years. The IRFS office was shut in August 2014.
24 January 2017
Tabled by Mr Rudy SALLES, Mr René ROUQUET, Ms Marie-Christine DALLOZ, Mr André SCHNEIDER, Mr François ROCHEBLOINE, Mr Frédéric REISS, Ms Lotta JOHNSSON FORNARVE, Ms Sylvie GOY-CHAVENT, Ms Naira ZOHRABYAN, Mr Armen RUSTAMYAN, Ms Mónika BARTOS
Falls if amendment 18 is adopted.
Votes: 43 in favor 86 against 14 abstentions
In the draft resolution, replace paragraph 9 with the following paragraph:
"The Assembly also notes that media freedom in accordance with Article 10 of the European Convention on Human Rights poses a particular challenge in conflict zones. The Assembly is convinced that there should be no grey areas in Europe for the application of the European Convention on Human Rights. Consequently, the Assembly pays special tribute to the few investigative journalists who dare to shed light on the situations prevailing in these areas."
24 January 2017
Tabled by Mr Armen RUSTAMYAN, Mr Piet De BRUYN, Ms Lotta JOHNSSON FORNARVE, Mr Georgios MAVROTAS, Mr Constantinos EFSTATHIOU, Ms Naira ZOHRABYAN, Mr Georgios KYRITSIS, Ms Ioanneta KAVVADIA
If adopted, amendments 17, 19 falls.
Votes: 32 in favor 96 against 15 abstentions
In the draft resolution, replace paragraph 9 with the following paragraph:
"The Assembly furthermore notes that the protection of media freedom under Article 10 of the European Convention on Human Rights poses a particular challenge in conflict zones. The Assembly is convinced that there should be no grey areas in Europe when it comes to the application and protection of the European Convention on Human Rights as a whole. In this regard, the Assembly calls on the Secretary General to explore avenues of engaging the Council of Europe's mechanisms, with a status-neutral approach, in assessing the situation of media freedom in those parts of Europe. The Assembly also pays particular tribute to the few investigative journalists who dare to shed light on the situation in those areas."
24 January 2017
Tabled by Mr Armen RUSTAMYAN, Mr Piet De BRUYN, Ms Lotta JOHNSSON FORNARVE, Mr Samvel FARMANYAN, Mr Georgios MAVROTAS, Mr Constantinos EFSTATHIOU, Ms Naira ZOHRABYAN, Ms Stella KYRIAKIDES, Mr Georgios KYRITSIS, Ms Ioanneta KAVVADIA
Falls if amendment 18 is adopted.
In the draft resolution, replace paragraph 9 with the following paragraph:
"The Assembly also notes that media freedom in accordance with Article 10 of the European Convention on Human Rights poses a particular challenge in conflict zones. The Assembly is convinced that there should be no grey areas in Europe for the application of the European Convention on Human Rights. Consequently, the Assembly pays special tribute to the few investigative journalists who dare to shed light on the situations prevailing in these areas."
24 January 2017
Tabled by Mr Attila TILKI, Mr Attila KORODI, Ms Dzhema GROZDANOVA, Ms Liliana PALIHOVICI, Mr Žarko OBRADOVIĆ, Mr Samad SEYIDOV
Votes: 102 in favor 16 against 22 abstentions
In the draft resolution, paragraph 10, after the words "in the media", insert the following words: ", also welcomes the constructive dialogue between the Hungarian authorities and the European Commission in this regard,"
24 January 2017
Tabled by Mr Attila TILKI, Mr Attila KORODI, Ms Dzhema GROZDANOVA, Ms Liliana PALIHOVICI, Mr Žarko OBRADOVIĆ, Mr Samad SEYIDOV
Votes: 114 in favor 8 against 17 abstentions
In the draft resolution, replace paragraph 10.1 with the following paragraph:
"reconsider certain parts of its media legislation in accordance with Opinion No. 798/2015 of the Venice Commission, which acknowledges the efforts of the Hungarian government in terms of improving legislation in this field so far;"
24 January 2017
Tabled by Mr Attila TILKI, Mr Attila KORODI, Ms Dzhema GROZDANOVA, Ms Liliana PALIHOVICI, Mr Žarko OBRADOVIĆ, Mr Samad SEYIDOV
Votes: 120 in favor 5 against 16 abstentions
In the draft resolution, paragraph 10.2, replace the words "discriminatory tax on the publication of advertisements in the media in Hungary and hence has a negative effect on media freedom under Article 10 of the European Convention on Human Rights" with the following words: "tax on the publication of advertisements in the media in Hungary".
24 January 2017
Tabled by Mr Attila TILKI, Mr Attila KORODI, Ms Dzhema GROZDANOVA, Ms Liliana PALIHOVICI, Mr Žarko OBRADOVIĆ, Mr Samad SEYIDOV
In the draft resolution, paragraph 10.3, replace the words "irrespective of their political position towards the government" with the following words: "according to the existing Hungarian regulation on public procurement, which should be further maintained".
24 January 2017
Tabled by Mr Attila TILKI, Mr Attila KORODI, Ms Dzhema GROZDANOVA, Ms Liliana PALIHOVICI, Mr Žarko OBRADOVIĆ, Mr Samad SEYIDOV
Votes: 25 in favor 95 against 13 abstentions
In the draft resolution, replace paragraph 10.4 with the following paragraph:
"continue to strengthen media pluralism and diversity, as laid down in the Hungarian Fundamental Law, and continue to ensure transparency of media ownership."
24 January 2017
Tabled by Mr Kostiantyn USOV, Mr Vladyslav GOLUB, Mr Oleksii GONCHARENKO, Mr Leonid YEMETS, Mr Ihor HUZ, Mr Andrii LOPUSHANSKYI, Ms Olena SOTNYK, Mr Emanuelis ZINGERIS, Mr Volodymyr ARIEV, Mr Serhii SOBOLEV, Mr Sergiy VLASENKO, Mr Georgii LOGVYNSKYI, Ms Iryna GERASHCHENKO, Ms Mariia IONOVA, Mr Egidijus VAREIKIS
In the draft resolution, after paragraph 11, insert the following paragraph:
"Expressing concern about reports of plans by Euronews to close down its Ukrainian service and to limit the rights of journalists to apply for some vacant positions within the company, contrary to French and European labour laws and with clear signs of potential discrimination. The Assembly notes that dozens of Euronews employees joined a strike at the company's headquarters in Lyon on 5 December 2016 against the plans to close its Ukrainian service and to cut several other Euronews services. The Assembly calls on the French authorities to closely monitor the situation and to make sure that no legal rights of the the employees concerned are violated or limited."
24 January 2017
Tabled by Mr Yves CRUCHTEN, Mr Nikolaj VILLUMSEN, Ms Kerstin LUNDGREN, Mr Stefan SCHENNACH, Mr Alex SALMOND, Ms Tasmina AHMED-SHEIKH
Votes: 94 in favor 17 against 19 abstentions
In the draft resolution, replace paragraph 11 with the following paragraph:
"Noting that on 22 June 2016 the Polish Parliament passed an act on the National Media Council - a new body with the power to nominate and dismiss management and supervisory boards of public media - thus enhancing the influence of the governing majority over public media, the Assembly asks the Venice Commission to prepare an opinion on this law. The Assembly also deplores the fact that recommendations by the Constitutional Tribunal on this act have not been implemented. The Assembly regrets the dismissal of over 200 journalists from public media posts and calls on the Polish authorities to refrain from further actions in that direction and to work towards the depoliticisation of the media and their controlling institutions."
Explanatory note
The original paragraph referred to a law that is no longer in force. In its December 2016 judgement the Constitutional Tribunal stated that depriving the National Broadcasting Council of the competence to appoint the authorities of public media was unconstitutional and that the competence should be restored.
24 January 2017
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Mr Andrzej WOJTYŁA, Mr Marek AST, Mr Józef LEŚNIAK
In amendment 25, replace the words: "passed an act on the National Media Council - a new body with the power to nominate and dismiss management and supervisory boards of public media - thus enhancing the influence of the governing majority over public media, the Assembly asks the Venice Commission to prepare an opinion on this law. The Assembly also deplores the fact that recommendations by the Constitutional Tribunal on this act have not been implemented. The Assembly regrets the dismissal of over 200 journalists from public media posts and calls on the Polish authorities to refrain from further actions in that direction and to work towards the depoliticisation of the media and their controlling institutions." with the following words: "passed, as an interim law, an act on the National Media Council - a new pluralistic body with the power to nominate and dismiss management and supervisory boards of public media - thus enhancing the influence of the governing majority over public media, the Assembly holds this matter under consideration. The Assembly further notes that the Polish authorities have confirmed that the opinion of Council of Europe experts will be taken into account in the legislative process."
24 January 2017
Tabled by Mr Georgios KYRITSIS, Mr Nikolaj VILLUMSEN, Ms Lotta JOHNSSON FORNARVE, Ms Ulla SANDBÆK, Mr Ertuğrul KÜRKÇÜ, Ms Filiz KERESTECİOĞLU DEMİR, Mr Andrej HUNKO, Mr Marco NICOLINI, Mr George LOUCAIDES, Ms Ioanneta KAVVADIA, Mr Hişyar ÖZSOY, Ms Anastasia CHRISTODOULOPOULOU, Mr Dimitrios KAMMENOS
In the draft resolution, in paragraph 12, replace the words "Mere profitability concerns of private broadcasting are not a sufficient ground to revoke long existing licenses, especially as the digitalisation of broadcasting reduces the need, and thus the possibility, for governments to reduce the number of broadcasting licenses for technical reasons" with the following words: "Hereof, the Assembly notes that Greece has suspended the initiation of a public auction until the official publication of the relevant judgement of the Greek Council of State and that it has declared that it will comply fully and unreservedly with that judgement. The Assembly also notes that the Greek government has legislated that the number of television broadcasting licenses will be determined with the consent of the National Board for Radio and Television, the relevant independent authority, which will also conduct the public auction"
24 January 2017
Tabled by Mr Talip KÜÇÜKCAN, Ms Ganira PASHAYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Rovshan RZAYEV
Votes: 18 in favor 110 against 10 abstentions
In the draft recommendation, after paragraph 2.3, insert the following paragraph:
"ensure that adequate mechanisms are created within the Platform to filter and monitor the alerts, with a view to preventing misuses and abuses as well as enhancing the credibility of the Platform."
Explanatory note
The functioning of the Platform should be revised as this unique tool's credibility could be damaged if it is used by different interest and pressure groups. This suggestion has also been made by partners in the Assembly and the Council of Europe, including by the Secretary General, Mr Thorbjørn Jagland.