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Propaganda and freedom of information in Europe

Doc. 16034: compendium of written amendments | Doc. 16034 | 30/09/2024 | Final version

Compendium index

Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 Amendment 6

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly is concerned about the pervasive dissemination of propaganda that aims at biasing public opinion, endangers the proper functioning of our democratic systems and threatens our common values and human dignity. Such harmful propaganda includes both propaganda that is illegal and propaganda that, although not prohibited, can impair the development of free opinions and informed citizen participation in public debate and decision making, through unethical methods of communication, including disinformation and tools of psychological manipulation.
2Council of Europe member States must shield themselves against all forms of propaganda which are illegal under international law, including propaganda for war, incitement to genocide and other international crimes, hatred, terrorism and discrimination, and they must be able to defuse propaganda that clearly runs counter to the fundamental values of the European Convention on Human Rights (ETS No. 5, “The Convention”) and is detrimental to democracy. Indeed, according to its Article 17, the Convention does not permit any propaganda aimed at the destruction of any rights and freedoms set forth therein.
3Measures to fight against harmful propaganda must, however, respect the right to freedom of expression, including freedom of information, protected by Article 10 of the Convention, which is a fundamental constituent element of any democracy. As stated in the case law of the European Court of Human Rights, restrictions on this right must be provided by law, and be motivated by and proportionate to a legitimate aim.
4Moreover, these measures must abide by the rule of law and respect the separation of powers. In the absence of an independent judiciary and independent media regulators, legislation designed to combat harmful propaganda and the possibility to sanction media or individuals can lead to disastrous consequences for media freedom.
5Fighting harmful propaganda must not become a pretext for censorship. Counteracting measures should not produce a chilling effect on media work, including reporting on armed conflicts, and should not prevent or discourage an unhindered debate on issues of public interest. Censoring “problematic” media as well as content from extremist groups can reinforce the public perception that media regulation is corrupt and engineered to hide the “truth”. This could reinforce conspiracy narratives and strengthen extremist voices.

30 September 2024

Tabled by Mr Oleksii GONCHARENKO, Ms Larysa BILOZIR, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Rostyslav TISTYK, Ms Yevheniia KRAVCHUK, Ms Sally-Ann HART, Mr Serhii SOBOLIEV, Mr Marcin ROMANOWSKI, Ms Iryna KONSTANKEVYCH

In the draft resolution, after paragraph 5, insert the following paragraph:

"The Assembly acknowledges that for authoritarian regimes, such as the Russian Federation, propaganda is an inalienable part of their war on democracy. The Russian State-funded RT (formerly known as “Russia Today”) and its worldwide network and the "troll factories" are part of a broader strategy to destabilise European democracies and influence the political processes. The Assembly also refers to its Resolution 2540 (2024) "Alexei Navalny’s death and the need to counter Vladimir Putin’s totalitarian regime and its war on democracy" and reiterates its call to recognise that the Russian Orthodox Church is being used as an instrument of Russian influence and propaganda by the Kremlin regime."

Explanatory note

This amendment is self-explanatory.

6The challenge that democratic States must meet is neutralising harmful propaganda while preserving the right to freedom of expression, including media freedom and pluralism. They should ensure that all restrictions and countermeasures are limited to those necessary in a democratic society to preserve the fundamental values on which it is built.
7In this respect, the Assembly considers that responses to harmful propaganda must be multifaceted, and that States should not focus on fighting against propaganda as such, but rather on acting in favour of democratic values and fundamental rights.

30 September 2024

Tabled by Ms Larysa BILOZIR, Mr Serhii SOBOLIEV, Ms Olena MOSHENETS, Ms Iryna KONSTANKEVYCH, Ms Lesia VASYLENKO, Ms Mariia MEZENTSEVA-FEDORENKO

In the draft resolution, paragraph 7, replace the words "and that States should not focus on fighting against propaganda as such, but rather on acting in favour of democratic values and fundamental rights" with the following words:

"and that States should focus on fighting against propaganda, while acting in favour of democratic values and fundamental rights"

Explanatory note

This amendment is proposed as, in the report, an emphasis is placed on the need to combat harmful propaganda. Therefore, it arises that States should fight against propaganda, but with the view of preserving the above-mentioned values.

8Harmful propaganda has a transnational dimension and to counter it member States must reinforce their co-operation. The Council of Europe has an important role to play in this respect.
9Moreover, stronger collaboration between public authorities and the private sector is required. News media outlets and journalists bear a responsibility in the fight against the spread of propaganda. They should address negative perceptions of the mainstream media, to build trust and maintain readership of their audiences.
10Last, but not least, there is a need to safeguard the public’s right to know, empower citizens to make informed choices, enhance reliance in democratic institutions and increase the resilience of the whole of society against the all too frequent systematic deceitful attempts at manipulation of public opinion.
11For these reasons, the Assembly recommends that member States develop holistic strategies to counter illegal propaganda and provide effective responses to the spread of harmful, though legal, propaganda. In this respect, they should in particular:
11.1ensure that propaganda prohibited by international law and propaganda which seriously threatens democracy and human rights is declared illegal in domestic law;
11.2ratify the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (CETS No. 225), and ensure its implementation with due regard to the impact of artificial intelligence technologies on production and dissemination of disinformation and illegal propaganda;

30 September 2024

Tabled by Mr Emanuelis ZINGERIS, Ms Larysa BILOZIR, Mr Oleksii GONCHARENKO, Ms Olena KHOMENKO, Mr Georgios STAMATIS

In the draft resolution, paragraph 11.2, after the words "CETS No. 225", insert the following words:

","the Vilnius Convention""

Explanatory note

This amendment includes an informal name, "the Vilnius Convention"

11.3review as required national legislation to provide for appropriate legal action against the sponsoring, production and dissemination of illegal propaganda, while fully respecting the right to freedom of expression and ensuring that restrictions and sanctions strictly observe the three-part test of legality, legitimacy and necessity;

30 September 2024

Tabled by Mr Oleksii GONCHARENKO, Ms Larysa BILOZIR, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Rostyslav TISTYK, Ms Yevheniia KRAVCHUK, Ms Sally-Ann HART, Mr Serhii SOBOLIEV, Mr Marcin ROMANOWSKI, Ms Iryna KONSTANKEVYCH

Votes: 101 in favor 6 against 14 abstentions

In the draft resolution, after paragraph 11.3, insert the following paragraph:

"impose targeted sanctions on Russian media outlets such as RT and its affiliates, since their work is violating journalism ethics and should be considered as a threat to the national security of the member States;"

Explanatory note

This amendment is self-explanatory

30 September 2024

Tabled by Mr Oleksii GONCHARENKO, Ms Larysa BILOZIR, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Rostyslav TISTYK, Ms Yevheniia KRAVCHUK, Ms Sally-Ann HART, Mr Serhii SOBOLIEV, Mr Marcin ROMANOWSKI, Ms Iryna KONSTANKEVYCH

Votes: 113 in favor 4 against 12 abstentions

In the draft resolution, after paragraph 11.3, insert the following paragraph:

"impose targeted sanctions on the propagandists, such as Margarita Simonyan, Olga Skabeeva, Vladimir Solovyov and others, if this has not already been done;"

Explanatory note

This amendment is self-explanatory.

30 September 2024

Tabled by Mr Oleksii GONCHARENKO, Ms Larysa BILOZIR, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Rostyslav TISTYK, Ms Yevheniia KRAVCHUK, Ms Sally-Ann HART, Mr Serhii SOBOLIEV, Mr Marcin ROMANOWSKI, Ms Iryna KONSTANKEVYCH

In the draft resolution, after paragraph 11.3, insert the following paragraph:

"recognise the role of the Russian Orthodox Church as a tool of Russian State propaganda, and evaluate and address the involvement of the religious institutions that are used for spreading the Kremlin’s propaganda in their countries;"

Explanatory note

This amendment is self-explanatory.

11.4introduce safeguards, including procedural ones, to apply restrictive measures carefully, avoiding their abuse or misuse, and ensuring that they do not become tools to silence critical voices and opposition;
11.5establish proper independent media oversight mechanisms, entrusted to independent regulators, to review the legality, legitimacy and necessity of restrictions intended to counter harmful propaganda, as well as their concrete implementation modalities;
11.6provide reliable and trustworthy information on matters of public interest, such as the economy, public health, security, protection of human rights for all and the environment, in particular on controversial issues, such as climate change and its impact, the rights of minorities, migrants or LGBTIQ+ people, sex and gender issues, among others;
11.7ensure transparency of governmental activities though proactive and responsive measures for those seeking official information according to the Council of Europe Convention on Access to Official Documents (CETS No. 205), and maintain the right of access to information during states of emergency, to build trust around governmental information processes;
11.8take effective steps to foster equal access of all to information, including women, young people, and disadvantaged groups;
11.9promote media and information literacy and invest in media and civic education programmes to uphold critical thinking;
11.10promote a free, independent, and diverse information and communication environment, including a diverse and pluralistic media landscape;
11.11ensure that public service media are independent and adequately resourced to fulfil their mission of public interest;
11.12encourage and support quality journalism and the existence and effective implementation of professional standards by different media actors;
11.13reinforce transparency of media ownership and financial sources;
11.14encourage research on harmful propaganda, to help inform local, national, and Europe-wide strategies on confronting it;
11.15strengthen their collaboration and look within the framework of the Council of Europe for co-ordinated responses, making better use of the co-operation mechanisms and tools provided by the Organisation.
12The Assembly calls on professionals and organisations in the media sector to:
12.1refuse to become instruments of propaganda for war, violence, discrimination and hatred and engage in spreading the principles of peace and human dignity to foster a culture of tolerance, mutual understanding and respect between different groups in society;
12.2adhere to the highest professional standards to ensure quality information, including while using generative artificial intelligence tools and distributing information via automated systems;
12.3promote collaboration, mutualise efforts to fight against misinformation and disinformation and share the experience acquired in the fight against harmful propaganda;
12.4peer review possible propaganda and harmful content in the media, to deactivate it when illegal and counterbalance it in other cases.
13The Assembly calls on internet intermediaries to:
13.1develop adequate tools – including artificial intelligence tools under human control – to identify illegal propaganda and block its dissemination, possibly before it becomes accessible to internet users, and remove content promptly and effectively when requested by the competent authorities;
13.2actively co-operate with public, social and private entities to promote and support media literacy, notably to counter disinformation and hate speech;
13.3enhance algorithmic transparency;
13.4ensure that the artificial intelligence systems they develop or use uphold Council of Europe standards, including the new Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law;
13.5take steps to demonetise the dissemination of disinformation and harmful propaganda;
13.6facilitate access to relevant machine-readable data for the purpose of research, which is needed to develop evidence-based countermeasures against disinformation and harmful propaganda.