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CHARTER FOR MEDIA FREEDOM

The participating States of the Stability Pact for South Eastern Europe, drawing on the valuable preparatory work done within the framework of the Royaumont Process for the elaboration of this Charter for Media Freedom; 

hoping that the whole area , including the FRY, will soon be included in the Stability Pact and will implement the principles of this Charter; recognizing that lasting peace in the region based on stable democracies is crucial for peace in Europe in the 21st century;

acknowledge that freedom of the media, free flow of information and ideas and open discussion, without the interference of public authorities, play a fundamental role in the development of free, stable and democratic societies; are prerequisites for the establishment of mutual understanding and good relations among states and their peoples; and deserve the full support of interested governments and organizations;

reaffirm their adherence to the principles of freedom of expression, the media and free flow of information as laid down in Article 19 of the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, OSCE principles and commitments and, as applicable, Article 10 of the European Convention on Human Rights and Fundamental Freedoms and case law related thereto, and other international conventions and agreements including those of UNESCO and the Council of Europe;

emphasize that the promotion of mutual respect, cooperation, stability and democracy requires respect for the interests, values and cultures of all communities in the region and for international commitments relating to democracy, human rights, fundamental freedoms and the rule of law; consider that there is a need for a more active and better informed public debate in order to achieve the objectives of peace, stability and mutual understanding that underpin the Stability Pact; believe that cooperation among media professionals from the region contributes to enhancing mutual confidence and reducing the risk of tension in South Eastern Europe;

The Participating States of the Stability Pact, and the interested parties and organizations associated with the Pact, will endeavor to cooperate to protect freedom of expression and encourage observation and implementation of the following principles in the region.

The Governments in the region will:

1. defend and promote freedom of expression, information and comment and act in accordance with the rule of law and international commitments relating to the above freedoms;

2. keep under review media and other relevant laws, including defamation laws, and take steps to identify and remove obstacles to media freedom and to the exercise of independent journalism, consistent with international standards and commitments, including removal of powers of censorship or suppression of the press or radio and TV programs;

3. encourage and actively support the development of pluralistic and accessible electronic and printed media which are professional and independent, and encourage the development of regional cooperation schemes to facilitate the flow of information;

4. facilitate the ability of media organizations to control their own means of production and distribution; recognizing that economic independence has a central role to play in the development and maintenance of free and pluralistic media;

5. remove by democratic process obstacles to free access to sources of information and facilitate the unimpeded flow of information;

6. recognize that the public interest is served by the right of journalists to protect their sources of information; any restrictions to this right must serve a legitimate interest in a democratic society and must be narrowly defined by law;

7. support the development of media networks which facilitate the free flow of information between neighboring states and which bring journalists together, in particular through the exchange of young journalists;

8. ensure an appropriate legal framework for Public Service Broadcasters and state news agencies, which should serve the interests of the public and not the parties in power or special interest groups;

9. facilitate the establishment of independent broadcasting regulatory bodies, where they do not already exist, charged with implementing the internationally recognized standards of transparency and accountable administration of broadcasting;

10. recognize the key role of media professionals in matters of media ethics and support self regulation and the establishment of appropriate structures independent of government in order to encourage professionalism, high quality and diversity in broadcasting and publishing. These structures should inter alia set standards and deal with complaints;

11. promote tolerance by facilitating access to the media for persons belonging to minorities;

12. apply, or where necessary enact, laws relating to the use of the media to incite unlawful acts of racism, xenophobia or violence. Such laws should be narrowly and clearly defined, requiring a direct connection between the incitement and an unlawful act;

13. give every encouragement to the media to promote the highest standards of professional journalism and to facilitate sources of independent and diverse information and opinion;

14. encourage media professionals in the region to develop their own code of ethics, taking into account standards developed by independent media organizations of democratic societies and principles and norms enshrined in international law and practice. These codes should take into consideration the special circumstances of the region and the need to respect human rights and minority rights.

15. encourage the independent media bodies referred to above to develop and apply standards appropriate to open and democratic societies, respecting fair business practices and political impartiality as well as international agreements on intellectual property rights.

June 2000