

CoE AV.Observatory Director Closs to EuroFora: European replies to US Dominance on Digital Media=Key

*Strasbourg/CoE/Angelo Marcopolo/- A set of Principles on the Rights of Internet Users and the development of European Players in the Digital Audio-Visual Market, can and must be Europe's reply to the growing need to Safeguard Democratic "Pluralism" in New Media able to "Shape Public Opinion", but currently challenged by a growing Media Concentration dominated by a few USA Companies, as it results in substance from statements to "EuroFora" by CoE's Director on Information Society and Crime, Jan Kleijssen and by the PanEuropean AudioVisual Observatory's (EAVObs') Executive Director, Wolfgang Closs, on the occasion of a landmark Conference organized at CoE's Headquarters in Strasbourg on the 20th Anniversary of EAVObs., during which many Top Experts focused on "Transparency" about "Media Concentration".
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While, a Decade ago, Radio-TV Broadcasters were the main actors concerned by Media Concentration, on the contrary, Today, "the means by which enterprises can Control the Media sector are increasingly subtle and attach to virtually All Stages of the Value chain", where "Market Power and Media Domination can be based (f.ex.) on a strong CopyRight portofolio, as much as on the control of Platforms and/or Transmission Networks", etc., while "Verticaly Integrated Businesses ... are able to build simultaneously on a rich .. AV Content, various Media Services, and priority Transmission arrangements, or can control such Infrastructures", and, "more recently, the issue of Dominance emerged also in relation to Manufacturers of Reception Devices", (TV sets, PCs and Tablets, SmartPhones, etc), observes a Special Edition of EAVObs' Legal Publication "IRIS" dedicated to the need for "Regulation" on "Converged Markets and Converged Power" able to "Shape Public Opinion", which was prepated and introduced by EAVObs' Legal services' Head Susanne Nikoltchev.
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"Screen Digest"'s Chief Analyst, Ben Keen, from London, described how it has become Today much "easier to develop Dominance" by Internet Networks-interConnected Devices, Software and Works", (See relevant Photo),

while Bernd Malzanini, Director of KEK, the German Committee on Media Concentration, based at Potsdam, explained that his "Mission to ensure Pluralism of Opinions", mainly by "Transparency", and "prevent a predominant Dominance on Opinion-making, (f.ex. if a Company controls more than 25 % or 30% of a Media market),
revealed, inter alia, a recent popular Trend, (particularly among Young People), to swift from the still remaining TV-predominance among various Medias used in average everyday, towards an Internet priority in the foreseeable Future, (according to some astonishing Graphics).

Nevertheless, efficient EU Rules against risks of Concentration in that New Media landscape are almost ...non-existent until now, denounced EU Law Professor Roberto Mastroianni, from Naples' University,
while the Director of the Office of OSCE's Representative for Mass Media Freedom, Andrei Rikhter, after observing that "CoE doesn't cover only the EU, but rather a much more Wide area", despite a rather Critical presentation of Digital Media actors throughout all Europe up to Russia and other ex-CIS Countries, noted at least the active presence of "Yandex", (which is "Independent" minded, as he later stressed to "EuroFora"), and other relevant, evolving Russian companies, (such as Kapirsky, Rambler, Kontakti, etc), that also other Experts found as a rare counter-weight vis a vis the otherwise uncontested Dominance mainly of a few North American Compagnies such as principally "Google", "Apple" and "Microsoft", added to "Facebook", "Twitter", etc., and partly followed by South-Korean "Samsung", etc.

Such facts naturally incited certain participants, as f.ex. Marco Cole, Professor of Media Law from Luxembourg, to raise the obviously Topical Question about how EU Countries could protect themselves from eventual attempts to abuse a Dominant position in a Media-related Digital Market "by Non-European Players", as he characteristically pointed out.

A move which stirred a rather "hot", animated and interesting Debate among various participants to the CoE's Conference, until it was, suddenly, ... interrupted by an unprecedented Cut of Electric Power which threw all the Room into a spooky Black-out Darkness, never seen before at CoE's Headquarters in Strasbourg, similar to the recent (2012) New York's Manhattan black-out after the Hurricane "Sandy", (and reminding to "EuroFora" a rare experience of a similar Electric Power cut at UNO's N.Y. Headquarters back on 2005, which amused some US collegues ready to propose to their Media satirical Headlines of the kind : - "U.N. Powerless ?!", etc)..

- "That might be a reaction from some "Non-European actors", immediately reacted, amused, the experienced EAVObs' Top Economic Expert, André Lange, who, nevertheless, observed, afterwards, smiling, that, sometimes, "Statistics might lie more than Lights"..

- At any case, "it's a fact that American influence on Audio-Visual Works has increased even further, recently in Europe", critically observed, later, André Lange, speaking to "EuroFora".
=> This obviously made more Topical the subsequent question about whether, when and how could be developed also some equivalent "European Players", particularly in the Digital AudioVisual Markets, for which "EuroFora" witnessed a rather vivid interest in several participants.

- Yes, Absolutely, Europe must develop today some real, big, efficient and innovative Players able to act on the Digital AV front Worldwide, f.ex. by grouping together some Companies able to provide Digital AV Content, Networks and Tools, clearly agreed with "EuroFora" the experienced long-time Director of the PanEuropean AudioVisual Observatory of the CoE, Wolfgang Closs from Norway, stressing, in this regard, that, after all, "the Digital AV World is (already) Global".
- But, Today, I wanted to gather together here (at the CoE) the living Memory of all those who have been observing the EAVObs. since its creation (back on 1993), because that means that if they continue to observe you for 20 years, then, you really Exist", Closs joked, speaking to "EuroFora", whose co-Founder has, indeed, followed at least EAVO's main developments since 1993..
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- Back in the 1980ies, when mainstream EU leaders, including f.ex. former French President François Mitterand, realized that "Culture is not just an ordinary Merchandise like all others", a cooperation between EU and CoE (headed then by Catherine Lalumiere : comp. some of her statements to "EuroFora") for the "creation of an European Audio-Visual Area", had resulted in the establishment of a 1st EU Directive on TV, of EURONEWS and of the PanEuropean Audio-Visual Observatory, reminded one of that Historic movement's actors, former Ambassador Bernad Miyet, President of Valarda Consulting, who was a Key-note Speaker at today's event. But now, on 2012, something must obviously be done in order to facilitate at least the creation of European Digital AV market Players, despite the current Financial problems, agreed later Ambassador Miyet (who has had an interesting experience also at California, US in the Past) with "EuroFora".
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+ By a Timely coincidence, this same Evening, German Chancellor Angie Merkel, (a well-known supporter of Innovation in Digital Technologies), after a landmark debate on EU's Future towards a closer Economic and Political Union, together with MEPs Groups' Presidents at EU Parliament in Brussels, where she stressed that "Europe must be an Innovative Continent" and "Invest in the Future",
is meeting in London the British Prime Minister David Cameron, who has recently stressed, at the latest EU Brussels' Summit (comp. "EuroFora"s NewsReports from the spot) that - "there is a Global Race taking place, and ...there is a danger of European countries and the EU falling behind. So ... what is absolutely vital is that we encourage enterprise, "and ... most importantly, we look at the greatest asset we've got, which is the Single Market, ...the single Biggest Market anywhere in the World, and we Complete that market", since, even in "its 20th Anniversary right now, ...it still isn't finished, in Digital, in Services", etc., "and that is the Agenda I'll be pushing very hard".

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CoE to adopt Rules for "Protection of Internet Users' Human Rights" in 2013
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The Conservative-Liberal Governing Coalition in the UK has already shown its interest on Internet-related issues during the recent Brittish rotating Presidency of the CoE, (November 2011- May 2012), which strongly supported a PanEuropean Strategy on main Principles for Guidance at the World Wide Web, at the aftermath of the 1st ever discussion on Internet Governance by the G8 Summit of Heads of State/Government under the Chairmanship of former French President Nicolas Sarkozy at Deauville, (Comp. "EuroFora"s relevant NewsReports both from the G8 Summit at Deauville and from the Brittish CoE Presidency in Strasbourg).
=> - "According to CoE's recently adopted "Internet Strategy", Strasbourg's PanEuropean Organization is currently working on a Pioneer Legal Recommendation for "the Protection of the Human Rights of Internet Users", which concerns "all Internet-related Platforms", and could be hopefully adopted by CoE's Committee of Ministers in the course of Next Year (2013), revealed to "EuroFora" the experienced CoE Director on Information Society and Crime, Jan Kleijssen from Austria (forthcoming 2013 CoE's rotating Chair),

+ In parallel, continues to evolve further also CoE's preparation of a "Modernization" of its Historic "Data Protection" International Treaty, while EU also drafts its own Data Protection norms.
=> USA also (which already have a Special Status at the CoE, as well as Canada, Japan, etc) can and do follow CoE's relevant activities, while big American and other Companies are even more interested, and could, f.ex. benefit from a kind of "Quality Mark" if they endorse CoE's Internet Users' Norms, Kleissjen agreed with "EuroFora".
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But, since the Digital AV World has really become "Global", as EAVObs' Executive Director, Wolfgang Closs observed to "EuroFora" (comp. Supra), then, what about China ?
- Pointing at a recent trend towards a "Convergence accross Industries in the Digital AV sector, "Cultural industry will further Integrate with other industries", such as "Manufacturing and Service industries", which "will spur ...Development", particularly with "substantial progress ..in the Integration of Telecommunications Networks, Cable TV networks and the Internet", stressed mainstream "People's Daily" in a Strategic text placed under the Heading "a Vision of Innovation", published at the eve of a crucial CPC Congress November 8-15, 2012.

In this regard, "Digital industry will develop at Fast pace and ultimately become the Core of the Cultural sector", creating "a Digital Boom", CPD concludes.
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+ "China's cultural Innovation is heading towards a golden Decade of unprecedented prosperity, profits and pride", it hopes : "Over the next decade, China's cultural industry is geared to maintain high growth and ultimately grow from a new engine into a Pillar of the national economy., while also "Investment in the industry will gradually diversify as the share of private and foreign capital increases". "The industry will become more and more concentrated, with the emergence of a growing number of Flagship cultural Conglomerates, which take up a large percentage of China's domestic market. China's Cultural industry will see more than 100 public companies, which will be listed in both the domestic and Overseas capital markets".
- The recent development, and further prospects for the Chinese Web Search Engine "Baidu", (a regional competitor to USA's "Google"), apparently is one among various such concrete examples...
- Indeed, "China is currently in the process of setting up its "Dragons"", (i.e. big and innovative enough Businesses, destinated to grow in a Global World), said earlier to "EuroFora" the experienced Diplomatic Advisor of French President Hollande, Paul-Jean Ortiz, (comp. "EuroFora"s relevant NewsReport from the sidelines of the latest, October 2012 EU Summit in Brussels).
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(NDLR : "DraftNews", as already sent earlier to "EuroFora"s Subscribers/Donors. A more accurate, full Final Version may be published asap.
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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.
Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.
The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.
This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.
In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..
EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.
But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.
His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
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Holovaty expressed his will to check "Matters still Outstanding" and those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit. This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".
CoE's Resolution also asks from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.
Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out which issues will be raised" to the Turkish Government.
Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
- "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.
- "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.
- "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.
- "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."
Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World. "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.
In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...
Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific : - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.
- The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.
"Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...
Moreover, on 2008, CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008... concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.
"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.
- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur. Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...
- "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.
But, "the Electoral system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.
+ Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".
The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.