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Inicio arrow newsitems arrow French Media Minister Nyssen to Eurofora: Towards defining Journalism by Deontology, Not Fiscal data

French Media Minister Nyssen to Eurofora: Towards defining Journalism by Deontology, Not Fiscal data

Escrito por ACM
18.05.18
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*Strasbourg/ARTE/Angelo Marcopolo/- Responding to a Press Invitation for a Debate with New French Minister for Medias and Culture, Francoise Nyssen, on the "Hot" Topical Issue of "Fake News", organised this Afternoon at the prestigious European Radio-TV "ARTE"'s Headquarters, Facing EU Parliament's Building in Strasbourg, "Eurofora" was Positively Surprized by the Competent Minister's Brief, but Clearly Affirmative Reply to our Question about whether it may be More Helpfull for the Quality of information to Adopt a Definition of Journalism which would be Based preferably on Press Deontology Principles, Instead of some mainly "Fiscal" elements, (as some still persist to demand, Contrary to Recent European and International Developments : See Infra).


This interesting Exchange, Topically took place Shortly Before a brand-New Law on "Fake News" is due to be Soon Voted by the French National Assembly, (See Infra), Drafted by MP Bruno Studer, (who was also Present in that Event, and Spoke, Afterwards, to "Eurofora" : See Infra).


Meanwhile, "ARTE"'s Officials had already shown some Well-Crafted Videos of special TV-Programs for Children which made an artful, but adequately Simplified Introduction to some Press Deontology's Basic Principles, (including, f.ex., to Cross-Check alleged "Facts" for Verification, etc).

 

french_media_minister_nyssen_at_arte_press_area_eurofora_400


But, even if that Special Meeting had been Explicitly Prepared for such "Fake News" - related Debates, Nevertheless, curiously, Most of the Participants to this "ARTE" Debate, had prefered to Focus, instead, on anOther, Different Topical Issue : that of a ... "Culture-Pass" Card for Free Access to Culture by Young Students, which had been Launched by Thyssen earlier this Morning and appeared quite Popular, (See Infra)...


Therefore, "Eurofora" had, practically, to Wait up to the special Moment Fixed by the Ministry's Press Service, for a Specific "Press-Point" with the Accredited Journalists, in order to have a Chance to Explore the Competent French Minister's Views on the above-mentioned Issue :
-----------


 - "Eurofora", Noting the Fact that, recently, there are Several moves about "Fake News" also at European level, (f.ex. in EU Parliament, CoE, etc), as well as various Proposals made by Independent, Experienced Press Experts (See Infra),


Asked the French Minister for Medias, if she Agreed that, at least one among the Ways to Protect the Quality of Information, should be to Find Ways to Make the Definition of Journalism (including Legal), Closer to Values and Principles of Press Deontology, instead of restricting it to some Controversial, rather "Fiscal" purposes-Serving elements, (which put, f.ex., France at a Distance from Germany, from ECHR's Case-Law, even from the Inter-American Court of Human Rights', etc. : See Infra).

 

french_minister_of_culure__medias_fr._nyssen_400 


- The Reply, given to that "Eurofora"s Question, by the French Minister of Medias and Culture, Francoise Nyssen, was Suprisingly Positive :


 - "We (France), ... are Already Advancing Towards that Direction !", she immediately Stressed, from the outset.


- "In fact, it's (almost) Already there !", Nyssen spontaneously Added, (may be too Optimistically, but, at any case, significantly)


+ And, as a Concrete Example, the Competent Minister pointed, at least, at a particular "Law", which had been Adopted by the French National Assembly "a Few Time Ago", i.e. since 2016, (See more Details Infra).


--------------------------------


    Both some Old and Recent French Legal/Political Texts (already from 1979, 1881, as well as after 2010, etc) make certain Interesting References to various Definitions or, at least, Descriptions of Journalism, which seem very Close to that officially and clearly Adopted by the Inter-American Court of Human Rights already as early as since 1985, (See : http://www.eurofora.net/newsflashes/news/iachrcoebookandefjsgonjournalismdefinition.html, etc), before being also, mutatis-mutandis, endorsed by CoE's Committee of Ministers since 2000, and more Recently and clearly reiterated, in substance, by a relevant Reply of the European Federation of Journalists' Secretary General Gutierrez to a relevant "Eurofora"s Question during a 2-Days long International Conference on Press Freedom issues, as well as by the Explicit Definition subsequently adopted by a Team of CoE's Experts who Drafted the Latest, 2016 Book of the PanEuropean, 47 Member Countries-strong Organisation for Human Rights, Democracy and Rule of Law, about Press Freedom, Journalists and the Internet, back on 2016-2017, consistent with ECHR's case-law on Article 10, (which is the Only one to Protect Journalists) :


- I.e, mainly, that Journalism is the Activity of Persons Committed to Regularly Search, Analyse, Write and Publish Original News on Issues which Affect People's Lives and/or Society at large, (Comp., inter alia, also, f.ex.: http://www.eurofora.net/newsflashes/news/coecommissionerandjournalistsafety.html , etc).


However, at least Some among those French Texts (Contrary to the situation existing in Other Countries, both in Europe and elsewhere in the World) use to Add also an irrelevant element, which has Nothing to do with pluralistic Democracy, Neither with Human Rights, but it apparently Serves only some Fiscal purposes, (concerning, f.ex. those who Pay a certain Percentage of Money Revenues to the Journalist, etc).


+ That's one among the Reasons for which, (according to an Earlier Suggestion made by "Eurofora" on the occasion of a Journalists' Gathering at the CoE in Strasbourg, when we also Discussed the matter together: http://www.eurofora.net/newsflashes/news/digitalpress.html +
+ http://www.eurofora.net/brief/brief/webmedia.html), the World-Famous Press Expert, former Long-Time Secretary General of the European and International Federation of Journalists, and currently Director of the "Ethical Journalism Network", Aidan White, has Urged, (mainly in a Long Article at a Book Published by the CoE on 2015 : See http://www.eurofora.net/newsflashes/news/iachrcoebookandefjsgonjournalismdefinition.html), in substance, to Focus, on the Definition of Journalism and Assimilated activities, more on the observance of certain Basic Principles of Press Deontology.


-------------------------------


+ Moreover, Nyssen did Not immediately Deny when "Eurofora" added that "this should concern also the Traditional Medias, since, f.ex., in the USA, even "CNN" has been recently Accused to air "Fake News", as well as some Other Mainstream Medias, (particularly by People related to New US President Don Trump).


- But, at least as far as it concerns the current Draft Law on Fake News, its main Author, French MP Bruno Studer, speaking afterwards to "Eurofora", had a quite Different stance :


- "We don't focus on the Content, but, mainly on the Way in which it is Transmitted", Studer sharply told "Eurofora" in Reply to a Similar Observation as that which we had just made in fine during Media/Culture Minister Thyssen's Press-point, (Comp. Supra).


At this Stage, it remains, however, to take due Care for that Draft Not to risk to be Criticized for any eventual Discrimination against On-Line Medias, compared to Traditional Medias, which would, obviously, be Both irrational, not legitimate, and almost certainly illegal. It all depends, naturally, on How exactly will be Crafted the Precise Wording of the Final Text.


- As MP Studer confirmed to "Eurofora", it's expected to be Voted by the French Parliamentary Assembly at the Beginning of June 2018, and, afterwards, it will follow the usual Procedure of Debate and Vote also by the Senate, according to the results of which, it will be brought to President Macron for official Promulgation, so that it might, probably, enter into force, around the Beginning of 2018's Autumn.


---------------------------------------

 
french_minister_for_media_fr._nyssen_euroforaa_400_01 


- However, when Minister Thyssen gave the above-mentioned Reply to "Eurofora"s main Question about a Definition of Journalism closer to Press Deontology, instead of mere Fiscal aspects, (Comp. Supra), she chose to cite as an Example supposed to Advance in this Direction, a 2016 Law, which had been Drafted by the former President of French Parliamentary Assembly's Committee on Cultural/Media Affairs, Patrick Bloche :

 - F.ex., already, "we had the Bloche Law on (Press) Deontology, which was adopted a few time ago", she simply pointed out, in this regard.

Indeed, that Law speaks about Press Deontology, and apparentlly seeks to Protect Journalists against some eventual Pressure to go against it.


But it does so mainly in the case of eventual Differences between a Subordinate Paid Worker and his Boss, inside a Collective Business outlet, etc.


Therefore, it does Not contain any kind of innovative Definition of Journalism "erga omnes" at all.


In Addition, that quite Controversial Law had been Attacked by MPs and Senators before the Constitutional Court in France, which declared at least 1 of its main Articles as UnConstitutional.


Moreover, several Medias, even Traditional Mainstream Newspapers (as f.ex. "Liberation" : Center Left, etc) have, meanwhile, Published some very Critical Articles, which Denounced, in particular, that some Ambiguities in that 2016 Law, might, in Fact, instead of Protecting Journalists, (as its Initial and Official Aim was), it might, on the Contrary, provoke even certain Dangers against Press Freedom, in certain cases...


=> Therefore, it's obvious that the Need to susbtantiate further, with concrete examples Medias Minister Thyssen's overall Positive appraisal, in her Reply to "Eurofora"'s above-mentioned Question, (Comp. Supra), stil remains.


Hopefully, some interesting relevant elements of Fact might, eventually, Start to Arrive, in one way or another, at the Horizon of a foreseeable Future, asap....



------------------------------------------
+ "Culture-Pass"
-----------------------------------------------


+ For the Rest, Earlier Today, Francoise Nyssen, as Minister of Culture, had notoriously Launched, elsewhere, the experimental stage of a Popular New Measure due to Help Young Students' Access to Culture, nick-named "Pass-Culture", in Agreement with the University of Strasbourg :


- Those sympahetic events took place at the National Theater of Strasbourg (TNS), after a Meeting with a Team of Young People at the adjacent Museum of Famous Cartoonist "Tomy Ungerer", (by a Coincidence, located side by side with CoE Secretary General's Home !).


But, even if we had been Accredited also for that Event, unfortunately, this happened almost at the Same Hour, during which, "Eurofora" and several Other Journalists, had to made a Press Coverage of French Prime Minister Edouard Philippe's official visit at the ENA School for Senior Officials of Public Admiistrations, at the Other Side of Strasbourg... (See our NewsReport, with Statements made by PM. Philippe, and other relevant News, from the spot at : http://www.eurofora.net/newsflashes/news/frenchprilmeministeronenaschoolasitalydecides.html).

--------------

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Nevertheless, "Eurofora" had the opportunity to Meet, just a few Minutes after Nyssen's departure from the TNS, a group of 3 Young Students who had personally Participated to those events on that "Culture-Pass" Card :


- By speaking briefly with them on the spot, it became Clear that they appeared very Glad for that Move, (at least at this Stage), made according to New French President Emmanuel Macron's Electoral Promises of 2017, as they Reminded themselves, which is due to Give them a kind of Credit up to 500 € per Year in order to Pay for Access to various Cultural Events, that they are, in principle, "Free" to choose, where, when and as they Like, (f.ex. on many, or few, even one event, etc).


Last, but not least, by a Coincidence, Both 3 of them, told "Eurofora" that they were Originated from "Selestat" Village, Near Strasbourg, i.e. the precise Strategic Local Crossroads from which we had taken a Train recently in our way Back from President Macron's recent Trip up to the Nearby Vosges' Mountains, where he Launched the 1st "EU Citizens' Public Consultation" on Europe's Future (at Epinal City), before Visiting also various Other landmark, Rural but Historic Areas, (such as, f.ex. Saint-Dié city, etc. : See Macron's Reply to "Eurofora"s Question there at: ....)
 

 

(../..)



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(NDLR : "DraftNews", as already send, Earlier, to "Eurofora" Subscribers/Donors. A more accurate, full Final Version, might be published asap)

 

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 politkovskaya_gongadze_adali_400

Hu Jia's prize brings SAKHAROV's wife to "EuroFora" on murders of Journalists Politkofskaya, Gongadze and Adali :

- Elena Bonner : "All Journalists' murders must be fully investigated", without Double Standards.                                                                                    

During a special Mega-Event to celebrate 20 Years of SAKHAROV Prize for "Freedom of Thought", attributed in 2008 by EU Parliament to jailed Chinese Cyber-Dissident Hu JIA, the move was reinforced by strongly criticizing the persisting impunity in three cases of Journalists' Murders, such as POLITKOVSKAYA in Russia, GONGADZE in Ukraine, and ADALI in Turkish-occupied part of Cyprus.

Any bureaucratic doubt about whether Cyber-dissidents like Hu JIA might have, or not, a right to be protected as all Journalists must be, particularly when they take risks to search, find and publish original and critical News on issues of general interest to the society, could not resist to the emotion provoked by the message of his Wife, Zeng JINYAN spectacularly transmitted at a big screen in EU Parliament's hemicycle :

- "The most important and most interesting thing he did was to ... say the Truth :.. to write about the phenomena he observed... He never stopped Publishing.. on websites, so that the Public could learn about the reality .. and understand it.  In my view, this has been his greatest contribution", stressed the young wife of the jailed man, eager to cite also the cases of other critical journalists who faced various kinds of "harassment".

 - "Welcoming all those who have suffered for defending Human Rights", EU Parliament's President, German MEP Hans Gert POETTERING, who had invited to Strasbourg all former Sakharov prize-winners from various Countries throughout the World, said that "China needs Europe, and Europe needs China : A great nation" with which "we want to have a good relationship", "association and ..friendship". "But we are never going to stop our fight for Human Rights, and No Government can expect this from us".

    - "It's impossible  to achieve goals of Peace, if Human Rights are left out. In fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.

    It's in this spirit that MEPs adopted, on Thursday, a Resolution denouncing that "the criminal
investigation and trial following the murder of (a) Journalist ...raises serious concerns with regard to transparency and respect for the rule of law", when a "brutal killing has not yet been fully investigated and solved in a satisfactory way".

    The text refered to dissident Journalist "Anna POLITOVSKAYA", a critic of Tchechen conflict, killed some years ago in Moscow, where Russian Authorities have found, arrested and are currently judging two executants, while also searching to arrest also a 3rd one, allegedly escaped in Belgium. But they have not yet found the instigators.

     Similar texts were adopted recently also on dissident Ukranian Journalist Georgiy GONGADZE's murder, for which Ukranian Authorities have at least found, arrested and condemned 2 executants to 12 and 13 Years of jail, but not yet the instigators. For that purpose, they recently accepted an International Experts team to participate to the investigations.     

But, it's only for the Murder of dissident Turkish Cypriot Journalist ADALI, in the occupied territories of Cyprus, that Turkey has NOT yet found ANYONE responsible, and even claimed recently inside CoE that it would be "impossible" to do so !    

These astonishing differences exist despite the fact that ECHR condemned alike Ukraine and Turkey with 2 Judgements on the same year : 2005, for the murders of  Journalists GONGADZE and ADALI, strong critics of Corruption in Ukraine, and of Ankara's policies on mass-influx of Turkish Settlers in the Occupied Territories of Cyprus, respectively.    

Regarless of that, CoE's Committee of Ministers, who is entrusted with the duty to supervise execution of ECHR's judgements, has just asked Ukraine's Government to reply to further questions on Gongadze's murder before March 2009, while Turkey, curiously, got a longer postponement for answering questions on Adali's murder, until June...   

A comparison of these cases, raises serious questions about Double Standards :

------------------------

On TRANSPARENCY :
--------------------------
    On Gongadze's murder, CoE's body speaks even about the participation of
"an INTERNATIONAL group of Experts" in the Investigation, (f.ex. of "Tape Recordings"), accepted by Ukraine.
    On the contrary, on Adali's murder, CoE is obliged to repeatedly ask (for a 2nd
time) Turkey whether, at least, it informed the victims' Family, or not...
------------------------------
- On EFFICIENCY :
-----------------------
On Gongadze's murder, CoE formally "recalls that the Committee (of Ministers) ..URGED the Ukranian authorities.. to TAKE ALL NECESSARY INVESTIGATIVE STEPS TO ACHIEVE CONCRETE and VISIBLE RESULTS in the INVESTIGATION, aimed at the Identification of the INSTIGATORS and Organisers of the Murder", and "STRONGLY INVITED the Ukranian Authorities to provide information on the PROGRESS IN THE INVESTIGATION", before MARCH 2009.

But, on Adali's murder, on the contrary, CoE's body merely .. "took note" of the "arguments presented by" Cyprus, which denounce the absence of any proof of new "investigation" by Turkey. Following Turkey's own suggestion (!), it simply "noted" that there is "no limitation period" for "any new element" to "lead potentialy (sic !) to a Re-Opening of the Investigation". Without saying who might find any such "new" fact, since Turkey stoped searching... It also POSTPONED the issue until .. JUNE  !
-----------------------
 - On the PUNISHMENT OF THOSE RESPONSIBLE :
----------------------
 -  On Gongadze's murder case, Ukranian Authorities already arrested and condemned, at least 2 suspects, to 12 and 13 Years of jail. And on Politkovskaya's murder at least 2 suspects are judged, and a 3rd one "wanted".

On the contrary, on Adali's murder case, the Turkish authorities simply claim that "it had not been possible to obtain new .. information .. on the basis of which criminal charges could be brought against ANY person" !...

Moreover,  a LETTER sent by Turkey ...2 Years after CoE's 2006 call to re-investigate anew Adali's murder case, is totally EMPTY of Facts ! As Cypus' Delegation denounced earlier, Turkey's Letter ONLY CLAIMS that a "New Investigation" was made without any result, but does NOT even cite ANY FACT to prove it :

F.ex.,on the crucial issue of the "MOTIVATIONS" behind Adali's murder, noted by ECHR, Turkey MERELY CLAIMS that "all allegations  were investigated; without result", but OMITS ANY FACT TO PROVE IT !..(It doesn't even remind which were these "allegations").. .

+ On ECHR's astonishment that the Turkish Occupation regime didn't produce any "BALLISTIC REPORT" on the Shots which murdered Adali, Turkey again repeats, 12 years later, that, still, even until now, "it  was not possible to obtain the BalisticReport"...

- As for the astonishing absence of key-WITNESSES' Testimonies, denounced by ECHR, Turkey agains repeats various pretexts avoiding to reveal anything, (Fex. that a person "left" the Occupied Territories  "on 2002", or that another witness was heard, but without revealing nothing of what he said, etc).

Turkey obviously "FAILS TO MEET THE CRITICISM made BY THE COURT" for lack of any efficient Investigation in Adali's case, concluded Cyprus' Government.
---------------------------------------------
Replying to our Question which COMPARED these 3 outstanding cases of "JOURNALISTS MURDERS", Adali, Gongadze and Politkovskaya, in order to avoid "Double Standards" by asking from Ukraine and Russia more than what is asked EU candidate Turkey, many European personalities were critical /

They criticised Ankara's recent claim at the CoE to stop investigating, because it would be "impossible to find anyone" responsible for the 5 bullet shots which killed Kutlu ADALI in front of his Family Home, contrary to the other two Journalists' murders, where Ukraine and Russia at least arrested the executants, searching now for the instigators :
----------------------------------

imag0103_400

    - "Where was that ? In Turkish Occupied Cyprus ? WITHOUT ANY DOUBT : Any murder of Journalist should be investigated in full ! All these Murders must be investigated !", replied the famous SAKHAROV's wife, Elena BONNER to our question on Adali's case, compared to Gongadze and Politofskaya.

    Elena Bonner spoke us EXCLUSIVELY shortly after being honored by the President
of EU Parliament on the occasion of 20 Years of her husband's SAKHAROV Prize.

    A strong personality, Sakharov's wife even had to struggle against an anonymous EU staffer who, astonishingly, tried to stop her speaking when h heard our question on "Turkey" (!) : - "Please, let me translate, she continues
speaking, don't stop us !", had to cry Sakharov's daughter, (a Journalist
herself), who was translating her mothers' reply, (obliged to speak louder to
make her voice heard despite the harassment).. (= + Audio Proof !)

    Earlier, Elena Bonner also fustigated "Double Standards" at another case, on
Western countries' attitude vis a vis Kosovo and the Kurds : -F.ex. "You have
recognized a few 400.000 Kosovars as an "independent" country, but you still
deny that to 30 millions of Kurds in Turkey !", she denounced.
-----------------------------
    - "This (ADALI's murder) is an issue which should be pursued by the Committee
for Human Rights. That's why we have one, and it's its duty to examine cases of
Journalists' murders as the one you referred to. You should bring the case in
front of that Committee", suggested in reply to our question on Adali, EU
Parliament's President, German MEP Hans Gert POETTERING.

    - "It's impossible  to achieve goals of PEACE, if HUMAN RIGHTS are left out :
in fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
--------------------------------------
    + "For us (European/International Federation of Journalists) it's clear :
Whenever a Journalist is Murdered, the Investigation should continue until
those Responsible are found !", replied earlier to another question on ADALI
EFJ/IFJ's Secretary General, Aidan WHITE.

    Speaking as a matter of General Principle, White asked us for "concrete data"
on the execution of ECHR's judgement on Adali case, in order to "look at it in
depth" and "make a formal statement", in comparison with the other Murdered
Journalist case, also pending at CoE's  Ministers for completing its execution,
on Ukranian Gongadze.
----------------------------------------------------
     From EU Rapporteur on Human Rights, vice-President of EU Parliament Liberties' Committee, MEP Giusto CATANIA, we were told that, since there is an ECHR judgement in both Adali and Gongadge's cases, "Turkey must naturally execute the judgement and make a full and efficient investigation, until those responsible for the Journalist's murder are found and punished".

    Even if "we (Catania's "EuroLeft" Group) support Turkey's EU perspectives, this does not mean that Ankara should not behave properly. On the contrary, it means that they have to meet tough conditions, particularly on Human Rights", was added on the occasion of Adali's murder case.

    Moreover, "since you raise the issue of Mr. Adali's muder as a part of a Series of Journalist's murders, including fex. Gongadze, Politkovskaya, ao., tthen we (EU) could also act together with CoE's Commissioner on Human Rights, Thomas HAMMARBERG, it was suggested.

    - "We (EU) must step up efforts against the problem of IMPUNITY : Real Peace cannot exist without Justice",  stressed also this week at EU Parliament in Strasbourg, French Minister on Human Rights, Mrs Rama YADE.
------------------------
                     

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