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Haupt arrow newsitems arrow CoE Information Society Director Kleijssen to EF: Journalism Definition Extends in Web for Pluralism

CoE Information Society Director Kleijssen to EF: Journalism Definition Extends in Web for Pluralism

Geschrieben von ACM
Wednesday, 20 March 2019
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*Strasbourg/CoE/Angelo Marcopolo/- Experienced CoE's Director for Information Society and Fight against Crime, Jan Kleijssen, from the Netherlands, Speaking to "Eurofora" on the occasion of a 2 Days Conference on Medias and Pluralism, particularly in the Modern Digital landscape, organized by the CoE together with "Reporters without Borders' NGO for Press Freedom, observed that the Legal Protection of Journalists would have to be Extended also to certain New Media Actors, (as the CoE has already started to officialy acknowledge : See Infra), in order to become able to succesfuly Face the Challenges for Pluralist Democracy Nowadays.

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- My main "Message" to this 2019 Conference is that,  while, "Still, the Old Challenges on Regulators, to ensure Medias Ownership's Transparency, and about Finances, on Concentration, etc, they stay", nevertheless, "there are also New Challenges, with the Digital Media Platforms", Kleijssen told "Eurofora" from the outset.

- Particularly "when they are acting whether with Less and less Human Editing, but More and more Automated Editing, (i.e. Artificial Intelligence), because there is a lot of Algorithms in it, a lot of Processes in it, (mainly on Web News Distributed via Artificial Intelligence : "that's an Issue"). => "So, it's important to make sure that Regulators (i.e. States, European/International Organisations, etc) can face these Challenges too".

+ And, "f course, a Challenge that underlies it all, at the Moment, is also about the Physical Safety of Journalists", as it's noted in "the (CoE's) Secretary General's (Thornbjoirn Jagland's) Latest Report (2018), with very Worrying Results of the Surveys carried out in Europe", which show how Many Journalists" faced such serious problems, he reminded.  

- "F.ex., Everybody knows the case of Daphne Caruana Galicia in Malta, (a brutal Murder, where investigations still Delay in lots of things), followed by another one in Slovakia, (with investigation apparently Advancing much faster), as very High-Profile cases (of Killings of Journalists), where, what happened is, of course, Absolutely UnAcceptable", Kleijssen denounced.

+ "But, in addition to that, there is a Lot of "Low Intensity" Intimidation, Harassment, etc., of Journalists. And this is something on which we (CoE+) have to be Alert too, for Medias' Pluralism, as it's part of it", Jan Kleijssen concluded, as far as the 2019 "Cornerstones" are concerned.

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- In relation to that, "Eurofora" Questioned the CoE's Director for Information Society, about the Controversial Views of "Some (who) Persist to abuse of an Old kind of "Fiscal" Definition of Journalism, claiming that it would Merely mean ...+51% of Revenues paid by any Media Business, regardless of the Content of the Work provided. Thus, f.ex., even a lazy and passive, simple Radio-TV Presenter might have much More Rights and Protection, than a Creative Writer who Risks even his/her LIfe to Investigate "Hot" Issues, Help Discover all the Truth, and reveal to the People the full Findings, when he believes that they affect the General Interest in our Society, as we denounced.                               

 - "No !", reacted Kleijssen. In fact, "there are Texts of CoE's Committee of Ministers which have already said that the Definition of "Medias", and their (Legal) Protection, should be "Extended".

- This includes, f.ex., also certain Bloggers, and Other New Media Actors, who Publish News Regularly, and, may be More Read than Traditional Newspapers, also, sometimes highly Succesfully".

- He said that in Reply to "Eurofora"'s reminder of the case of Daphne Caruana-Galicia, brutaly Murdered in Malta, who had been Hindered, by a Chief Editor, to Publish Critical News in her Traditional "Weekly" Newspaper, (as her Family had revealed to "Eurofora"), and was obliged to create a WebNews Site where she Published Alone, Dangerously Exposed,(See, among others, also: http://www.eurofora.net/newsflashes/news/webjournalistmurder.html, http://www.eurofora.net/newsflashes/news/euparliamentpresidentoncoeandjournalistmurder.html, http://www.eurofora.net/newsflashes/news/daphnewebjournalistmurderenquiry.html, http://www.eurofora.net/newsflashes/news/daphnepressfreedomandcorruption.html, http://www.eurofora.net/newsflashes/news/rsfleaderondaphnemurderandjournalism.html, http://www.eurofora.net/newsflashes/news/eucoenewsondaphnemurder.html, etc).

 

- Concerning Daphne's Husband's recent Denonciation, at another event, previously in Strasbourg, that "the (official) Investigation its Stuck !" (See: ..., etc), Freedom of Speech NGO "Reporters wihout Borders"' International Director, Dr. Michael Rediske, replied to an "Eurofora" Question with a Bitter Denonciation of the fact that "those who have the means to act, do Not want to do so ! But, unfortunately, we can't send them to the Haye International Criminal Court"...

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+ Such a Topic (as Journalists' Protection Status being Extended also to New Medias Actors at the Web), "might also be discussed", during this Conference, later Today, and/or in various other Events on Medias' "Pluralism", where "there will be a lot of Angles", Kleijssen guessed.

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>>> In this regard, 2 landmark CoE's Books, about "Journalism at RISK : Threats, Challenges and Perspectives", and "Journalists under PRESSURE : Unwarranted Interference, Fear and Self-Censorship in Europe", Published on 2015 and 2016, respectively, had been rightfully Chosen by the PanEuropean Organisation for Human Rights, Democracy and Rule of Law of Strasbourg, in order to be Displayed on the spot and Offered to the Participants in this Conference.

+ Between them, had Also been Published a Relevant "Eurofora"s Article, with an Interview of the New Secretary General of the European Federation of Journalists, Ricardo Gutierrez, and the mention made by a representative of CoE's Committee of Ministers, during an International Conference on "Freedom of Expression", to certain Important Decisions taken by the Inter-American Court of Human Rights, precisely on that Question of "Journalist"s  Definition, (Comp. Supra) :

(1) In the First CoE's Book "Journalists at Risk", 2015), Aidan White (Long Time former Secretary General of the Internationonal/European Federation of Journalists, and Nowadays of the "Journalists' Ethical Network", in an Exceptionaly Long Article, basically Urges to Extend most of Traditional Journalists' Legal Protection also to some "Other Actors" of Medias in our Digital Society, on the Condition that they will Accept to Practice the main Principles of Press Deontology, (See: http://www.eurofora.net/newsflashes/news/iachrcoebookandefjsgonjournalismdefinition.html . An Idea that "Eurofora" had Initially suggested to White as Early as since 2009-2010 : See  http://www.eurofora.net/newsflashes/news/digitalpress.html, http://www.eurofora.net/brief/brief/webmedia.html , etc).

(2) In the relevant "Eurofora"s Article" (November 2015 : http://www.eurofora.net/newsflashes/news/iachrcoebookandefjsgonjournalismdefinition.html), we refer to 2 Decisions of the Inter-American Court of Human Rights (cited by a CoE's CM Representative : Comp. Supra), which stressed mainly that : "Journalism canNot be equated to a Profession", i.e. Not "Only through those who are Enrolled in a certain Professional "Colegio" (Corporation)", "because", in fact, "Journalism is the Primary and Principal Manifestation of Freedom of Expression of Thought, .... which is an Inherent Right" of a Person, "and has a Double Dimension  : Individual and Collective", including Both "the Right of an Individual to Express himself Freely, AND that of Society as a whole  to Receive Information", so that any "Violation" of that, Threatens also "to Deprive Society of possible Sources of Information", affecting "a CornerStone upon which the very Existence of a Democratic Society rests", since "it's Indispensable for the Formation of Public Opinion", and "a Condition sine qua non for the Development of Political Parties, Trade Unions", etc., and "the Means that Enable the Community, when Exercising its Options, to be Sufficiently Informed", given the Fact that "a Society that is Not Well Informed, is Not a Society that is Truly Free". + That's why, the very "concept of Public Order in a Democratic Society, requires the Guarantee of the Widest possible Circulation of News, Ideas and Opinions, as well as the Widest Access to Information by Society as a Whole", and "is not conceivable without Free Debate, and the possibility for Dissenting Voices to be Heard".

<< => In consequence, "Journalism is the Primary and Principal Manifestation of Freedom of Expression", and "the Thing that Journalists do, involves, precisely, the Seeking, Receiving and Imparting  of Information", since "the PRACTICE OF JOURNALISM ...Requires a Person to ENGAGE (Him/Herself) in Activities that define or embrace the Freedom of Expression", so that "the Professional Journalist is not, nor can he be, anything else, but Someone who has Decided to Exercice Freedom of Expression in a Continuous, Regular" way.  As for "the Circumstance, Whether, or Not, that Right is Exercised as a Paid Profession, canNot be deemed Legitimate in Determining whether (a) Restriction" might be acceptable, since "that's Not a good enough Reason to Deprive Society of possible Sources of Information". "Unlike Journalism", "the practice of Law or Medicine, that is to say, the Things that Lawyers or Physicians do, is Not an Activity Specifically Guaranteed by the Convention" on Human Rights, and, therefore, it could be Restricted,  for "Reasons ... that May... Justify Compulsory Licencing of Other Professions", but canNot be invoked in the case of Journalism, because .... this could Violate the Basic Principles of a Democratic Public Order", (Comp. Supra), IACHR Distinguished.>>

(3) Shortly Afterwards,the Second CoE's Book, cited above, ("Journalists under Pressure": 2016), clearly Adopts a Similar "Definition" : "Journalist = A Person who is Regularly Engaged in Collecting or Disseminating Information to the Public, with a Journalistic (Public Interest) Purpose". (P. 11). 

+ "Definition of Key Terms : ... Journalist = ... The Council of Europe's Committee of Ministers, in 2000, Defined a Journalist as "any ...Person who is Regularly (Or professionally) Engaged in the Collection and Dissemination of Information to the Public, via Any Means of Mass Communication". (Appendix to Recommendation No. R (2000) 7..." + "Recommendation CM/Rec (2011) 7, on a New Notion of Media, Recognized that the New Media, Created by both Technological and Social Change, has seen the Entry into scene of a New Breed of Reporters : Bloggers, Citizen Journalists, and Others, who Create user-generated Content. The Adoption of this New Notion of Media, Necessitates the Recognition that "the Scope of Media Actors has Enlarged, as a result of New forms of Media in the Digital Age". CoE 2014". (P. 24).

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Meanwhile, CoE's 2019 Conference on Medias and Pluralism Today, (Comp. Supra), advanced by stressing the Growing Importance of New, Digital Medias, Both in Quantitative and Qualitative terms, i.e. as being also, potentially More Efficient than Traditional Newspapers, particularly in Stimulating Pluralist public Debates in Nowadays Democratic Societies, i.e. to meet the main Purpose of Journalists' Freedom of Expression (Comp. Supra): 

- "Often, Web Medias Bypass Traditional Medias", observed, f.ex., Nouri Lazmi, President of Tunisia's Independent High Authority for AudioVisual Communication.

- Already, "for Young People aged 16 - 24 y.o.", the "Web has become the 1st main Source of News", noted Maria Donde, "Ofcom"s Expert for International Content Policy, (even if Radio-TV still remains "the Most viewed", according to a recent Poll on "Web Medias' Consumption", at least in the UK).

+ Moreover, their "Real Consumption is "Under-Reported", Donde found. Perhaps, it's also because "Most On-Line News" are read through "Smart-Phones", and "when Passively Strolling".

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- But they are bringing Both "Good and Bad Journalism", or "Risks of Fake News", Lazmi warned.

+ Most of such Medias use to "Behave as Political Opponents in an Arena", with "Strong Political polarisation". On the Contrary,  "Neutral Medias are Marginalized", f.ex. in Libya, etc., regretted Professor Carola Richter, from Berlin's Freie University.

- The "Bad" aspects are the Excessive Role of "Interest Groups", and the InSufficient dimension of "Deliberation" and/or "Consent-Building" functions, he Criticized.

=> But the "Good" aspects, are that Web Medias "Allow People to Speak out", with a "Diversity of Perspectives in Public space", Professor Richter stressed.

+ This Importance of this Key point was particularly underlined by Tarlach McGonagle, Senior Researcher/Lecturer at the Information Law Institute of Amsterdam University, "as part of a Wider Participation in Public Debate".

- Indeed, ECHR has already underlined (f.ex. since "2010") "States' Obligation" to support structural "Pluralism", for which "States must be Guarantors", he observed.

>>> And, those New, Web Medias, precisely, help boost a kind of "ReConfiguration of Public Debate".

- This is achieved now Both with Traditional "Journalists", but "also with Oher Actors" at the Web, such as various "Bloggers", "Corporations", etc., he reminded, on this Focal point, (Comp. Supra).

- Indeed, a "Pluralist" debate for Democracy, notoriously is the main Ideological Legitimation and the Political "Raison d'être" of "Freedom of Expression", on which is Based ECHR's overall "System for Protection of Authors", (as McGonagle noted)

=> I.e., Nowadays, including that necessary "Extension" of Traditional Journalists' Legal Status, also to certain "Other Media Actors", (as CoE's Director for Information Society and Fight against Crime, Jan Kleijssen, has just Highlighted, in Reply to a relevant "Eurofora"s Question : Comp. Supra).

 - In fact, "Europe seems to be in Transition" nowadays, concluded CoE's specialized Head of Information Society Department, Patrick Penninck, towards the End of the "Medias and Pluralism Regulation" Debate, (astonishingly using an Expression that French former EU Parliament's President, the famous Simone Veil, had previously used with "Eurofora" in Sorbonne, Paris, almost a Decade earlier, concerning the different, but also Topical Issue of Popular Participation to EU Elections, (See: ...).   

     

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Benedict's "Source" to revitalize Europe : - "The World needs Hope", Pope says, calling to relaunch E.U. via Human Rights !

Paris - Lourdes - Strasbourg : 12 - 17 September 2008.

The vital need to re-launch Europe can be succesfully met by defending fundamental Human Rights of the People, said Pope Benedict XVI in his 1st speech in France, at his meeting with President Nicolas Sarkozy, who currently chairs the EU.

Sarkozy replied by welcoming Christian and other religions' contribution to indispensable Public Debates on crucial issues which affect Human Dignity, Europe, even Humankind, as BioGenetics.

- "When Europeans will see and personally experience that the inalienable Rights of the Human Person .., those of their free Education, their Family life, their Work, ..their Religious Rights, ..are respected and promoted, then, these Europeans will fully understand the greatness of the European construction and will be actively involved in it", Benedict XVI stressed.

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- "It's important that during France's EU Presidency, there is, indeed, a desire for the Church to contribute to protect Human Person's integrity, and I think that there is also a growing Conscience, beyond any polemics, to defend Human Rights, and, thus, contribute to ensure respect for Human Dignity", added to "EuroFora" the Pope's Spokesman, Vatican's Press Director Federico Lombardi.

- "Nobody really told us here that Lisbon Treaty was good for this or that reason to the People. They only told us that we "had" to ratify it, and tried to scare us, but failed", said 2 Irish pilgrims to "EuroFora", after 2 Majority Abstentions in 1999 and 2004 EU Elections and 3 "NO" to Referenda in France and the Netherlands in 2005, followed by the Irish "No" in 2008, during a Decade of EU Crisis since the controversial Turkey EU- bid (1999-2008).

More than .."224 cases of Murders, Torture, "Disappearancies" or Destructions" by "agents of Turkish Security forces", where all those responsible for so heavy Crimes still remain scandalously unpunished, despite regular condemnations of Ankara by Strasbourg''s European Court of Human Rights from 1996 to 2008, were examined the same week by CoE's Ministers, who decided to launch a fresh call "urging" the Turkish Authorities to end this dangerous "virtual Impunity" of criminals, without comparison to European countries.

- "Why not Ukraine, instead of Turkey ?", asked EuroFora a Journalist from "Kiev : the city where it's enough to cross the streets in order to realize that it's a European town", as Sarkozy recently said, before solemnly declaring this week, together with Ukranian President Jushenko and EU Commission's chair Baroso, EU's "recognition that Ukraine is a fully European Country, linked to Europe by culture and History".

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Europe's "Christian roots" and Values, with "openess and mutual respect" to other cultures and beliefs, were highlighted by Sarkozy in harmony with Benedict XVI.

The Human person should be protected "from his inception until his natural death", added the Pope, faithful to BioEthic principles defended by his predecessor and collaborator, John Paul II, of topical importance in France, Europe and the World today, as Sarkozy announced :

- "Fast and important progres in Genetic Science and procreation raise delicate BioEthical Questions to our Democracies", which "involve our view of Humans and Life, and can lead to Social Mutations. That's why they cannot remain only a business of experts", hestressed.

- "It's Politician's responsibility to set a proper framework for such Public Debates", as "France will do on BioEthics in 2009". "Religious and Philosophic traditions must take part, with their ideas and centuries' long experience : A positive Laicity is an open invitation to Dialogue", he said.

- "France engaged in Europe at another Debate on how to make Financial Capitalism more moral", and the "Social doctrine of the Church fits well what is at stake in modern Globalized Economy"

- "But, a "Real Dialogue is not for an elite of a Globalized world : It penetrates deep into the People : That's why Churches should actively participate : .. It's bringing New Oxygen to Public Debates", stressed Sarkozy.

- "Democracy must not be cut off Reason", which is "compatible with Faith", thanks to "the meeting between Christianism and Greek philosophy ", he added, referring to Pope's views. "It means to advance with logic arguments, search what's best and respect common principles of thinking :... It's an everyday need for Public Administration and the Political Debate", he added.
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Pope Benedict's 1st visit to France looked like the start of a brillant, manifold demonstration that this was well-founded and could become true in the lives of the People : After its Theoretical foundations unfolded at a "speech to the world of Culture", inaugurating Bernadins' cultural centre, and its dogmatic instrument shaped at an address to the Clergy in the Historic Notre Dame' Cathedral, he started to resolutely reach out to the People :

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The move went upwards like Bach's music : Begining with a call to more than fifteen thousand enthousiastic Youngsters gathered at Notre Dame's parvis with overnight celebrations, it gained strength in an impressive open-air Mass at Paris'central Invalides'area facing Alexander III's bridge, attended by more than 150.000 people, French Prime Minister Fillon, many Ministers, Foreign Ambassadors, etc, and culminated in a series of pan-European Mega-meetings at Lourdes 150th anniversary, together with all French Bishops, EU Commission's vice-Chairman Barrot, and some 200.000 enthousiastic People from all over Europe and beyond : After a Sea of Lights astonishingly braved Saturday Night's rain, an open-air mass at riverside fields among Pyrenees' Mountains Sunday Morning, was followed on Monday by a Sea of "Compassion" to those facing Health or Life threats, surrounded by an endless gathering of People, whose gigantic dimensions obviously surprised the organisers..

Meanwhile, Benedict had the occasion to speak to the French Priests at Notre Dame of Paris, and with the Bishops at Lourdes, where they prepare a crucial November plenary meeting, due to take important decisions on imminent EU debates and choices about Europe's identity, BioEthics, etc.
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- "A new way of thinking about Laicity has become necessary", agreed the Pope with President Sarkozy at Elysee. While keeping the "distinction between Politics and Religion, to guarantee Citizens' Liberty", "religion is important for shaping Consciousness and contributing, together with others, to create a basic Ethical Consensus in society".

- "Searching Essential realities", (as "God" for christians), needs "Speech : "Logos" in greek, i.e. Reason", "able to shape a Community","with creative work transforming Human History". But "Dialogue" is instrumental for "Reason", because it's the way to "search" for Truth", in "Liberty", according to Greek Platonic Philosophy, with Socrates' dialectics. "Reason" implies "Spirit and Liberty", hence the polyphonic "Music" of "Dialogue", in a responsible, "well balanced" way, to avoid "destruction".

Starting with a "Dialogue between christians and intellectual or artistic movements" highlighted at Bernardins' Cultural Center. with former Presidents Chirac and Giscard d'Estain, UNESCO's chair Anastassopoulos, etc., as well as representatives of Muslim Communities, (including a separate Turkish), after contacts with Jews at Vatican's Embassy, the Pope turned towards the People :

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To French Priests : "Church built on the rock" !
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- Speaking to thousands of French Priests at Notre Dame's Cathedral, Benedict highlighted a solid "Church built on the Rock" of conscious and active persons, transmitting "a lively, energetic and sharp" "God's Speech, actively working on Human History".

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"Praying together" with "representatives of Christian Churches and ecclesiastic communities", (as Orthodoxes, Armenians, Protestants, etc), he called "to reinforce the Unity of the church", against "any form of Division", around Holy Spirit', "the Word","Christ's Justice", and "Love" to fellow- humans : Essentials which "resume all holy scripts", as he said.

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To Young People : "New Horizons"
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To some 15.000 enthousiastic Young People at Notre Dame's parvis, along Seine's river, Benedict spoke about "the Energy of the Holy Spirit" and "the Mystery of the Cross" : - "The Holy Spirit opens New Horizons to Human Intelligence .. and makes it conscious of the real greatness of Christ's sacrifice, dying and resurecting for World's life".

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Some "may slander you as crazy, laugh at you, or even persecute you. But, "the Holy Cross is a symbol of God's love", and "givesmoral strength" : "Witness of People's pains, it's at the same time, a precious, unique expression of their Hopes", he told them at Paris' dawn.

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Invalides' plateau : "People chosen to become God's friends"
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At the 1st open-air Mass in Paris' center area of Invalides, facing the Grand Palais, along the river Seine, during an impressive gathering of more than 150.000, French Prime Minister Fillon, Ministers Alliot-Marie, Bachelot, Dati, Jouyet, Assembly's President Accoyer, Senate's Chair Poncelet, former 1st Lady Bernadette Chirac, former Prime Minister Raffarin, many foreign Ambassadors, and other political personalities were present. (While earlier, from the Socialist opposition, Paris' Mayor Delanoye, artist Robert Hussein a.o. assisted at the Elysee meeting).

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But the "Entry Song" focused on the "People chosen to become God's Friends". The September 11 mass was Dedicated to "Saint Chrysostomus, that great priest of Constantinople", with his "wonderful eloquence and great courage to face challenges", who "made out of despaired and godless people, a people of brothers", opening a possibility to "become all one complete entity", as Pope Benedict reminded.

- "Reason never enters in real contradiction with Faith", stressed Pope Benedict, who prepared his speeches for France during a short Summer rest at Brixen/Bressanone's Seminar, whose Library honors both "Faith and Science".. - "We must use not only our Reason, but also our Faith" : "Get away from Idolatry", "cupidity", "avidity for money, power or even knowledge deviating from essential aims", and other "falses appearances". and "build your Home on the Rock", "with the force that Holy Spirit gives to those who let it act in them", he said to the People of Paris.

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Benedict at Lourdes : - "Become Light (even) in the Dark !"
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- "Our World needs Hope", stressed Pope Benedict, addressing an impressive TorchLight procession at Lourdes' sanctuaries, where a Sea of Lights held by Hundreds of Thousands of People gathered at Pyrenee's Mountains from all over Europe astonishingly kept their flames despite a heavy Rain at a windy Dark Night...

- "150 years earlier (1858 - 2008), ..here, in the cave, ... a simple young girl, Bernadette .. saw a Light". "The everyday life of her Family was, however, made of Misery, Sadness, Sickness, Misunderstandings, Rejection and Poverty... It was hard to live in Jail". Today, "we think to all Human Beings who suffer : The innocent Victims who face Violence, War, Terrorism, Hunger, Injustices, Catastrophes, Hate and Oppression, Violations of Human Dignity and of their fundamental Rights, of their Liberty to act and think. We also think to those who face Familial problems, sufferings from Unemployment, Sickness, Infirmity, Isolation, or their situation as Immigrants, without forgetting those who suffer and die for the name of Christ", he said.

- "But the Shadows of the Earth, did not hinder Sky's Light to shine : <<The Light shines in the Dark>>" ..."A Way full of Light opens in Human History even in its Darkest moments" : ..."As Night falls, Christ tels us : <<- Keep your Lamps alight !>>."Hold a Light while walking in the Night .. sums up our condition as Christians on their way : "We need light, and we are called to become Light !", Benedict stressed to People setting in motion Lights, Flags and Songs with enthousiasm.

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"<<- She looked at me as a Person, who speaks to another Person>>, the poor girl had noted."Light emerges from such a Dialogue", stressed the Pope : "A small Flame called Hope, Compassion and Tenderness dwells inside those who return after being moved by Lourdes' experience". "Christ .. entrusts us with the Mission to let the Light of Charity shine : To make of our Prayers an Act of Love to our brothers and to Fraternal Charity", he concluded.

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