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having regard to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),

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having regard to the Charter of Fundamental Rights of the European Union,

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having regard to the European Convention on Human Rights (ECHR),

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having regard to the case law of the Court of Justice of the European Union and the European Court of Human Rights (ECtHR),

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having regard to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the UN Convention against Corruption and the UNESCO Convention on the Protection and the Promotion of the Diversity of Cultural Expressions,

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having regard to the relevant resolutions of the UN General Assembly and the UN Human Rights Council and the reports of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, in particular that of 23 April 2020 entitled ‘Disease pandemics and the freedom of opinion and expression’,

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having regard to the joint declaration of 3 March 2017 by the UN Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media, the Organization of American States (OAS) Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information, entitled ‘Freedom of expression and “Fake News”, Disinformation and Propaganda’,

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having regard to the UN Plan of Action on the Safety of Journalists and the Issue of Impunity,

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having regard to the UN Human Rights Committee’s General Comment No 34 on Article 19 of the ICCPR (‘Freedoms of opinion and expression’),

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having regard to the 2030 Agenda for Sustainable Development and the commitments set out therein, inter alia promoting peaceful and inclusive societies for sustainable development, including by ensuring public access to information and protecting fundamental freedoms,

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having regard to the work carried out by the Council of Europe to promote the protection and safety of journalists, including Recommendation CM/Rec(2018)1 of the Committee of Ministers to member states on media pluralism and transparency of media ownership and the declaration by the Committee of Ministers on the financial sustainability of quality journalism in the digital age, Recommendation CM/Rec(2016)4 of the Committee of Ministers to member states on the protection of journalism and safety of journalists and other media actors, and its 2020 annual report entitled ‘Hands off press freedom: Attacks on media in Europe must not become a new normal’,

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having regard to Resolution 2300 of the Parliamentary Assembly of the Council of Europe (PACE) of 1 October 2019 on improving the protection of whistle-blowers all over Europe,

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having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 10 June 2020 entitled ‘Tackling COVID-19 disinformation — Getting the facts right’ (JOIN(2020)0008),

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having regard to the Commission communication of 29 January 2020 containing the Commission Work Programme 2020 (COM(2020)0027),

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having regard to the Commission communication of 17 July 2019 entitled ‘Strengthening the rule of law within the Union: A blueprint for action’ (COM(2019)0343),

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having regard to the Commission’s Gender Equality Strategy 2020-2025,

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having regard to the Commission communication of 26 April 2018 entitled ‘Tackling online disinformation: a European approach’ (COM(2018)0236),

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having regard to the Commission’s Code of Practice to fight online disinformation, agreed on 26 September 2018,

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having regard to the Commission recommendation of 1 March 2018 on measures to effectively tackle illegal content online (C(2018)1177),

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having regard to the Commission’s Action Plan against Disinformation of 5 December 2018,

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having regard to the Commission’s Code of Conduct on Countering Illegal Hate Speech Online, launched in May 2016 and to its fourth evaluation round, resulting in the document ‘Factsheet — 4th monitoring round of the Code of Conduct’,

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having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (1),

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having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive or AVMSD) (2), and Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU (3),

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having regard to the report of the European Regulators Group for Audiovisual Media Services of 2020 entitled ‘Disinformation: Assessment of the implementation of the Code of Practice’,

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having regard to the Council conclusions of 25 May 2020 on media literacy in an ever-changing world,

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having regard to the Council conclusions of 14 November 2018 on the strengthening of European content in the digital economy, which recognise the relevance of content generated by the media ‘as well as other cultural and creative sectors’ as ‘essential pillars of Europe’s social and economic development’,

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having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (4),

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having regard to the EU Human Rights Guidelines on Freedom of Expression Online and Offline, adopted on 12 May 2014, recognising artistic freedom as an inherent component of freedom of expression alongside media freedom,

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having regard to the Special Report update of the European External Action Service (EEAS) of 24 April 2020 entitled ‘Short Assessment of Narratives and Disinformation around the COVID-19/Coronavirus Pandemic’,

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having regard to the work carried out by the EU Agency for Fundamental Rights (FRA),

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having regard to the findings of the World Press Freedom Index, published by Reporters Without Borders, and to those of the Media Pluralism Monitor of the European University Institute’s Centre for Media Pluralism and Media Freedom,

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having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (5),

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having regard to its resolution of 9 January 2020 on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary (6),

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having regard to its resolution of 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI-free zones (7),

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having regard to its resolution of 18 December 2019 on the rule of law in Malta following the recent revelations surrounding the murder of Daphne Caruana Galizia (8),

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having regard to its resolution of 28 November 2019 on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence (9),

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having regard to its resolution of 10 October 2019 on foreign electoral interference and disinformation in national and European democratic processes (10),

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having regard to its resolution of 19 September 2019 on the importance of European remembrance for the future of Europe (11),

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having regard to its resolution of 28 March 2019 on the situation of the rule of law and the fight against corruption in the European Union, specifically in Malta and Slovakia (12),

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having regard to its resolution of 16 January 2019 on the situation of fundamental rights in the European Union in 2017 (13),

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having regard to its resolution of 17 April 2018 on gender equality in the media sector in the EU (14),

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having regard to its resolution of 11 September 2018 on measures to prevent and combat mobbing and sexual harassment at the workplace, in public spaces, and in political life in the EU (15),

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having regard to its resolution of 14 November 2018 on the need for a comprehensive EU mechanism for the protection of democracy, the rule of law and fundamental rights (16),

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having regard to its resolution of 25 October 2018 on the use of Facebook users’ data by Cambridge Analytica and the impact on data protection (17),

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having regard to its resolution of 3 May 2018 on media pluralism and media freedom in the European Union (18),

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having regard to its resolution of 19 April 2018 on protection of investigative journalists in Europe: the case of Slovak journalist Ján Kuciak and Martina Kušnírová (19),

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having regard to its resolution of 12 December 2017 on the EU Citizenship Report 2017: Strengthening Citizens’ Rights in a Union of Democratic Change (20),

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having regard to its resolution of 3 October 2017 on the fight against cybercrime (21),

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having regard to its resolution of 15 June 2017 on online platforms and the digital single market (22),

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having regard to its resolution of 14 March 2017 on fundamental rights implications of big data: privacy, data protection, non-discrimination, security and law enforcement (23),

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having regard to its resolution of 15 November 2017 on the rule of law in Malta (24),

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having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (25),

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having regard to its resolution of 23 October 2013 on organised crime, corruption and money laundering: recommendations on action and initiatives to be taken (26),

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having regard to the study of 28 February 2019 of Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs entitled ‘Disinformation and propaganda — impact on the functioning of the rule of law in the EU and its Member States’,

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having regard to Rule 54 of its Rules of Procedure,

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having regard to the opinion of the Committee on Culture and Education,

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having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0205/2020),

A.

whereas media freedom, pluralism, independence and the safety of journalists are crucial components of the right of freedom of expression and information, and are essential to the democratic functioning of the EU and its Member States; whereas key democratic tasks of the media include strengthening transparency and democratic accountability; whereas the media play an essential role in democratic society by acting as public watchdogs, while helping to inform and empower citizens by widening their understanding of the current political and social landscape and fostering their conscious participation in democratic life;

B.

whereas the crisis has highlighted the essential role played by journalists in providing citizens with reliable and verified information; whereas more effort must therefore be made to ensure safe and suitable working conditions for journalists; whereas investigative journalism should be given particular consideration in the context of fighting corruption and maladministration in the EU;

C.

whereas some Member States limit the freedom of the media through economic means, such as distorted public advertising among media outlets that alters competition, and directly control public media in order to influence editorial decisions and thus ensure pro-government loyalty; whereas public authorities should adopt a legal and regulatory framework which fosters the development of free, independent and pluralistic media;

D.

whereas all Member States must adhere to the values enshrined in Article 2 TEU;

E.

whereas media capture, the lack of institutional transparency, hate speech and disinformation are increasingly being exploited for political purposes as tools to intensify social polarisation; whereas combating these phenomena is not only relevant to the domain of human rights, but is also a fundamental factor in terms of the defence of the rule of law and democracy in the EU;

F.

whereas according to the 2020 World Press Freedom Index, the COVID-19 pandemic has highlighted and amplified many other crises that threaten the right to freely reported, independent, diverse and reliable information; whereas the index has revealed significant differences between the individual Member States, some scoring among the top in the world ranking, while others towards the bottom, which has resulted in a gap of more than 100 places between the best- and worst-performing Member States; whereas several Member States have fallen in international press freedom rankings;

G.

whereas the freedom of the media has been deteriorating in recent years, and while the COVID-19 outbreak has exacerbated this deterioration, it has also brought to the forefront the importance of the media and the right of access to reliable information;

H.

whereas according to the 2019 Reuters Institute Digital News Report the average level of trust in the news in general (worldwide) was down 2 percentage points to 42 % compared with 2018 and less than half those surveyed (49 %) said that they trusted the news media they themselves used; whereas trust in the news found via search (33 %) and social media (23 %) remains stable but extremely low;

I.

whereas the transparency of media ownership is an absolute precondition for ensuring media pluralism and independent journalism;

J.

whereas journalists and other media actors continue to face violence, threats, harassment, pressure, (self-)censorship, public shaming and even assassination in the EU as a result of doing their job to protect the public interest; whereas recent years have shown a growing pattern of intimidation aimed at silencing journalists that requires urgent action to uphold the essential role of the independent media in ensuring the principles of the rule of law; whereas the murders of Daphne Caruana Galizia and Ján Kuciak are two tragically profound examples of the extent to which investigative journalists are being targeted for exposing corruption and protecting democracy and the rule of law;

K.

whereas the threats to media freedom include harassment and attacks aimed at journalists, disregard for their legal protection, and media capture and politically motivated actions in the media sector;

L.

whereas women journalists face gender-specific forms of violence, such as sexual and online harassment; whereas more than 70 % of women working in the media have experienced more than one type of harassment, threat or attack online; whereas 52 % of women have experienced these types of offence in the past year alone; whereas online harassment and abuse is often highly sexualised, based not on the content of victims’ work, but on their physical traits, cultural background, or private life; whereas these threats lead women journalists to self-censorship and have a chilling effect on press freedom and freedom of expression; whereas research consistently finds evidence that women are in the minority across media sectors, particularly in creative roles, and are severely underrepresented at senior decision-making levels (27);

M.

whereas in several Member States, strategic lawsuits against public participation (SLAPP) are a continued practice used to scare journalists into halting investigations into corruption and other matters of public interest;

N.

whereas in addition to violence, intimidation and harassment of journalists there is a lack of prosecution of the perpetrators of these crimes, and impunity has a chilling effect; whereas the OSCE reports that impunity prevails as, for example, fewer than 15 % of murders of journalists in the OSCE region are solved;

O.

whereas the right of journalists to report and investigate needs to be further enhanced and effectively protected;

P.

whereas strengthening media freedom requires credible and detailed information on the scope and nature of the challenges to be faced in the Member States and the EU as a whole, including on cases of violation of the principles of the independent media and infringements of the fundamental rights of journalists;

Q.

whereas artistic freedom is an integral part of the fundamental right of freedom of expression and is essential for Europe’s cultural diversity and democratic health; whereas attacks on artistic freedom are proliferating but remain invisible;

R.

whereas the global COVID-19 crisis is having a devastating social and economic impact on the media sector; whereas media outlets have been reporting considerable losses in their advertising revenue; whereas thousands of media workers have already lost or are at risk of losing their jobs, either temporarily or permanently; whereas this has had a particularly strong impact on freelance journalists and media workers, whose number is increasing throughout the EU and who already constitute a significant proportion of all journalists and media workers in Europe; whereas this poses a serious risk of further fostering the concentration of information in the hands of a few and preventing the spread of free and independent information; whereas the financial sustainability of jobs and financial independence are a crucial part of press freedom;

S.

whereas digital advertising revenue often benefits non-EU actors and European media revenues are in sharp decline, imperilling the future of traditional advertising-financed media companies such as commercial TV channels, newspapers and magazines;

T.

whereas in some Member States, State aid for media outlets has not been handled transparently, which puts these outlets’ independence and credibility at serious risk;

U.

whereas the business model of social media platforms, based on micro-targeted advertising, plays a role in spreading and amplifying hate speech inciting discrimination and violence, and fostering radicalisation leading to violent extremism, including through the circulation of illegal content; whereas combating all forms of intolerance is an integral part of human rights protection as developed by the jurisprudence of the European Court of Human Rights;

V.

whereas the COVID-19 pandemic has led to the stigmatisation, including through the media, of some particularly vulnerable individuals, which has fostered the polarisation of European society and the proliferation of hate speech;

W.

whereas the phenomenon of cyber violence (including online hate speech, cyberstalking and online harassment) is becoming more widespread; whereas women who have a public role, among others politicians, journalists and activists fighting for women’s rights and the rights of sexual minorities, are becoming a prime target for cyberbullying and online violence;

X.

whereas the AVMSD obliges the authorities in every Member State to ensure that audiovisual media services and video-sharing platforms take measures to protect the general public from programmes, user-generated videos and audiovisual commercial communications containing incitement to violence or hatred against a group of persons or a member of a group based on any of the grounds referred to in Article 21 of the EU Charter of Fundamental Rights; whereas the AVMSD obliges Member States to ensure the independence of media regulators;

Y.

whereas the spread of misinformation and disinformation, as well as disproportionate actions to tackle it on digital platforms, poses a threat to freedom of information, to democratic discourse and to the independence of the media, and has increased the need for high-quality traditional media; whereas data analysis and algorithms are having an increasing impact on the information made accessible to citizens;

Z.

whereas the spread, on a massive scale, of news from different sources which are difficult to verify, along with the ever-growing role of social media and messaging platforms, is having a negative impact on the fundamental rights of EU citizens; whereas the COVID-19 pandemic has accelerated the impact of disinformation online, sometimes with serious consequences for public health, and has made even clearer the need to ensure free and independent information in order to protect the fundamental rights of citizens; whereas the lack of a coordinated communication strategy at EU level has facilitated the wave of disinformation concerning the pandemic, especially on social media and messaging platforms;

AA.

whereas disinformation and misinformation related to COVID-19 may cause panic and social discontent and need to be addressed; whereas measures to combat disinformation and misinformation cannot be used as a pretext for introducing disproportionate restrictions on press freedom, undermining media pluralism and putting the safety of journalists in jeopardy; whereas reports indicate that coordinated campaigns have been running across the Member States and neighbouring regions, promoting false health information and disinformation about the EU and its partners; whereas the Commission addressed these phenomena in its recent joint communication on tackling COVID-19 disinformation; whereas some governments have taken advantage of emergency legislation, and while some of the restrictions will be temporary, others risk being extended long after the health crisis is over; whereas pluralism of information sources, accountability and institutional transparency are a primary defensive barrier against disinformation;

AB.

whereas genuinely independent, adequately funded public service media operating across various platforms are key to a functioning democracy in the EU;

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