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Recomendação sobre a protecção dos menores em relação aos programas pornográficos - Inglês

RECOMMENDATION
ON THE PROTECTION OF MINORS
FROM PORNOGRAPHIC PROGRAMMES

 

(adopted by the Standing Committee on Transfrontier Television
at its 37th meeting on 11-12 October 2004)


In application of Article 21 (a) of the Convention and Article 24 of its Rules of procedure, the Standing Committee adopted the Recommendation set out below:

"As already underlined in its Statement (2002) 1 on Human Dignity and the Fundamental Rights of Others, the Standing Committee recalls that the Parties to the European Convention on Transfrontier Television must ensure that programme services under their jurisdiction respect human dignity and the fundamental rights of others (Article 7, paragraph 1 of the Convention).

The Standing Committee reaffirms also the importance that it attaches to the protection of minors from programmes which might harm their physical, mental or moral development.

The Committee notes that, as a result of the growing competition between a large number of television services in Europe, an increase in the number of programme services or broadcasts which constitute an infringement of Article 7 paragraph 1, letter a) of the Convention can be observed in some countries.

This phenomenon is particularly worrying with respect to free-to-air programme services containing pornographic content, which can be easily accessible by minors and seriously impair their development.

In view of the necessity to protect minors from exposure to programme services or broadcasts which constitute an infringement of Article 7 paragraph 1, letter a), the Committee invites the Parties to the Convention:

a) to assess to what extent broadcasters under their jurisdiction comply with the requirements set out in Article 7, paragraph 1, letter a) and, if that is not the case, to take, without delay, measures to meet these requirements, and in any case, in line with Article 7, paragraph 2 of the Convention, to ensure that children and adolescents are prevented from accessing programme services or broadcasts which constitute an infringement of Article 7, paragraph 1, letter a);

b) to co-operate between themselves, providing each other with information and any other type of assistance in order to effectively implement the above measures, and to promote the full co-operation between broadcasting regulatory authorities in this area;

c) to report within one year to the Committee on the measures which they may have taken under the preceding paragraphs. In the light of this information, the Committee will re-examine the situation in order to take any measures in its area of competence that it may consider appropriate to ensure the protection of minors."

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