Symposium on Information Technologies in the Media and Entertainment Industries: Their Impact on Employment, Working Conditions and Labour-management Relations

The Symposium on Information Technologies in the Media and Entertainment Industries: Their Impact on Employment, Working Conditions and Labour-management Relations was held at the International Labour Office in Geneva from 28 February to 3 March 2000.

The Office had issued a background document^[1] to serve as a basis for the Symposium’s discussions. The document highlighted global trends in information technologies in the media and entertainment industries, as well as their relationship to globalization, privatization, restructuring, multimedia convergence and mergers, in transforming these industries substantially in industrialized countries, and less so in developing countries. It also focused on the effects of these processes on: employment, occupations, work organization, skills and training needs; safety and health; copyright piracy; social dialogue; contractual arrangements; and social protection.

The Symposium was attended by Government representatives from 17 countries – Algeria, Brazil, Canada, China, Egypt, France, Germany, India, Luxembourg, Mexico, the Philippines, Slovakia, Spain, Thailand, Ukraine, the United Kingdom and the United States; there were 21 Employer members and 18 Worker members.

The Governing Body had designated Mr. Payaman J. Simanjuntak, representative of the Government of Indonesia on the Governing Body, to represent it and to chair the Symposium. The three Vice-Chairpersons elected by the Symposium were: Mr. Arnold Powers (Canada) from the Government group, Mr. Jean-Pierre Lehr from the Employers’ group, and Mr. Tony Lennon from the Workers’ group.

The groups elected their Officers as follows:

Government group
Chairperson:	M. Zhang Junfeng (Chine)
Secretary:	M. Sylvio Coelho (Adviser, Brazil)
Employers’ group
Chairperson:	M. Walter Durling
Secretary:	M. Jean Dejardin (IOE)
Assisted by:	M. George James (IOE)
Workers’ group
Chairperson:	M. Chris Warren (IFJ)
Secretary:	Ms. Katherine Sand (FIA)

An observer from the European Commission attended the Symposium, as did observers representing the following international non-governmental organizations: European Broadcasting Union, International Confederation of Free Trade Unions, International Federation of Actors, International Federation of Journalists, International Federation of Musicians, International Federation of University Women, International Organization of Employers, Performing Arts Employers’ Associations League Europe, Union Network International and World Confederation of Labour.

The Secretary-General of the Symposium was Mr. Oscar de Vries Reilingh, and the Deputy Secretary-General was Ms. Cleopatra Doumbia-Henry, respectively the Director and Deputy Director of the Sectoral Activities Department of the ILO. The Executive Secretary was Mr. John Myers and the Experts were Ms. Gabriele Ullrich, Mr. Hubertus Essenberg, Ms. Leyla Tegmo-Reddy and Mr. John Sendanyoye. The Clerk of the Symposium was Ms. Susan Maybud of the Central Support Unit, Social Dialogue Sector.

The Chairperson welcomed the participants and emphasized the topicality of the subject-matter of the Symposium. Massive development of information communication technologies had promoted new markets, restructuring and a trend towards an integrated industry. This was combining with trade liberalization and globalization to transform the world into a global “information society”, bringing about spectacular incomes, higher employment growth, greater democracy, and more scrutiny of public affairs and policy. Solutions to several concerns were needed if the media and entertainment industries were to play their full role in generating employment and enhancing incomes. These included the uneven effects of information technology and globalization around the world; the comparatively poor quality of jobs created, the nature of employment relationships, general working conditions, remuneration, training and other human resource practices in the sector; safety and health problems; relatively weak collective bargaining; continuing copyright piracy; and gender issues. The Symposium should develop practical suggestions for future ILO action to address these issues.

Ms. Hagen, Executive Director of the ILO’s Social Dialogue Sector, welcomed the participants to the ILO and stated that the Symposium was intended as an information-sharing event on how information technologies were affecting employment, working conditions and labour-management relations in the media and entertainment sector. In addition to other employment and work-related concerns, the discussions would cover the changing role and scope of dialogue and collective bargaining on employment, contractual arrangements for decent work and social protection. Change was proceeding so fast that the previous demarcation lines between publishing, printing, broadcasting and entertainment had become blurred. The types of jobs found were in many ways different from even a decade earlier, requiring different skills, and changing employment relationships. Employers were increasingly multinational, multimedia conglomerates, and workers were less likely to be in permanent employment or covered by collective bargaining. Mergers and acquisitions had frequently been followed by job losses, while the reduced influence of tripartite or bipartite consultations had contributed to greater employment insecurity, and deterioration in general labour-management relations. She stressed the importance of the media and entertainment industries to a democratic society, and noted their role in combating apartheid in South Africa. Technology was contributing to an increasingly global information society where countries were more interdependent, but it was also proving a factor in reinforcing the divide between rich and poor. Poverty and poor access to the media and communications went hand in hand, while low levels of education and skills and inadequate investment were reinforcing the “digital divide”. Policies to improve Internet access for developing countries and for communities everywhere was needed. The information and communications technologies should provide new opportunities to adapt consultative processes and effective social dialogue to ensure decent work for all. Freedom of expression and of association were needed within the industries themselves, extending to workers in new kinds of employment and to new kinds of employers. This should reinforce the ILO’s work through its social partners with multinational enterprises, to encourage constructive social dialogue at the international level.

Ms. Hagen informed the participants of reforms introduced by the ILO Director-General, Mr. Juan Somavia, to modernize the Organization to better address issues facing its constituents. Efforts and resources had been consolidated and redirected to sharpen the focus around four strategic objectives. The first objective concerned fundamental principles and rights at work, which recognized and reaffirmed the historical mandate that the ILO’s primary mission must be to promote social justice and dignity at work. This objective emphasized the promotion of the Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted unanimously by the International Labour Conference in 1998. The Declaration articulates a set of principles that are also relevant for the media and entertainment industries. The second strategic objective related to the promotion of employment for men and women as an essential first step from poverty. The media and entertainment industries were notable for their growing female participation, but many of the jobs were precarious and informal. Ways were needed to improve equal and truly sustainable opportunities for decent work for men and women. Social protection was the third objective. With globalization and restructuring pushing more and more people into atypical or freelance employment, telework or the informal sector, innovative solutions to ensure social protection and continuity of adequate income in times of transition, financial crisis or old age needed to be developed. The strengthening of tripartism and social dialogue was the fourth strategic objective, which was also a prerequisite for the achievement of the other three objectives. In times of change, such as the present, social dialogue was essential at all levels, and without it globalization and technological change faced rising and frequently strong resistance. The genuine participation of workers and employers in negotiation and consultation about the world of work was an underlying requirement for democratic societies, to ensure social justice and dignity at work. The Symposium, itself an example of social dialogue, included agenda items encompassing all four strategic objectives. It was through effective social dialogue that solutions could be found to the problems of the media and entertainment industries. She was confident that the deliberations of the Symposium would provide useful suggestions for ILO action, and better understanding of how to work together in coming years.

2. Report of the discussion

Introduction

The Symposium examined the item on the agenda. In accordance with the provisions of article 7 of the Standing Orders for Sectoral Meetings, the Officers presided over the discussion.

The spokesperson for the Employers’ group was Mr. Durling and the spokesperson for the Workers’ group was Mr. Warren.

Composition of the Working Party
on Conclusions

At its sixth plenary sitting, in accordance with the provisions of article 13, paragraph 2, of the Standing Orders, the Symposium set up a Working Party to prepare draft conclusions reflecting the views expressed in the course of the Symposium’s discussions. The Working Party, presided over by the Chairperson (Mr. Simanjuntak, Indonesia), was composed of the following members:

Government members:
Algeria:	Mr. Benbouzid
Canada:	Mr. Powers
Egypt:	Mr. Shawki
Germany:	Mr. Käppler
India:	Ms. Paul

Presentation of the background document
and general discussion

The report prepared by the ILO for the Symposium was introduced by the Executive Secretary. He confirmed that the “information society” was a reality. Media and entertainment material was flowing into homes, workplaces and schools at ever-greater speeds, using a wider variety of means. The next generation of technology would bring virtually unlimited choice of digital-quality pictures and sound. New markets for films, television programmes and extra Internet services would continue to open. Information technologies – accompanied by globalization, privatization, restructuring, multimedia convergence and mergers – had substantially transformed the media and entertainment industries in industrialized countries, but less so in developing countries. Global conglomerates dominated the industry worldwide, their success often accompanied by market concentration, a weakening of local enterprises and cultures, a reduction in trade union influence, and growing standardization. These technologies offered employment of a different nature and quality to previous jobs, helping to create new products, new forms of work and new occupations, while increasing productivity and technical quality.

The technologies also cut jobs, displaced workers and replaced older skills and technologies, although the situation often differed greatly between industrialized and developing countries. Information technologies appeared to have improved women’s job opportunities in some fields, but resulted in greater job losses for older workers. Most governments promoted the information technologies, but kept an eye on the content of the Internet, on competition rules, and on mergers of major players in these industries. Information technologies in film and broadcasting processes had generally been beneficial in technical quality and consumer choice, but experience on the employment of media and entertainment workers was mixed: the technologies represented both enormous opportunities through expanded markets, and a threat through increased piracy.

It was hoped that the Symposium would develop practical initiatives on: training in the use of technology, fulfilling the needs of employers, workers and governments; better safety and health practices; encouraging employers and workers to engage in social dialogue; enhancing participation of workers’ and employers’ organizations; collaboration on the protection of copyright and thereby employment and incomes; and research on contractual arrangements, social security and statistics.

Mr. Durling (spokesperson, Employers’ group) stressed the employers’ wide interest in training oriented towards employment requirements. Ways needed to be found to retrain older people for the new technologies. The younger generation was more naturally inclined to these technologies; however, in some countries, training assistance from more advanced countries might be needed even for them. Governments, in association with the social partners, were responsible for ensuring adequate funding for education, especially at the primary level, and for training. Copyright piracy was often dealt with by the industry itself, which had put in place means to check the illegal use of copyrighted material. The question of intellectual property rights, was, in his view, too technical to be discussed among a group of people mostly oriented towards the relationship between the social partners.

Mr. Warren (spokesperson, Workers’ group) stated that it was important to look beyond the hype surrounding the new economy and remember a few central facts. First, for many workers the technology did not fundamentally change whatever they did: actors would still act, musicians would still play music, and journalists would still do whatever journalists did. Second, there were specific areas of work that were being fundamentally altered, but more by older corporate and managerial practices than by new technology. Convergence was far more an economic and political than a technological process. It was critical for those in the media and entertainment industries to understand the forces driving such change, rather than fall into the trap of simple technological determinism. Many governments had made the worst decisions about the new economy by failing to understand its controlling forces, in the belief that technology itself was the driver. The new economy looked increasingly like the old. Old media and entertainment companies dominated both traditional and online markets, employing either directly or informally about 80 per cent of the online content creators, although increasingly on contingent terms rather than under regular and traditional employment arrangements. As technology had enabled the multiple use of their work, creative workers were under increased pressure to allow enterprises to make repeated profits out of a single payment to the original creator. Linked to this was an attempt to increase their output, resulting in working time pressures and increased stress. These developments were not affecting men and women equally in the industry. Such changes required an urgent response from unions in the sector, and genuine initiatives from the ILO and from governments. The ILO needed to develop a fundamental understanding of the nature of the changes and the forces driving them. In addition to concrete action plans to address the impact at subsectoral and regional levels, where they were felt on a day-to-day basis, the ILO had a key role in developing genuine international social dialogue, given that the large international corporations dominating the industry were not confined by national borders.

Philip Jennings, General Secretary of Union Network International (UNI) reported that UNI had been created in January 2000, bringing together four international trade secretariats in media, communications, graphical and related fields, as a global and a regional union response to the constant changes and rapid convergence of their respective industries. Digitalization, convergence, globalization and a drive for global market domination had provoked a revolution in work, its content, its location, and the way in which media and entertainment businesses were owned and managed. How unions faced these challenges should be part of the follow-up to the Symposium, and the new economy’s corporate structures should be included in future ILO research. Although the Internet appeared to favour diversity, there was a process of concentration and market dominance, which led to serious questions over freedom of expression and the quality of democratic life itself. Local markets were now fed by global suppliers with global production methods, and unions wanted the industrial giants to embrace key human rights standards, with the Declaration on Fundamental Principles and Rights at Work as the point of departure. The ILO should explore the possibility of promoting this important instrument in the media and entertainment sector, and lead the challenge to build a social dimension into the new economy. There was a need for an ILO strategy on decent work in the media and entertainment industries. Intellectual property rights were labour rights, deserving a higher profile in the work of the ILO. The ILO should examine how to promote labour and social standards for online workers, and develop research capabilities on the new economy’s employment trends – future job structures and content; remuneration packages; gender balance; working time; impact on older workers of technological change; future skill requirements; and consequences for social protection as job tenures changed. The ILO should also identify new global approaches to training; new demands on education; and the possibilities of distance learning to bridge the knowledge gap. The Symposium should agree on the mechanics for an ILO social dialogue structure in the sector, to which the ILO should commit resources. There was also a need to bridge the digital divide, examining issues of public access, linking the rich and poor economies, and connecting working people and their families to the new economy and its growth potential.

Ambassador Makarim Wibisono, President of the United Nations Economic and Social Council (ECOSOC), in a live videoconference address, stated that the ILO Symposium was highly opportune because the high-level segment of the substantive session of ECOSOC in July 2000 would focus on the theme “Development and international cooperation in the twenty-first century: The role of information technology in the context of a knowledge-based global economy”. The consideration of the developmental impact of information technology (IT) in one of the vital sectors of today’s global economy would contribute in a substantial way to the common effort to harness IT advances for development.

The media and entertainment industries had led the way in the use and application of information and communications technology, they had become prominent among those sectors having a global reach and they defined, to a large extent, the process of globalization. The impact of the use and application of IT on employment was an issue of major concern, one that ECOSOC addressed from a broader developmental perspective, to see whether or not jobs were created or destroyed as a result of the diffusion and application of IT advances within the global economy. One crucial aspect was that of the growing divide between those reaping the benefits of IT and those who were not.

Ambassador Wibisono asked how the benefits of IT could be harnessed for development; how technologies could be used to remove disparities in accessing information that continued to exist within and between countries; how they could help to ensure the full economic integration of developing and transition countries; and how they could effectively be utilized in the operational fields of the United Nations system. One example was making health care accessible to the poor; another was rendering the goal of education for all achievable. Through innovative approaches to facilitate community access in developing countries, information necessary to ensure broad participation in the governance process was becoming accessible to both rural and urban dwellers in developing countries.

He warned that, unless the international community acted in partnership with governments, bilateral and multilateral donors, the private sector, NGOs and others, the promise of the IT revolution for generating socio-economic development would not be realized. If that tremendous opportunity were lost, the existing differences in levels of wealth, income and socio-economic and technological development would remain: the scourge of poverty would remain a dominant feature of everyday life across most of the globe.

Ambassador Wibisono said that there was a need for urgent action to ensure access for all, through investing in developing the skills and capabilities of people, especially the poor; to ensure the connectivity of everyone through investment in digital and other relevant infrastructure; and to ensure that the content of the information superhighway reflected the linguistic and cultural perspectives of all. To do this, it was necessary to pursue innovative approaches to resource mobilization, involving all actors, especially the private sector, technology companies and venture capital. International resources available should be utilized so as to ensure that developing nations and countries in transition reaped the developmental benefits of the IT revolution.

The Employers’ spokesperson opened the general discussion, stating that his group had some difficulty in understanding the level of concern about occupational safety and health. Technological developments would reduce the risks of stunt workers in the film industry. The arrival of voice-activated computer systems would reduce the need to use keyboards and, hence, the risks of repetitive strain injury (RSI) problems. Telework, with which his group had little experience, appeared to be safe because it was done at home. He recognized that stress was a key health hazard of the new century, and that it could cause mental harm. More information was, however, needed on this.

The issue of copyright piracy, in the employers’ opinion, was a rather technical matter because it related to contractual agreements. Some countries had legal provisions for the payment and handling of residual rights, but many countries had hardly any experience in this respect. In industrialized countries there were associations that took care of these rights for their members.

The substitute Workers’ spokesperson (Mr. Lennon) said that his group attached great importance to the issue of copyright and related rights, because these were often the main source of income for some workers in the industry. He appreciated the emphasis employers placed on training; however, training was not only a responsibility of governments but also of employers. With regard to occupational safety and health, he noted that millions of workers were affected by health hazards, RSI, stress and other problems, and not just a small group, as others believed.

The Egyptian Government representative commended the Office for the report. However, he would have expected more details on information infrastructures in developing countries, which was often lacking in many countries. To him, the basic question was one of North-South relations, which sometimes seemed to be a one-way relation. Developing countries were trying to adapt, but most countries were not in a position to embark on costly endeavours, because of the lack of financial resources and expertise. There were many things to do, and IT training strategies should be developed at national and regional levels with the help of industrialized countries. Finally, he said there was a need to establish a database on the issues under discussion, which could build on the figures provided in the background document.

The Canadian Government representative commended the report, but informed the Symposium about the Status of the Artist Act (S.C. 1992, c. 33). This had improved the situation for self-employed artists (defined as independent contractors who are creators of works subject to copyright, directors, performers or other professionals who contribute to the creation of an artistic production) in Canada since implementation, thus updating the information in the background document. The Act gave artists a mechanism to advance their socio-economic interests by guaranteeing their right to organize and bargain collectively with producers, for the purpose of establishing minimum terms and conditions under which artists provide services to those producers. Producers were likewise permitted to form associations for the collective bargaining purposes. Artists working in an employer-employee relationship were covered by other legislation. The Canadian Artists and Producers Professional Relations Tribunal, an independent quasi-judicial body that administered the Act, had been in active operation since 1995.

The Chinese Government representative also welcomed the report, which covered a broad range of topics and provided useful information on the industry. Unfortunately, it did not provide enough information on developing countries, which were facing great difficulties with employment, and were under pressure because of the globalization process. He suggested that the Office should pay attention to legal and policy matters that could help developing countries to overcome their weaknesses. He appreciated the emphasis in the background document on training for all categories of IT workers.

Tomas Bolme (President, International Federation of Actors) observed that although the number of actors was relatively small, they were not all like the few well known and very rich ones. His members saw opportunities and threats in the seismic explosion in the media and entertainment world. Many actors were freelancers, often denied decent health and safety, collective bargaining and social security coverage. They had to compete for work every day, and had little personal bargaining power. They lacked the dignity of secure retirement, even in industrialized countries. It was also important not to ignore the plight of actors in developing countries. His organization believed in the importance of social dialogue, including within the media conglomerates. Governments should promote social dialogue in its various forms in the industry. He remarked that the largest, most successful and productive film companies in the United States and India had a high degree of union membership. The ILO should increase the recognition of this important industry and devote the necessary resources to facilitate social dialogue in it.

Aidan White (General Secretary, International Federation of Journalists) felt that the Office report was useful, and made a good start in analysing a sector which was too diverse to enable full coverage. He warned that the growth of global media conglomerates could impede the “right to know” and limit pluralism. The capacity of these media groups to act as gatekeepers was not contributing to greater democracy and inclusion, rather the contrary. He advocated a global social compact in which cultural and democratic rights should be included.

He was grateful to the ILO that it had allowed his organization to carry out an extensive survey on the employment of freelance journalists. The future for journalists was to work freelance; there would be more jobs but they would be less secure; the process of change was leading to diminishing quality. Employers were reluctant to include freelance issues in the collective bargaining process. Authors’ rights were another very important issue; unions in several countries had had to go to court to defend such rights. While recognizing the importance of training, he feared that it was leading to greater pressure on journalists to become multiskilled, a process of deprofessionalization. It was important to initiate a process of social dialogue on training, involving governments, employers and workers. Finally, occupational safety and health raised important issues that could not be ignored: journalists killed while doing their work, violence at work, RSI problems. He hoped for a serious discussion on all issues.

John Morton (President, International Federation of Musicians) reminded the participants that the overwhelming majority of performances were live. Unfortunately, live performers were under immense pressure from the information society. In addition, artistic performances were not akin to mere presentation of news and information. He asked the ILO to study the impact of IT on live performances, and to identify and disseminate “best practices”. Public service broadcasting companies should promote cultural diversity, new productions and live performances – this could lead to greater employment. Because of the present changes, many performers were forced to become (quasi-) entrepreneurs and record their own productions. This had a great impact on their legal and contractual relationships with distributors. They had no access to social security and might have problems in combining, as this might violate “fair trade” practices. He suggested that the ILO should study such types of economic relationships, and referred to the European Union statistics on employment in arts. These developments also had an impact on the trade unions, who now offered commercial contract advisory services. In the United States and Germany, he said, it was not possible for trade unions to administer remuneration of proceeds from contractual rights. Finally, important changes were taking place with regard to intellectual property and other rights. The ILO’s role in the Rome Convention on this issue largely dealt with rights essential to workers, including employment.

Conchita Poncini (International Federation of University Women) commended the Office for the report, and considered that the Symposium was very timely in view of the two UN Special Conferences later in 2000, to review the Beijing Platform of Action and the Copenhagen Programme of Action. The ILO should advocate an improved gender balance in decision-making bodies and promote a more substantive discussion of gender equality. Only three countries cited in the report had gender-disaggregated data, something the International Conference of Labour Statisticians had already called for in 1998. IT in the media had created employment opportunities for women, but at what level? Many female journalists, notwithstanding their interest or education, were still assigned to “soft” topics such as fashion or entertainment. Many of them had precarious jobs and continued to bear the major burden of family responsibilities.

Gail Lem (Worker member, Canada) argued that one of the consequences of IT in the media was that employers allocated fewer resources to news gathering, and promoted multiskilling that had a negative impact on quality. Governments had an important role to play. Public broadcasting companies were the guardians of the national character, and governments should defend them. In some countries, like Canada, government had abdicated its responsibility to finance public broadcasting. Governments were also responsible for fair, free, diversified and democratic media ownership. Concentration of newspaper ownership and distribution resulted in extensive copy-sharing between newspapers, which affected employment and freedom of association. Governments had to realize that media products had an effect on public policies. Many union members had been disabled by VDU-related work. Voice-activated computers were no panacea for RSI risks, as they could cause serious damage to vocal cords after prolonged use.

Domingo Vargas (Worker member, Chile) noted that in his country there were serious problems with intellectual property rights. Many workers also suffered from stress in developing countries, because of extremely long working hours and competition from freelancers and subcontractors. New technology often replaced labour, for example through the extensive use of satellite-disseminated radio and television programmes. He raised the issue of multiskilling, with journalists replacing technicians and vice versa. In his country, there was a lack of consultation on the introduction of new technologies.

The German Government representative considered that in his country the public broadcasting unions were well recognized and had a well-established position. The IT revolution should benefit everyone, and a dialogue among all social partners should be established. The agreement between government, employers and workers in Germany on jobs and training could be used as a model. The Symposium should contribute to the promotion of training in general, and in-service training in particular.

Social dialogue, social responsibility
and voluntary initiatives

Chairperson:	Jean-Pierre Lehr (Employer Vice-Chairperson)
Panellists:	Pier Verderio (General Secretary, FIST el- CISL, Italy)
	Michèle Thozet (Principal Administrator, Relations with Social Partners and Organization of Social Dialogue, Directorate-General of Employment and Social Affairs, European Commission, Brussels)
	Nicola Franck (European Affairs Adviser, European Broadcasting Union, Brussels)
	Youcef Ghellab (Industrial Relations Specialist, InFocus Programme on Social Dialogue, ILO)
	Seh-Yong Lee (Senior Adviser, Policy and International Affairs, Korean Federation of Mass Media Workers, Republic of Korea)

Ms. Thozet stated that, since the establishment of bipartite forums in 1985, social dialogue at the European level had played a dynamic and essential role in industrial relations. Articles 138 and 139 of the Treaty of Amsterdam gave enormous scope to the social partners to be consulted on all areas of European labour legislation. A further innovation gave the social partners the power to negotiate European labour legislation between themselves. Whenever they wished to do this, it was thanks to the scope provided to them under the Treaty. When they did not, the Commission exercised its rights to make proposals and issue recommendations. The focus of social dialogue had become the capacity for the social partners to use the opportunities provided in the Amsterdam Treaty on various areas. These included: training, reskilling and lifelong learning; modernization of existing provisions to take account of new technologies; enterprises’ need for flexibility and workers’ desire for job security; and a better balance between workers’ professional and family lives. Following a 1994 directive, 600 enterprise-level voluntary works councils agreements had been signed, establishing mechanisms for consulting workers. The great potential for sectoral social dialogue was gradually being tapped, and 23 social dialogue committees had been established, bringing together workers and employers from different occupational groups. The committee on culture, set up in January 1999, had recently established a three-year work programme to survey best practices to promote employment. The findings would be used at a series of national roundtables and a major European seminar.

Mr. Verderio interpreted social dialogue to mean rights to information, negotiations and concessions at the enterprise, sectoral and (increasingly) international level. Among the key changes brought about by IT were the appearance of new sectors, the replacement of older occupations by new ones in existing industries, and the convergence of enterprises from different sectors towards providing new and similar services. The first consequence for workers from these new types of jobs and professions was that these often started without any rights or collective agreements being established. In some cases, it was uncertain which sectors the new products and services belonged to, making it difficult to decide exactly who the partners to social dialogue should be. The mergers of major trade unions made this even more true. New groupings for employers and trade unions to undertake negotiations of collective agreements had become necessary. In Europe, several countries had started to revise employers’ and workers’ rights as a result of these changes. Because they were developing in tandem with the processes of privatization, liberalization and globalization, people wrongly attributed employment problems to new technologies when, in fact, the other processes were to blame. Technological change had resulted in job losses in traditional sectors, and employment creation in new technology sectors. Rights and job security were, however, more established in the traditional media and broadcasting. Social dialogue at all levels became increasingly important. In negotiating collective agreements for new categories of workers, sometimes the question was whether to start this from scratch. For instance, telework in an enterprise where the right to negotiate was already established might allow rights to be extended easily to teleworkers in that company. Negotiating in a company which did not yet have [recognized] social partners or established collective agreements was more difficult. The first step in promoting social dialogue was for social partners in the different branches to recognize one another. Existing European, regional or international employers’ and workers’ associations, whose purpose was to defend defined interests at different levels, should accept the role of social partners. Sector-wide social dialogue was needed, emphasizing flexibility but balanced by workers’ concerns. While everybody could agree on the importance of flexibility, a clear definition of the term was essential to ensure continued social cohesion and avoid a situation where flexibility meant erosion of most workers’ fundamental rights. Governments and social partners were key players in supporting social dialogue to safeguard social cohesion. Given differing levels of social rights and protection around the world, international bodies like the ILO had a crucial role.

Ms. Franck explained that hers was a professional association of national broadcasters throughout Europe, North Africa and the Middle East, the vast majority of whom operated under a public service remit. It also had 49 associate members worldwide, and worked in close collaboration with sister organizations on other continents. The EBU facilitated cooperation among its members, who were under obligation to cover the entire national territory and provide a varied and balanced programme for all sections of the population, within a dual system where private competitors had strong positions. It organized news and programme exchanges via the Eurovision and Euro-radio networks, acted as stimulus for cooperation, and negotiated broadcasting rights for major sporting and other events. Lobbying had recently become an important activity, and the Union was active in research and development of new broadcast media. In the context of WTO negotiations on the General Agreement on Trade in Services, public service broadcasters were trying to maintain their reference function, and to educate the public on the best use of the new technologies. Success in the context of digital television would depend on inter-operability of services and open standards. All these developments had an important influence on employment and working conditions, and had been proposed for discussion within the framework of European social dialogue by the European Commission. Although not founded as an employers’ organization, the EBU, as a member of the European Centre of Enterprises with Public Participation, had been involved, together with private sector employers, in cross-sectoral social dialogue for several years, related to European cross-sectoral agreements on parental leave, part-time work and fixed-term contracts. More informally, the EBU had also had some positive experience with sectoral social dialogue, particularly with EURO-MEI and the European Federation of Journalists, with whom joint seminars on training and copyright had, for instance, been carried out. The possibility of a sectoral social dialogue committee was explored in 1999, as proposed by the European Commission. It became clear that the dialogue should cover not only public service broadcasting, but the entire audiovisual sector, although its definition was difficult. EBU members felt sectoral social dialogue should include not only the broadcasting sector, but also employers from independent audiovisual producers, and, eventually, those from other related branches. On the trade union side, UNI-CI, UNI-MEI and the European affiliate of IFJ would be the natural partners for a start, but later additions were also possible. The major discussion themes were related to social policy identified by the European Commission: modernizing working methods, anticipating structural change, adapting contractual frameworks for new employment, etc.; they concerned many different groups. The content of social dialogue should include issues for freelance staff; flexible working hours; harmonization of labour law; taxation and social security; training; a common system of qualifications; equal opportunity; the quality of working life; and competition with non-EU production. The interests and concerns of EBU members from outside the EU would be taken into account. Despite general agreement on the usefulness of sectoral social dialogue, the EBU had not yet been mandated by its members to launch the process, but discussions were ongoing.

Mr. Ghellab described the challenges faced by the media and entertainment industries, how social dialogue could contribute towards meeting those, and the ILO’s new strategic approach. The main challenge derived from increased globalization-induced competition. To survive, enterprises had adopted drastic practices, in particular radical restructuring. There was, as a result, an unprecedented shift towards concentration and massive introduction of information technologies to improve productivity and product quality. Enterprises were increasingly resorting to subcontracting, with a proliferation in independent employment around the centres of production. These developments, in conjunction with greater labour market flexibility, had important consequences: growing polarization of the labour force; an increase in precarious employment; instability of income; a decline in social protection; and upheavals in the traditional relationship between employers and workers, and between enterprises and trade unions, as the workforce became atomized. In this new economic environment, a fresh basis for social dialogue was required, in which innovative forms of employers’ and workers’ organizations worked together at all levels of political and economic decision-making. Efforts at social dialogue and legislation had been made in different countries, but to date their success had been limited. The ILO had therefore decided to adopt social dialogue as one of its strategic objectives, and to establish a programme to reinforce social dialogue in member States. The programme would promote best practices at the enterprise, sectoral and international levels, in cooperation with governments, employers’ and workers’ organizations.

Mr. Lee focused on social dialogue in developing countries. The information and communication revolution, predominantly accelerated by a combination of key factors, such as multimedia convergence and globalization, necessitated new forms of social dialogue. As the Office’s report noted, basic democratic institutions and structures for social dialogue in many emerging democracies were either very fragile or even non-existent. Meaningful social dialogue could take place only if the social partners met certain prerequisites, including strong, representative, independent and well-organized employers’ and workers’ organizations, with government as an impartial arbiter. In many Asian countries, however, governments’ democratic and social visions often fell victim to economic imperatives for efficiency and competitiveness. The ILO had an important role to encourage social dialogue in Asia. The first Korean media union was organized at a national newspaper in 1987, followed by a number of other company-based broadcasting, newspaper and news agency unions; the umbrella organization was founded in 1988. Following its immediate banning, trade unions lodged complaints with the ILO against the Government for violation of freedom of association. The current administration recognized the need to establish a social dimension for the media industries, and the unions were pleased to participate in ongoing discussion, especially concerning the strengthening of public broadcasting.

General discussion

The Spanish Government representative considered recent developments in information technologies as constituting a new industrial revolution, whose duration and effect on employment were difficult to evaluate. Radio and television had become increasingly multinational enterprises; the public could now choose television à la carte because of progress in optical fibre and digitization technologies. Many new and varied technological tools complicated the tasks of individual workers in the industry. New professions had appeared, and several traditional professions had been replaced by new occupations. In Spain, privatization of some television channels had increased the number of jobs in the sector, although reliable information on this was lacking. The more specialized nature of the television channels had paradoxically increased film production and box-office sales. Despite greater concentration and pooling of resources between television and cinema, a larger number of actors were employed. While IT had promoted efficiency and generated more jobs in film, there had been a negative effect on conditions of employment. For musicians, the new technology had meant a drop in demand, although technological changes had enhanced studio and live recording quality. The new technologies had also improved newspapers’ work methods and quality of work, but had increased stress. In Spain, cable and other technologies discussed in the ILO report needed further development, to increase the number of jobs. How employment would evolve was uncertain, however, as the technologies were continuing to develop; he hoped they would increase employment in these industries in the long run.

The Algerian Government representative thanked the ILO for the excellent work reflected in the background document. His country did not have a specific media and entertainment sector, but would like to learn from countries with greater experience in the field, in particular the impact of IT on employment. He wondered whether many countries were prepared for the repercussions on employment, labour conditions and industrial relations resulting from the rapid introduction of technologies. Many recent border-effacing technologies contributed to economic development, but needed better integration. Their impact on employment and the legal basis of future labour relationships, workers’ protection, freedom of association, occupational safety and health, retirement and other aspects needed examination. Other questions relating to copyright piracy were also a concern. It was the government’s duty to provide citizens with equal opportunities for access to new technologies, but the international community and the ILO should help countries in an unfavourable position. As more information equalled more democracy, helping developing countries in information technologies would promote global democracy.

The Employer spokesperson felt the method of the proceedings in this panel discussion did not promote social dialogue. His group felt changes were needed so that more of the employers’ views would be heard, and the record should also reflect the needs and problems of employers with the emerging technologies. He believed discussions should focus on ways the new technologies could be harnessed to benefit social dialogue.

Ms. Alméras (Worker member, France) referred to a recent French court case won by artists and interpreters against Euro-Disney, as an example of multinational corporations not dealing correctly with employees. In France, such workers were considered salaried workers, whether they had short-term, fixed-term or permanent contracts. Their employer, however, had considered that it enjoyed extraterritoriality and could employ workers on continuously renewable contracts, in contravention of French labour law. The French Government, under pressure from some show-business employers, was re-examining artists’ status as salaried workers, so that employers of foreign artists could be exonerated from paying social benefits. This would mean that foreign artists would no longer be on the same footing as their French counterparts, and lead to a situation where the status of French artists would itself be called into question. She hoped the European Union would resist pressures to adjust acquired social rights downwards.

Ms. Thozet, reacting to the previous speaker, emphasized the non-regression clauses of European Union directives. These provided safeguards against downward levelling: a member State could keep its own legislation only if it provided higher protection than those of the relevant European directive.

Mr. Rübenach (Employer member, Germany) considered flexibility the key issue. It was necessary both in reacting to the different contexts in Europe and developing countries, and as a yardstick for old technology social standards when applied to new technology. Social standards determined for the written media could not necessarily be applied to other media. If new technology made some jobs superfluous in the printing field, for example, trade unions could not simply insist that old rules made for old media be applied to the new. The terms and conditions of an editor in a very wealthy newspaper were not directly applicable to an online editor, because their situations were different. The social partners, especially the trade unions, needed to show flexibility to avoid the possibility of enterprises simply abandoning employers’ associations and thereby foreclosing on social dialogue possibilities.

Ms. Straat (Worker member, Argentina) stated that her country had at long last become a democracy, but she regretted the reversal of workers’ achievements by the last administration, including all the collective agreements, legislation and statutes. She referred to interference in Argentinean social dialogue and the legislative processes by foreign interests. Artists’ labour unions in Latin America were striving to create their own free market and to compete at the international level. There was a growing conflict in many countries between the demands of globalization, where the media and entertainment industry was simply becoming a medium of commerce, and the need to protect national cultural identities. Another important globalization-related issue was that identifying a social dialogue counterpart had become increasingly difficult, given the multiplicity of players. She hoped the discussions would help clear up the confusion, and that the Symposium would be followed by regional meetings, including in Latin America.

Mr. Sato (Worker member) asserted that Japan, usually considered an economic giant, was in practice far short of fulfilling its social dialogue responsibilities. Japanese unions were not trade unions in the true sense of the word as understood in Europe, but simply in-house workers’ representation groups. Socially recognized collective bargaining was generally non-existent. Advances in information and communications technologies had created new problems that traditional industrial relations methods could not resolve, so new solutions were needed. Workers in the media and entertainment sector wanted change and to adapt to the changing world. That was why, in addition to the titular member, five other worker observers were attending the Symposium.

Mr. Belfort (Employer member, Venezuela) reported that, contrary to the situation in Argentina described by the Argentinean Worker member, social dialogue in the media and broadcasting industries was functioning smoothly in his own country.

Ms. Nelson (Worker member, United States) considered social dialogue to be increasingly important as musicians’ work had been changed by the new technologies. Musical recording had become much more segmented and subject to increased subcontracting. Dialogue with governments and employers was required to establish the real identity of employers, as well as the means for safeguarding workers’ protection.

The Employer spokesperson did not consider performers to be employees in the same sense as those working behind desks in offices. Not enough importance had been given to social dialogue as a way of consolidating democracy and encouraging freedom of expression, for which the new technologies would be particularly helpful. Discussions seemed to be concerned more with social security and hazards of working with new technologies which, while important, were perhaps less so than in other professions. Due attention needed to be given also to training of workers and the poor regarding the new technologies, to help them out of the poverty trap. Social partners needed to work together to make better use of the human resources potential of these technologies.

A Worker member (Mr. Lennon) affirmed that these industries were a major driver of content in the new information age. Big publishing combines were buying into that content as quickly as they could, while workers in the industry wanted to earn wages in a respectable, dignified and safe way. The new technologies had great possibilities, but if social dialogue was not already in place to begin with, technology would not invent it. There were two major problems with social dialogue in the sector: determining who the employer was, because the apparent employer was often only an intermediary, not the real employer; and the fundamental differences in the social dialogue environment in different regional and economic blocs. More emphasis needed to be given to the possibilities of regional tripartite dialogue in the sector, as applying one global model might be impossible. Social dialogue comprised a whole series of areas where not just workers but also employers and governments had a vested interest in making progress. These included training, occupational safety and health, qualifications, taxation, professional standards and, especially for governments, the social implications of the new forms of work that were evolving.

An Employer member wondered why there should be any difficulty identifying the applicable employer for social dialogue purposes. All labour legislation clearly defined the employer. While he did not know how the issue was handled in Asia or Europe, Latin American labour legislation was quite clear in the matter, and a more precise definition of the social partners could not have been given than in the American National Labor Relations Act.

A Worker member (Mr. Morton) referred to an agreement dated 1962 between the International Federation of Musicians and the International Federation of Actors on one hand, and the EBU on behalf of public service broadcasters on the other, dealing with the international use of radio programmes designed solely for what were then called “fee-earning performers”. The agreement had been quoted in academic legal works as being the first international collective agreement. Together with another agreement in 1972 between the same parties dealing with Eurovision programmes, it enabled collective agreements at the national level between public service broadcasters and performers’ organizations. These were two examples of how social dialogue could be achieved.

The Workers’ spokesperson stressed that social dialogue was not some new invention; it had been around as long there had been negotiating parties in industry. Regional dialogue was also not new: there had been substantial involvement, for example, in South-eastern Europe, with a process to enhance media stability involving an extensive process of social dialogue between governments in and outside the region, media employers and media workers or their representatives within the region. Mr. Lee’s examples from the Asia-Pacific region, particularly the Republic of Korea, were very important reminders that social dialogue was playing a key role in the process of both economic development and democratization in many countries. It would be very useful for the ILO to establish a small coordinating group to stimulate and monitor activities relating to the sector, to define structures for dialogue at regional level, and to establish frameworks for regional meetings to consider important issues that had arisen. Training, health and safety were also serious concerns, as was the need to strengthen professional organizations and social partners. The ILO should organize, within the next biennium, regional meetings in Africa, Asia, Latin America, North America, the Middle East and Europe, to take forward the strategy that would be identified by the coordinating group. Similarly, the ILO should convene, as soon as possible, a meeting of expert representatives from the workers and representatives from the largest multinational entertainment and media conglomerates, to discuss the promotion of social dialogue within the divisions of those companies at national and regional levels. The absence from the Symposium of these large corporations, many of them controlling larger economies than many of the governments represented, was a lacuna in social dialogue which allowed them to opt out of the process. He supported Mr. Durling’s idea that the ILO could explore the use of new technologies – such as e-mails, chat rooms and videoconferencing – for social dialogue.

New occupations, new forms of work
organization, new skills training needs

Chairperson:	Tony Lennon (Worker Vice-Chairperson)
Panellists:	Robert van Weldam (Director/Founder, INGRIN Foundation – International Graphical Industry Training Specialists, Netherlands)
	Salah Hassab Elnaby (Chairman, MISR Studios and Film Production, Co., Egypt)
	Chris Warren (Federal Secretary, Media and Entertainment Arts Alliance, Australia)
	Morton Bahr (President, Communication Workers of America, United States)
	Frank Wernecke (Member of the Executive Board, IG Medien, Germany)

Mr. van Weldam noted that INGRIN’s mission was to stimulate and contribute to the development of printing and allied industries in developing countries. This was done through regular, short training programmes; establishing and supporting training institutes in developing countries; technical assistance; and networking by setting up business-to-business relations. He described various technological developments, such as the integration through digitalization of the printing and information industries. As a consequence, many new and different jobs had been created. INGRIN started its activities in 1991 in Indonesia, and was currently working with more than 16 countries in Asia, Africa and Latin America. The starting point for its interventions were requests from local counterparts (often former trainees) who could best define needs. For example, in 1995 a request was received from the Sri Lankan Ministry of Trade and the Export Development Board to assist in setting up a vocational training institute for printing and allied industries. Now, the INGRIN Institute of Printing and Graphics – Sri Lanka could become a training centre and centre of excellence for Sri Lanka and South Asia. The training programme included entry-level courses for school-leavers and skills-upgrading programmes for people working in the industry, with the qualification structure based on clearly-identified jobs. He described the organizational structure of the Sri Lankan institute and how his foundation supported it. For the future, he expressed the need for continuing close cooperation between government, employers and workers; regular upgrading and updating of equipment, particularly IT facilities; frequent updating of existing and development of new curricula; and continued funding from the institute’s own income, company contributions and government grants.

Mr. Elnaby described the importance of the cinema and television industry in Egypt, which employed about 35,000 people. Of these, 80 per cent were employed by government or public corporations, 15 per cent by the private sector and the remaining 5 per cent were self-employed. In the near future, some 40 per cent of the industry would be privately owned. The IT revolution has resulted in changes in the production process and job content. For example, it was necessary to hire young people to be trained as digital editors, because it was too difficult to train existing editors who lacked computer knowledge. It was clear that the introduction of high definition television would necessitate further changes. Developing countries often lagged behind because their people were not in direct contact with new and modern technologies. He stressed the importance of appropriate pre-employment training, and the need to retrain all workers every three to five years, in order to change their attitudes and adapt their ways of thinking to newer technologies. Unfortunately, in his company only 30-40 per cent of the state-of-the-art equipment was in use, because of the lack of trained workers. He felt that companies could not afford to bear all costs of training, but could negotiate with the unions to see whether they could make a contribution, because union members would benefit from the training. Finally, he said that continuous training was essential; it should be a trilateral effort, and international organizations could provide the necessary support.

Morton Bahr, in a live videoconference session, observed that the impact of globalization had changed the world, with all facing the common challenges of information technology. The differences between the industries had disappeared, as evidenced by the current wave of mergers and acquisitions. Over the past decade his union had become stronger because of mergers with other unions representing workers in related trades. Technological convergence, the increased use of computers and 24-hour online newscasting had created new occupations, such as that of webmaster. There had been a vast expansion in the number of freelance workers; unions had to find new ways to represent their interests, for example in health care. He said that workplaces were becoming more similar, and traditional job demarcations had broken down. However, workers could be retrained for such new jobs. It was a fact that unionized firms spent more money on training because the unions fought for it. He outlined a number of training activities currently carried out by his union with grants from foundations or the Government. An example was a distance learning programme leading to a communications degree. Finally, he said that all people of the world should benefit from communication technologies and the IT economy.

Responding to questions from the Chairperson about the use of new technologies for Internet degrees and funding such programmes, Mr. Bahr said that his union had lifelong learning programmes for its members, including many via the Internet; some employers provided the necessary facilities. Funding was provided in three ways: (a) by companies as part of collective bargaining agreements; (b) grants from foundations interested in lifelong learning; and (c) from the Government – the Clinton Administration believed in the importance of a well-trained labour force. There was a skill shortage in the United States, not a shortage of workers. There was a vast untapped potential – such as people leaving the military – that could be trained. His union had developed several programmes to train non-college workers for entry-level IT jobs. As far as social dialogue was concerned, companies believed that unions gave them added value: retraining of workers supported by unions would succeed.

Replying to questions asked by the Employer spokesperson and the Chinese Government representative, Mr. Bahr observed that his union provided training to all categories – minority groups, women, etc. He recognized that it was difficult to get employers to forecast training needs for new technologies three years hence. In the absence of reliable data, there was a constant effort to catch up. Finally, on the issue of the ILO’s role in promoting dialogue in large multinational corporations, he felt that the ILO could encourage corporations to meet with union representatives from all subsidiaries, as some were fortunately doing already. It was difficult to see how companies that were anti-union would reply to ILO requests, but the international trade secretariats could devise ways of pressurizing these companies.

Frank Wernecke, on the subject of training and qualification strategies in media and entertainment, considered that the social partners had the central responsibility for the objectives and content of vocational training programmes. The trade unions’ role was to ensure that there was a broad range of training in order to promote the employability of workers. Employers and their associations knew about training needs, and should ensure that the training was appropriate. Furthermore, too much government interference in decisions on the content of vocational training could have a negative impact, and weaken the responsibility of employers and trade unions. He felt that the costs of education and vocational training should not be placed upon society. In media and entertainment, he saw a tendency to push the costs of training onto workers. The government had the main responsibility for primary and secondary education – they should develop computer literacy at an early age, so that students would know how to use computers in a critical manner. Mr. Wernecke advocated better integration between computer education in universities and higher vocational training institutes, with greater transparency between the systems. The idea of lifelong learning had become a slogan which was far from being met, because the necessary structures did not exist in most countries. Social dialogue was essential to promote lifelong learning – here the ILO could have an impact.

He felt that Germany was not particularly advanced, but in the past three years there had been positive developments, and the number of trainees had increased. Within the vocational training system, job profiles had been developed for media and entertainment, and there was a good chance that the objectives of the training agreement would be met in the IT industry. Private radio stations did not provide much training. The unions did not wish to create “dead-end” training; training must provide a basis for further development, including the integration of “old” jobs into “new” ones. Changes were necessary in the general education system to facilitate entry into the world of work, with on-the-job training for changes in technology. The many jobs being created in the media, entertainment and information industries should not be filled only by 20-year-old entrants. There was a great need to improve training for existing workers. This could be done by combining entry-level training with further training on a modular basis, so as to continuously upgrade skill levels. In this way, lifelong learning might become a reality.

Chris Warren, on behalf of the International Federation of Journalists, introduced the IFJ World Survey on the social and economic status of freelance journalists, Freelance futures, prepared for the ILO as part of the background material for the Symposium. The survey showed that there had been an overall growth in the number of journalists, but mostly in contingent employment. Freelancing was growing throughout the world, especially in new news and information services. The survey highlighted the challenges for unions and employers in dealing with this new workforce. There was a reluctance by employers to include freelance issues in the collective bargaining process. It was argued that freelance journalists enjoyed greater legal protection on intellectual property rights than regular employees, but the reality was different. Freelance journalists were not the only group of contingent workers, but he believed that the condition of freelancers posed a threat not only to the employment rights of journalists, but also to press freedom itself. The media needed to be independent from government and government control, while journalists needed to be independent from the media owners. He suggested that the ILO undertake research on the evolving status of contingent workers, including their training needs, social protection and health and safety needs.

General discussion

The Indian Government representative described the economic importance of the IT and media and entertainment industries in her country, which together employed some 8 million people. In India, all media and entertainment industries were currently showing healthy growth. However, the country lagged behind developed countries in the area of information technology and broadcasting. With regard to training, she said that the Institute of Mass Communication, since its establishment in 1960, had produced a large number of journalists. In addition, there were 37 universities offering degrees in mass communication, and many state-run media training institutions. Private sector institutions were very active in training for information technology. Recently, the Government had started a dialogue with expatriate Indians active in the IT industry in the United States and elsewhere, to upgrade Indian regional engineering colleges.

The Canadian Government representative said that he would limit his intervention to the media industry, where he was struck by the degree of uncertainty in the industry, whether private or public, caused by the changing technology and the resulting organizational changes. The “cradle-to-grave” welfare philosophy had disappeared and, as a result, there had been major impacts on the bargaining unit. Employers and managerial staff had the same fears as workers: they no longer knew exactly what a radio or a telephone or television company was. When Canada came out of recession, companies had identified their core businesses, and there had been restructuring and spinning off of non-core companies. However, technology was moving so fast that nobody was sure anymore what the core business was. This could result in more restructuring. Some companies would grow and create employment opportunities, while other workers would be severely affected. Therefore, there had to be not only social dialogue within the collective bargaining framework itself, but also a mechanism to identify training needs in individual companies. There had to be a continuing dialogue between employers and workers on training issues, outside the traditional collective bargaining process. The Government encouraged the establishment of joint standing committees or local union committees in each enterprise that would meet during the life of the agreement. He suggested that there be a form of continuous dialogue – not on wages and benefits, but on training and qualifications. Qualifications were really the lifeblood of collective agreements, and very often a factor in lay-offs, mobility and promotion. Lack of qualifications often turned into loss of employment. The parties had a social responsibility to look after existing workers, and there was perhaps a role for the ILO at the macro level in establishing systems and labour relations mechanisms to deal with the restructuring of organizations.

The French Government representative said that training in France was the responsibility of the social partners. The State could only intervene when asked to do so by them. The Government was involved in studying and defining specific requirements in certain sectors. All such studies were carried out in consultation with the social partners. From the study on the audiovisual sector (including entertainment in general and the graphic industry), it had become clear that the social partners did not have the information they required about employment or the markets they were trying to serve. One particular problem was that there were no standard titles for new jobs in emerging employment areas. This gave rise to difficulties in assessing training needs, and hampered workers pursuing career development within or outside their company. Training that met developing technological requirements was of a reasonable level, and objectives were being achieved. It was, however, more difficult to establish longer term training programmes. Proposals were made that employers and workers should get together at branch level and try to ensure that consistent, coherent information was available to all, providing everyone with greater information on the effects of technological trends on employment. Some jobs were affected very markedly by technological change, while for others the effect might only be peripheral, meaning that new technologies might have different impacts on different jobs. It was necessary to assess the existing needs for training and qualifications in terms of the competences required. On this basis, precise requirements for training courses within the sector could be defined.

The Employers’ spokesperson said that his group had three comments concerning training. First, education and training programmes fell under the responsibility of governments. Education programmes had to take into account technological developments, so that education could be adjusted to meet emerging requirements and to ensure a competitive workforce, which was required for continued growth and development. Governments should encourage training and education for unemployed people and those who had been excluded or marginalized. Governments should particularly try to promote their access to technology. Secondly, the private sector had an important part to play in specialized training of workers within the industry. In some cases, employers were obliged to contribute to the costs of vocational training, for instance by local authorities. In those cases, the contributing employers should actively participate in the training, to ensure that private sector training contributions were not used for other purposes. Employers would be interested in being involved in the development of training programmes. Thirdly, it was important for workers to take initiatives in seeking out training within the limits of available resources and access to technology, which more and more people were acquiring. By enhancing their knowledge, workers would be able to improve their career situations and prospects.

Mr. Soto (Employer member, Uruguay) felt that developing country governments with limited resources should concentrate more on general education, in order to try to eliminate illiteracy – which was an extremely important limiting factor. It would be unwise to divert those funds for training in the media and entertainment industries which, compared to others, were not in a critical and difficult situation.

Mr. Bates (Employer member, Australia) stressed that in many cases of technological change, manufacturers of the technology played a significant role in training, and this could help substantially in media and entertainment. A key issue was how to catch up with the backlog in training that people needed, when technology was changing so rapidly. The actual technology was often put in place before the training had been completed, which posed problems not only for the industry but also for the workers.

Mr. Vargas (Worker member, Chile) said that in Chile, and probably in other Latin American countries, employers in the multimedia industry had not been greatly interested in training their workers, and many workers had lost their jobs. Over the years there had been considerable growth in their businesses while, at the same time, there had been a decrease in social benefits and a deterioration in working conditions. Workers could not accept that the introduction of new technologies would erode conditions at work, citing examples of the consequences of breaking up newspaper companies. Trade unions also had to look at the problems of women and young workers, who often suffered discrimination. In Chile, going on strike was rare, because the law allowed the recruitment of other workers to replace strikers, so workers tended to accept the conditions imposed on them. Many young workers were willing to accept such jobs, but were often quickly disappointed.

Ms. Alméras (Worker member, France) spoke on behalf of actors, dancers and other performers affected by new practices in their profession, for example 3D imaging, where performers were used to create movements for future cartoon images. There were also new types of work for voice recordings subsequently remixed. As a consequence, one sometimes did not know who the artist or performer was in a song or an animated cartoon. Performers had intellectual property rights; royalties and secondary rights should be paid to them. In France, unions had been unsuccessful in collective negotiations, and had to enter into legal proceedings in order to ensure proper recognition of performing artists. In the United States and the United Kingdom, collective bargaining in this regard was also facing difficulties. In France, she said, there were training programmes for these new types of performances and performing arts, paid for and developed by employers and workers. The ILO could encourage the setting up of such training structures in other countries.

Mr. van Weldam agreed that equipment suppliers played a very important role, not only in determining qualification structures or skills, but also in terms of investment. They often allowed people to be trained on their premises with their new machines. For any training organization, it was very difficult to invest constantly in new machines. He also agreed that there was dispute over the exact names of job types. The European Graphical Industry network had embarked on a project to develop a multimedia lexicon for graphical and media terms. Lastly, what was of great concern to training organizations, particularly in developing countries, was the distinction and gap between younger workers brought up with computers and older workers in the company who were not used to computers; this gap could affect the operations of enterprises.

The Chairperson concluded that training was a common interest for all three groups. The need for training was changing rapidly and in unexpected ways with the transformation of occupations by new technologies. The problem of basic literacy was becoming more acute. On the other hand, in countries where some people would traditionally not expect “high-end” training needs, the same level of training was required as in Europe or North America. Some very thorough reference to training should be included in the conclusions of the Symposium.

Safety and health in relation to new
technology in media and entertainment

Chairperson:	Jean-Pierre Lehr (Employer Vice-Chairperson)
Panellists:	Ritta Ærø Hansen (Union officer, HK/Industry Graphical Union, Denmark)
	Maurice Wicky (General Secretary, Swiss Graphical Industry Association, Switzerland)
	Ellen Rosskam (Occupational Safety and Health Specialist, InFocus Programme on Safe Work, ILO, Geneva)
	Ashok Venugopal (President, Karnataka Film Workers’, Artists’ and Technicians’ Federation, India)

Ms. Hansen noted that, in addition to old and well-known hazards in the printing and graphical industries – such as noise, toxic substances, poorly guarded machines, heat and heavy work, on which much progress had been made in some countries – other safety and health hazards were emerging in relation to work with VDUs. These included poor indoor air quality; psychosocial, musculoskeletal, stomach and digestive problems; and stress-related headaches, eye strain, dust-borne allergies, muscle tension, varicose veins, circulatory ailments and repetitive strain injury. Safety and health problems were not limited to older workers, but affected those of all ages using VDUs and a mouse for over four hours per day. Better work organization, reduced hours of work on computers, changes in activity and frequent breaks were essential. Health risks could be prevented, but this required dialogue, involvement of workers in workstation design and workplace assessments, better information and training. VDU use was regulated in the European Union by European Council Directive 92/720. It obliged employers to plan work to ensure breaks or changes of activity, and analyse working conditions at workstations to assess risks to eyesight, physical problems and mental stress. It provided for all employees to be trained and have eye tests before commencing VDU work, and thereafter on a regular basis. Nevertheless, there were problems, given the relatively wide margin for interpreting the Directive and the lack of appropriate enforcement. Some countries had not incorporated the provisions within the established deadline.

Mr. Wicky informed the Sympoyium that accidents in the Swiss graphical industry were ever-decreasing, but a zero-risk target should be the goal, as means existed to tackle most problems. Different printing occupations had varied levels of risk with, for example, virtually no risk in pre-press work and low risks in binding. In Switzerland the occupational accident rate had declined from 53 to 46 per thousand in the past decade, and would continue to decrease. Nevertheless, there had been one occupational fatality and 17 injuries, plus 35 cases of illness, with costs per accident increasing. The accidents were mainly not associated with printing activities, but instead with workers slipping or being hurt away from machines, or during manual or mechanical loading and unloading. Only 27 per cent of accidents and costs were related to production machinery or screen work. In certain fields, the new technologies – such as digitalization of information – had led to reduced risks, in this case due to a decline in the use of toxic substances. Equipment designers were increasingly conscious of their responsibility for developing safe products. Factors such as noise, heat and light were better controlled. Unfortunately, some individuals took unnecessary risks by not using protective equipment. Excessive screen work created new health problems, but was far less unhealthy than its older technology equivalents. The sector was also faced with shorter deadlines and pressures leading to stress. This created an environment which was probably more difficult for older workers to adapt to. There was now a constant need to adapt one’s skills and undertake training.

Ms. Rosskam noted that a major safety and health hazard affecting musicians and journalists was repetitive strain injury due to overuse and awkward body positions. In the field of music, attempts at redesigning instruments or adapting body posture had been tried, but were mostly unsuccessful. Musicians needed access to appropriate ergonomic equipment, such as chairs with spinal support, and sound bafflers. Until now, such equipment was often only obtained when negotiated into musicians’ contracts, but these should be universally provided. With regard to the safety and health hazards of journalists, more than 500 had been killed over the past few years due to physical safety risks, not to mention those related to the use of heavy equipment. The International Federation of Journalists had adopted a code of practice on safe conduct, covering first aid, risk awareness, and minimum standards for insurance and medical care, which could serve as a useful model for all the creative arts. Journalists’ work had become more stressful, with negative repercussions on their daily and family life. They were increasingly faced with longer hours of work or “on call”, due to the development of e-mail, the Internet and mobile telephones, and a requirement to get information out immediately onto websites (and often to keep abreast of developments in other time zones, at a time when the journalist ought to be resting or sleeping).

Two measures Ms. Rosskam suggested were to establish a daily maximum of eight hours on the computer and to switch off mobile phones after defined periods of time. Computer use was the main cause of journalists’ occupational health problems; ergonomic workstation design and frequent breaks needed to be guaranteed. A programme of action to prevent RSI and other hazards was recommended, entailing management support. Employers and others should provide information and training. When possible, employers should purchase ergonomic furniture and accessories, including fully adjustable tables, chairs, wrist supports, foot supports, anti-reflection screens, document holders, lamps and screen cleaner. It was important to ensure that frequent rest breaks were taken. Worker-centred workstations fitted to individual workers were essential. These actions would lead to improved health, comfort and productivity and reduced sickness and absences. Teleworkers faced similar safety hazards, and their needs required being addressed.

Occupational safety and health was not a question of added cost, but one of added value, increased productivity and decreased costs. The ILO had designed many innovative, low-cost and simple solutions to improving safety, health and working conditions. A training programme Ms. Rosskam had conducted and evaluated over a five-year period in seven countries, which had been implemented with management and worker support and participation, had resulted in a significant number of participants making changes to their workstations and improving their level of personal comfort. The multiplier effect of the training had been impressive, with those trained imparting their new knowledge to colleagues, covering 84.5 per cent of the workforce. The results pointed to the conclusion that effective training of 50 per cent of workers through such a programme could lead to virtually full coverage, and was thus highly cost-effective.

Mr. Venugopal emphasized that, in addition to the artists, musicians and skilled workers in the film industry, many others were involved such as production assistants, drivers, extras, carpenters, painters, costume and make-up artists and assistants, stage assistants, dancers, cooks and cleaners, each with their own safety and health issues. In India, they had been organized in trade unions and had regulated working hours and basic minimum conditions. However, there was now a trend towards subcontracting. Jobs were also disappearing due to the use of electronic synthesizers and computers. Working hours were becoming more irregular and long, and workers were worried about negative repercussions if they raised questions. With greater difficulties in securing employment, stunt artists were perhaps more prepared to risk their lives. A number of recent incidents in India in the industry had led to deaths and disabilities. Safety measures were disregarded. For example, during the production of a television serial the use of firecrackers in a studio had started a fire, resulting in 56 deaths. While the stars had been airlifted to modern hospitals in big cities, some workers had died in local hospital corridors. It would be useful for the ILO to conduct a study of the conditions of stunt performers. Information technology was leaving people jobless, unsafe and unhealthy, and workers who were not educated, geographically mobile or adaptable should not be forgotten.

General discussion

Ms. Rosenzwaig (observer, Union Network International) highlighted the constant changes in the graphical sector, in which job profiles had been transformed at least five times over the past decade. Competition, competitiveness and productivity had to be based on training and good working conditions, not on exploitation. Safe and healthy working conditions were the sine qua non for the development of the sector. Conditions varied between countries – in some, toxic substances were banned, while in others in the developing world they continued to be used. UNI-Graphical had initiated a global programme on safety. There had been some success in establishing dialogue with employers, who were recognizing that safety and health problems had to be tackled through in-depth discussions. There was tremendous stress related to not knowing how job profiles would change, as workers had to retrain frequently in a rapidly evolving industry. Some who could not adapt had to move to lower-paid jobs. In the MERCOSUR countries, social dialogue on safety and vocational training was relatively satisfactory. Accidents were not due to lack of care or consideration of workers, but lack of relations between the employer and worker. Workers generally used protective equipment, but it was sometimes poorly designed or uncomfortable. Greater information about health and safety was vital. The ILO could provide assistance, e.g. through a tripartite-level discussion on the graphical sector. An inventory of jobs and an analysis of risks relating to these should also be developed.

The spokesperson of the Employers’ group noted that enterprises developed and used human resources, which required ensuring that working conditions were safe and healthy for workers. Workers were vital for the survival and competitiveness of businesses. Health and safety measures to guarantee optimal safe working conditions depended on the availability of financial resources, and access to ergonomically designed products could prevent risks and strains that might lead to the need for constant medical care. Awareness would reduce occupational risks, and that was the objective that should be sought. The ILO was achieving considerable progress in producing and disseminating information to developed and developing countries. Such information should be distributed as widely as possible to trade unions, governments and employers’ organizations. Employers were concerned about working conditions and their human resources, but financial resources did not always permit for the optimum safety and ergonomic conditions.

The Egyptian Government representative noted that in his country, safety and health meant protection of human resources, safeguarding production and industries, and environmental protection. Egypt had adopted environmental legislation requiring all establishments, including those operating in the media, to implement all standards and criteria operable in this field. Authorities were responsible for supervising the implementation of the standards and criteria. More information and awareness-raising would be useful to improve implementation. Actions were already being undertaken through the media, and conferences had been or were being convened on industrial safety, including one on the impact of technology on the working environment and on workers.

Ms. Rodríguez (Worker member, Spain) underlined that much depended on the length of time spent at the computer. A manager who did not spend as much time on such work might not experience and understand the problems faced by workers. Employers should have specific budget lines for safety and health and for training. Repetitive strain injury, tendinitis and lumbar problems from very repetitive actions were prevalent in the graphical sector. More women were being affected in the industry, because they were generally found in the lower-paid, repetitive jobs. As far as working hours, it was not only a question of breaks, but also of working excessive hours, sometimes 14 or 16 hours per day, not counting the time spent reaching work and home. Training was vital to overcome difficulties.

The spokesperson of the Employers’ group reiterated that enterprises’ financial resources might not allow for optimal safety and ergonomic conditions. Mr. Wicky pointed out that the benefits of good safety and health practices were often not seen by the same people as those paying out for appropriate measures, and some measures took time to work. Further, some accidents were caused by using products and equipment incorrectly, and could be very easily avoided by paying more attention to their use.

Mr. Gold, from the ILO’s InFocus Programme on SafeWork, drew attention to ILO Conventions and Recommendations on safety and health, in particular the Occupational Safety and Health Convention, 1981 (No. 155), which provided for tripartite dialogue at the national level, taking into account local or national conditions. He recommended that the participants closely review the Convention and its accompanying Recommendation. In addition, the International Occupational Safety and Health Information System of the ILO, which had national and collaborating centres in most countries, provided extensive information and solutions to occupational safety and health problems. The InFocus Programme was developing data sheets on the hazards of specific occupations, and was interested in working with various sectors of industry to have such sheets produced and disseminated, with the goal of preventing occupational accidents and diseases. He encouraged the participants to collaborate on developing these in relation to their specific areas of work. Tripartism was the basis of safe work.

The Chinese Government representative stressed that occupational safety and health was a key area, requiring support from enterprises and governments. China had undertaken much work and achieved great progress in this field with ILO assistance. The ILO should continue to conduct further studies and to provide member States, especially developing countries, with information. Training in occupational safety and health had to be related to new technologies and special needs of industries.

The Spanish Government representative drew attention to the fact that a number of problems were not always recognized as potential hazards, such as computer screens and noise. Convention No. 155 established a general framework, but was rather old – perhaps updating or a new Convention was required.

The spokesperson of the Workers’ group (Mr. Warren) emphasized that considerable attention had been given to the problem of repetitive strain injury and its impact on various aspects of these industries, as it was a major health risk across the sector. It was a totally preventable disease but this required being continually conscious of how changing technologies could affect or cause RSI. The gender imbalance of RSI was an area of concern – a study on the impact on women of changing employment and evolving employment practices should be undertaken. A tripartite approach to eliminate RSI should be developed, as had been successfully developed in Australia. Safety in the graphical sector should be reviewed in depth in a tripartite meeting. Stunt performers required special attention, particularly in developing countries. National and international safety codes should be developed on a tripartite basis. Child labour issues should also be reviewed, including the development of international standards on children in the entertainment industries.

Combating piracy of media and entertainment
products: Effects on employment

Chairperson:	Tony Lennon (Worker Vice-Chairperson)
Panellists:	Cleopatra Doumbia-Henry (Deputy Director, Sectoral Activities Department, ILO, Geneva)
	Jørgen Blomqvist (Head, Copyright Law Division, WIPO, Geneva)
	Jean Vincent (General Secretary, International Federation of Musicians – FIM, France)
	Aloys Fischer (Legal Adviser, VISCOM – Swiss association for Visual Communication, Switzerland)

The Chairperson defined piracy as the wilful and sometimes profitable use of intellectual properties without paying proper royalties or other licence fees to the owner of the intellectual property. The problem had been exacerbated by the development of the new multimedia digital technology. Piracy was bad for governments which lost tax revenue; employers whose income from intellectual products was stolen; and creative workers who received no reward for their toil and whose jobs were threatened.

Ms. Doumbia-Henry stated that this was a growing international phenomenon affecting all performers in both industrialized and developing countries. The media and entertainment industries depended on intellectual property, and progress in technology made it easy to copy, replicate and sell their products. New technologies had helped to subvert traditional methods of property control, and the Internet threatened the industries with further loss of product control. It was extremely difficult to find relevant data regarding the employment effects of piracy in the media and entertainment industry. However, estimates from the Office of the United States Trade Representative indicated that, for the United States alone, the industry was losing between US$46 and US$61 billion from piracy every year. Piracy was also believed to have a significant impact on creativity, intellectual property rights and artistic reputations. Performers thus had a vested interest in seeing that piracy of sound and audiovisual recordings was halted, as it aggravated their already critical socio-economic environment. The extent of the impact on the producer, the performer and support artists varied according to the type of piracy and the contractual terms of the performer: whether self-employed or employed by the producer. While national laws providing the parties with a means to protect their interests remained a cornerstone of the fight against piracy, a number of special measures had to be envisaged. From as long back as the mid-1920s, the ILO had maintained that performers should be remunerated not only for the original performance, but for any subsequent commercial use made of it, since such use employed the performer’s labour. Piracy made commercial use of performances without remunerating the performers and, as such, was not only a violation of certain rights but also represented a theft of labour. The ILO would continue to urge member States to adopt or amend the laws as appropriate, so that protection would be provided to all rights-holders in accordance with existing international standards, such as the Rome Convention and the WIPO Performances and Phonograms Treaty. In the medium and long term, widespread piracy might have a serious impact on the ability of the music or audiovisual industries to invest in new works and to sponsor young and unknown talent. This posed a threat not only to the earning opportunities of performers, but also to those of technicians and other production workers.

Mr. Blomqvist recalled that protection of copyright and related rights for performers, writers and producers was intended to encourage creativity, and a basis for investment. Piracy distorted market competition, and was a disincentive to investment and development of products and material. Often there was a dangerous misconception that a country could have copyright protection for its own national products, but not those coming from abroad. Exporting and importing countries of copyright-protected products had a common interest in combating piracy. Exporting countries did not want their products to be pirated in importing countries, and denying protection in importing countries resulted in foreign cultural products being dumped on the national market, in unfair competition to national publishers and producers. Intellectual property rights were economically relevant and trade-related. The Trade-Related Aspects of Intellectual Property Rights (TRIPS), concluded under the Uruguay Round of trade negotiations in 1995, provided substantive standards on the scope of protection, and effective enforcement for intellectual property in international trade. A 1999 study estimated that industries relying on the use of copyright and related rights material contributed 4.3 per cent to the gross national product of the United States in 1997, or US$350 billion, almost as much as the chemicals and allied products and more than the agricultural sector. In terms of jobs this translated into about 3.8 million workers, or 2.9 per cent of the workforce, and a job growth rate far above that of the general economy. Comparable data from other countries were lacking, but previous studies for the Netherlands and New Zealand had indicated very similar employment figures and job growth rates. A number of developing countries had been able to establish strong copyright protection and used it to foster their industries. India’s long tradition of a strong copyright regime – which had enabled the development of the world’s biggest film industry in terms of volume, large music and computer software industries – was an eminent example.

Mr. Vincent did not share the enthusiasm of previous speakers about the fight against piracy. The very concept of piracy had been created by the phonograph industry solely as a tool to obtain recognition of rights protecting investment. When musicians’ contracts did not entitle them to receive income derived from the exploitation of the recording, piracy had no consequences as far as they were concerned. While their situation had improved somewhat since FIM started participating in debates on intellectual property rights more than 50 years before, effective protection and remuneration of individual performers and writers remained inadequate worldwide. The fight against Internet piracy did not really concern many writers and performers, who would much prefer to be able to negotiate their contracts properly. In developing countries, the concern of intellectual workers was for such rights to exist at all. Workers’ organizations had observed a trend, driven by industrialists, from concern about protecting creativity to protecting investment. Although the ILO report discussed steps by companies such as Virgin, EMI, Universal and Warner to fight piracy in association with their computer industry counterparts such as IBM, there were national level cases where musicians’ rights had been violated by those same companies. AOL’s acquisition of Time-Warner, if confirmed, would enable the company to exploit about 40 per cent of the entire existing record repertoire, and to control about 60 per cent of music publishing. Should AOL wish to exploit this enormous catalogue over the Internet, a legal issue would arise within a recent WIPO Convention protecting material made available over the Internet. The company could choose to interpret the law to require that it negotiate with rights-holders, especially the performers, to update contracts entered into before the law came into force; or could decide that at the time of the original contract, the parties had intended to include in the rights transferred a right to make their work available on the Internet. The latter choice, which is possible for at least part of the catalogue, would make AOL the greatest pirate ever. Musicians, actors, dancers, composers and authors would much prefer statistics on payments they had themselves forfeited as a result of piracy, rather than the meaningless billions of dollars cited as the cost of piracy on software, audiovisual works, and other media and entertainment industries. Even in India, advanced as an example of a good copyright regime, this did not translate into rights for actors, musicians and dancers since, as in many other countries, the country had a tradition of not having written contracts. In many developing countries, especially in Africa, the problem was that the situation had deteriorated to a point where the local industry had ceased to exist. The ILO needed to interest itself in certain aspects of the implementation of the 1996 WIPO treaties relating to the Internet and neighbouring rights. In collaboration with UNESCO, the ILO also ought to play an important role in the protection of folklore, as a means of promoting the re-emergence of local production in developing countries. It should also consider establishing mechanisms to monitor employment-related contractual practices in the field of intellectual property rights.

Mr. Fischer argued that piracy did not affect employers as such, but commercial enterprises in all areas. Similarly, it was not so much workers as artists – who might themselves be employees or self-employed – who were affected. Technological advances had continually improved the means of copying and using copies of recorded works. Sectors particularly concerned were sound (music); pictures (film and video); words (works of literature and print); and computer software. It was obviously cheaper to copy a piece of music, a motion picture or text without compensating the author. A first step in fighting piracy was the creation of legal means to protect authors’ rights. In Switzerland, the legal weapons included means of detection, prosecution and compensation according to civil law. Two separate organizations, Suisa and SAFE were responsible for monitoring violations for the music and video sectors respectively. A preventive tax was also levied by ProLitteris on every photocopy. In Germany, a similar tax was levied on each photocopier at the time of sale. Current methods would be insufficient when music, films and literature could be copied from the Internet, and a number of organizations were attempting to establish a common action programme to face the challenge. As mentioned by previous speakers, precise data on the economic consequences of copyright violation were hard to find, but were estimated at about US$60 million annually for Switzerland, and around US$10 billion worldwide. Although piracy could lead to j

Note on the proceedings

Symposium on Information Technologies in the Media and Entertainment Industries:
Their Impact on Employment, Working Conditions and Labour-management Relations

Geneva, 28 February - 3 March 2000

International Labour OfficeGeneva

Contents

1. Introduction

2. Report of the discussion

Introduction

Composition of the Working Party
on Conclusions

Presentation of the background document
and general discussion

Social dialogue, social responsibility
and voluntary initiatives

General discussion

New occupations, new forms of work
organization, new skills training needs

General discussion

Safety and health in relation to new
technology in media and entertainment

General discussion

Combating piracy of media and entertainment
products: Effects on employment