Public consultation for media freedom
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25 December 2021
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15 January 2022
The Public Consultation on Safeguarding Media Freedom has been launched. (1)
The aim of the consultation is to collect the views and views of citizens, competent authorities and bodies of the Member States, academia, media operators and umbrella organizations representing stakeholders:
- on current and emerging problems relating to media freedom and pluralism, with particular attention to obstacles and issues relating to the operation of the media in the EU internal market;
- on the possible strategic approach and on the possible options and repercussions.
The aim of this initiative, which features in the Commission's work program for 2022, is to protect journalists and rights defenders from the abuse of litigation (SLAPP, Strategic lawsuit against public participation - strategic legal actions aimed at blocking public participation), through a common regulatory framework, which improves the internal market in the media sector, safeguarding its freedom and pluralism. (2)
The consultation is accessible to all European citizens, after registering on the relevant page website until March 21, 2022.
Current framework
The media market today it is marked by: i) disparity of national norms in terms of media pluralism; ii) insufficient structures for cooperation between independent media regulators; iii) cases of public and private interference in the property, management and activities of the media; iv) lack of guarantees for media pluralism, too online.
In such a context the conditions for the effective freedom of the media, their pluralism and their independence from political pressures and economic interests have worsened, as highlighted by the results of the Index on Press Freedom in the World 2017 published by Reporters Without Borders (3) and from the conclusions of the 2017 strategic report of the European University Institute. (4)
In the Member States of the EU, journalists continue to be subjected to attacks, which take many and many forms. As pointed out by the European Fundamental Rights Agency, they include threats of violence, incidents in the context of public meetings, alleged interference by political actors, pressure to disclose confidential sources and materials, interference by security and intelligence services. intelligence, financial and economic pressures. (5)
Such factors, combined with political interference and a high level of concentration in the media sector, also determine the expansion of the phenomenon of self-censorship, as shown by the Council of Europe study entitled "Journalists under pressure: Unwarranted interference, fear and self-censorship in Europe". (6) Furthermore, the worsening of working and economic conditions in the media sector resulting from the economic crisis, combined with the emergence of new international players such as high-tech giants or social media platforms capable of dominating the advertising market online, as well as the budget cuts made in some Member States against the public service broadcaster, is increasing precariousness and, at the same time, increasing self-censorship.
Strategic objectives and actions
The key objectives of the initiative will be the following:
- ensure that companies in the media sector can operate in the internal market in compliance with coherent regulatory rules, including as regards media freedom and pluralism;
- ensure that EU citizens have access to a wide and varied media offering both offline and online;
- safeguard the editorial and managerial independence of the media, which is essential for media freedom and for the integrity of the internal market;
- promote undistorted competition between media companies by ensuring a transparent and fair allocation of public resources.
Furthermore, the following preliminary options will be analyzed and adapted and refined in the course of the impact assessment process.
Option 1: Recommendation addressed to Member States
Member States they will have to implement a series of initiatives related to national procedures for the control of operations on the media market, restrictions on market entry and operations, transparency of media ownership, protection of editorial independence and media diversity and the transparent allocation of public resources.
Option 2: Legislative instrument supported by an enhanced network of independent media regulators
EU legislation would establish common principles for national media market transaction control procedures and other restrictions on market entry and operation of the media.
It would also be expected the adoption of measures aimed at increasing the transparency of media markets.
EU legislation it will also have to promote principles for the protection of the editorial independence of the media and the transparent allocation of public resources in the media sector. It will also have to enact self-regulation rules and coherent regulations for media pluralism, offline e online and establish a framework that can enable media companies to foster innovation and cross-border cooperation, to contribute to the sector's financial independence and long-term sustainability. The tool would be supported by an effective and independent monitoring mechanism at EU level and a structured cooperation framework for media regulators.
Likely economic impact
From this initiative media companies should derive greater legal certainty, better market access and opportunities for economic growth.
It would provide in addition, media companies have greater incentives to invest abroad, given the lower risks of obstructive national rules or procedures, and a greater degree of cooperation and regulatory convergence in the EU. The initiative would also contribute to improving the conditions of competition between all media operators.
Likely social impact
The European sector media contributes more than 3% of GDP to job creation and growth 7, as a result a strong internal media market can offer additional employment opportunities and facilitate social inclusion. The initiative is also likely to contribute to the development of the media sector and, at the same time, to the social function of the media of informing citizens and enabling them to form their own opinions.
Likely impact on fundamental rights
If adopted, the initiative would contribute to safeguarding freedom of expression in compliance with Article 11 of the Charter of Fundamental Rights of the European Union. The initiative would also uphold the EU's fundamental values enshrined in Article 2 of the Treaty on European Union, given the role played by independent media operators in democratic systems based on the rule of law.
Likely impact on simplification and / or administrative burden
All options could lead to increased administrative burdens for public authorities. However, it would be counterbalanced by the significant reduction in the burdens on market operators, deriving from the simplification of procedures and the reduction in the risks of obstructive administrative rules or behavior. By virtue of the decrease in regulatory costs, the burden on the media would be reduced, and at the same time they would benefit from a higher level of legal certainty.
Probable environmental impact
No significant repercussions on the environment are expected. A minor negative impact could be an increase in electronic correspondence or technical and organizational operations.
Freedom of the press and media pluralism are vital for democracy and the rule of law.
It is therefore extremely important to ensure adequate working conditions for journalists and media operators, in full compliance with the obligations enshrined in the EU Charter of Fundamental Rights and the European Social Charter, in order to avoid undue internal and external pressures, situations of dependence, vulnerability and instability and, therefore, the risk of self-censorship.
The Commission and the Member States they will have to develop and promote new socially sustainable economic models, which make it possible to finance and support independent and quality journalism, as well as guaranteeing correct information for citizens.
Just coordinated action at EU level and enhanced cooperation in key sectors will ensure freedom of expression at national and cross-border level, as well as freedom and pluralism of the media landscape at the service of a democratic society.
Elena Bosani
Cover image: (In) dépendance des médias. GSARA, https://gsara.tv/caricatures/image-15
Note
(2) https://eur-lex.europa.eu/legal-content/IT/TXT/?from=EN&uri=CELEX%3A52021DC0645
(3) Reporters Without Borders, Index of Press Freedom in the World 2017, Journalism weakened by democracy's erosion (Journalism weakened by the erosion of democracy), https://rsf.org/en/journalism-weakened-democracys-erosion
(4) Center for Media Pluralism and Freedom, European University Institute, "Monitoring Media Pluralism in Europe: Application of the Media Pluralism Monitor 2016 in the European Union, Montenegro and Turkey"(Monitoring of media pluralism in Europe: application of the 2016 Media Pluralism Observatory in the European Union, Montenegro and Turkey), http://cmpf.eui.eu/media-pluralism-monitor/mpm-2016-results/
(5) European Agency for Fundamental Rights (FRA), Violence, threats and pressures against journalists and other media actors in the EU (Violence, threats and pressure against journalists and other media workers in the EU), contribution to the second annual conference on fundamental rights - November 2016, http://fra.europa.eu/en/publication/2016/violence-threats-and-pressures-against-journalists-and-other-media-actors-european
(6) Marilyn Clark and Anna Grech, Journalists under pressure - Unwarranted interference, fear and self-censorship in Europe (Pressures against journalists - Undue interference, fear and self-censorship in Europe), Editions of the Council of Europe, 2017
As indicated in the Media and Audiovisual Action Plan, which can be found at: https://eur-lex.europa.eu/legalcontent/it/TXT/?uri=CELEX%3A52020DC0784
Attorney at law in Milan and Frankfurt am Main. An expert in family, juvenile and criminal law, she is now enrolled in a university master's degree in food law
