Opinion on the communication from the Commission to the Council and the European Parliament follow-up to the consultation process relating to the Green Paper on pluralism and media concentration in the internal market - An assessment of the need for Community action

(95/C 110/13)

On 6 October 1994, the Commission decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Community, on the abovementioned communication.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 4 January 1995. The Rapporteur was Mr Decaillon.

At its 323rd Plenary Session (meeting of 23 February 1995), the Economic and Social Committee adopted the following Opinion by a majority vote, with three abstentions.

1. Introduction

1.1. On 23 December 1992, the Commission published a Green Paper on pluralism and media concentration in the internal market - An assessment of the need for Community action (). The Green Paper provided an overview of the media situation in the Community and highlighted the disparities in national legislation. In view of the European Parliament's repeated calls for action to safeguard pluralism in the field of information and communications within the European Union, the initial purpose of the Green Paper was to provide the foundation for a wide-ranging consultation process. Consequently, it took the form of a questionnaire, without adopting a position and, as a result, failed to assess the need for Community action.

1.2. The new Commission communication sets out the responses to this consultation process, the Commission's own position and the options for action it has in mind. The attitude of the interested parties has changed since last year with most enterprises now favouring a revision of the existing rules on media ownership. For this reason - and pursuant to the Opinions of the European Parliament and the Economic and Social Committee () which attach great importance to the protection of pluralism - the Commission thinks that a Community initiative on media ownership could prove necessary. It is therefore considering a set of safeguards designed to prevent cases of concentration from threatening pluralism.

2. General comments

2.1. The European Commission is thus prepared for the first time to heed the doubts which have long been expressed by Parliament, the Economic and Social Committee and many professional bodies and organizations. Hitherto, corporate media groups have lobbied certain European governments with success - arguing that the forthcoming introduction of digital technology and the launch of new satellites could significantly increase the number of television channels and that these could, if necessary, be operated from abroad. In order to attract investment - and perhaps, also, favourable media comment - these governments are prepared to drop the restrictions which help to guarantee pluralism at national level.

2.2. In reply to these arguments, the Commission points out that an increase in the number of TV channels in no way diminishes the possibility of overall control by a single operator; where it has so far been possible to circumvent national restrictions by broadcasting from abroad, Community rules 'would have the effect of forcing Member States to ensure an equivalent level of protection' (Section III 3a) iii), p. 34).

2.3. Whilst these considerations have led the Commission to launch a second round of consultations embracing all the parties concerned, any action it takes should focus on: the definition of media 'controller' (which should make it possible to identify the 'owner' of a media company); the limitation of certain cases of cumulative control over various media companies simultaneously by a single person or enterprise; the use, to this end, of the criteria of the distribution area covered and the actual media audience served by a single media controller; the question of persons who are excluded from becoming a media controller; the transparency and exchange of information on media control; and the cases in which there is a change of media controller (Section III, B, 2a), p. 41).

3. Specific comments

3.1. The Economic and Social Committee welcomes the Commission's intention to take action to limit the commercial power of media companies at European level and thus to ensure a level of protection for pluralism that is the same in all the Member States and essential for the smooth functioning of the frontier-free area. It has long called for democratic control of the growing concentration of the media and would reiterate the principal demands set out in its Opinion of 22 September 1993:

- Public television and radio stations must be maintained and expanded as a source of independent information and of cultural, educational and light entertainment programmes which should be accessible to all European citizens.

- Diversity of opinion, pluralism and the provision of cultural and educational programmes for minorities, too, must be guaranteed on commercial radio and television. This must be done by laying down specific programme criteria. The aim must be to ensure that audience ratings are not the sole criterion applied and that there is no increase in screen violence and crime.

- No company must be allowed to dominate the market in several media sectors (TV, radio, the press) in one or more national markets or the same language area.

- Companies already dominating the market in one national media sector should not be allowed to gain a dominant position in another EU Member State.

- A Framework Directive should be adopted as a means of defining and safeguarding journalistic and editorial independence throughout the media - a demand also made by the European Parliament.

- Appropriate legislation must be introduced to prevent companies acquiring monopoly rights.

- Before a media company that is already active in one media sector is allowed to operate in another media sector, all its holdings and cross-ownership arrangements must be disclosed in full.

- A European Media Council or media arbitration centre composed of independent experts and representatives of relevant social and cultural interest groups should be set up. This would have the task of analysing concentration processes and advising Parliament and the Commission on all EC media questions.

- A European media code should be established. In addition to the control of media company power, this code should provide for the analysis of consumer requirements, bearing in mind, in particular, the maintenance and safeguarding of the freedom of information and opinions, the protection of minors against violent and pornographic programmes and their restriction on grounds of human - particularly female - dignity and the prohibition of the glorification of war and crime.

4. Conclusions

4.1. Given the rapid changes now affecting mass electronic communication, the Commission's regulatory powers and opportunities for intervention must be adequate to requirements. To ensure that this is so, the ESC calls for the new consultation procedure to be cut short as the need for EU media legislation can no longer be disputed. It therefore calls on the Commission to draw up a specific timetable for the swift drafting of such legislation.

Done at Brussels, 22 February 1995.

The President

of the Economic and Social Committee

Carlos FERRER

() COM(92) 480 final.

() OJ No C 304, 10. 11. 1993, p. 17.