Commission staff working document - Media pluralism in the Member States of the European Union
Date: 2007-01-16
Institutions: European Commission
Subjects: EU Member State, communications industry, communications policy, pluralism in the media













EUR-Lex - 52007SC0032 - EN






Important legal notice




|



52007SC0032

Commission staff working document - Media pluralism in the Member States of the European Union  /* SEC/2007/0032 */  








[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 16.1.2007SEC(2007) 32COMMISSION STAFF WORKING DOCUMENTMedia pluralism in the Member States of the European UnionCOMMISSION STAFF WORKING DOCUMENTMedia pluralism in the Member States of the European UnionTABLE OF CONTENTS1. Introduction 42. Media pluralism – a broad issue 52.1. Freedom of Expression and Freedom of Information 62.2. Interrelation between politics / economic interests and media 62.3. Media concentration 72.4. Cross-border concentration - global competitiveness 92.5. Media content 102.6. Internal and external pluralism 112.7. Pluralism in the broadcasting sector: dual landscape and independent regulators 122.8. Technological developments 13Digital television 13Internet and WWW 153. 3. The Way Forward 17ANNEX - Country profiles 204. Austria 205. Belgium 236. Bulgaria.......................................................................................................................267. Cyprus 298. Czech Republic 319. Denmark 3310. Estonia 3611. Finland 3812. France 4113. Germany 4314. Greece 4615. Hungary 4916. Ireland 5217. Italy 5518. Latvia 5819. Lithuania 6120. Luxembourg 6421. Malta 6722. The Netherlands 6923. Poland 7224. Portugal 7525. Romania......................................................................................................................7826. Slovakia 8027. Slovenia 8428. Spain 8729. Sweden 9030. United Kingdom 93INTRODUCTIONThe European Union is committed to protecting media pluralism as an essential pillar of the right to information and freedom of expression enshrined in Article 11 of the Charter of Fundamental Rights. Since the early nineties the discussion on media pluralism has played an important role within the European Union.Similar provisions are included in Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The Council of Europe has been very active in the field of media concentration/media pluralism. It is the main organisation at pan-European level dealing with the human and democratic dimension of communication. A series of recommendations, guidance documents and codes of conduct have been developed[1]. The Council of Europe plays a central role in strengthening the common values and principles, in particular by setting common pan-European minimum standards in this area.The European Parliament has continued to show concern, both in the previous legislature and in the current one and asked for European actions, inviting the Commission to propose concrete measures[2].The European Commission published different documents in order to launch a debate on the need for Community action in this field[3]. The various consultations led to the conclusion that at present it would not be appropriate to submit a Community initiative on pluralism. At the same time, the Commission underlined that it would continue to closely monitor the situation.This Staff Working Paper analyses the issue of media pluralism in more depth and indicates the next steps that could be taken.MEDIA PLURALISM – A BROAD ISSUEMedia pluralism is a concept that embraces a number of aspects, such as diversity of ownership, variety in the sources of information and in the range of contents available in the different Member States. For many analysts or observers, media pluralism has come to mean, almost exclusively, plurality of ownership. Concentration of ownership, it is feared, may result in a skewed public discourse where certain viewpoints are excluded or under-represented. Further, because some viewpoints are represented while others are marginalized, abuse of political power can occur through the lobbying of powerful interest groups - whether these are political, commercial or other.Although pluralism of ownership is important, it is a necessary but not sufficient condition for ensuring media pluralism. Media ownership rules need to be complemented by other provisions. Different instruments on different levels have already been analysed in the issues paper on media pluralism prepared for the 2005 Liverpool audiovisual conference[4].Ensuring Media pluralism, in our understanding, implies all measures that ensure citizens' access to a variety of information sources, opinion, voices etc. in order to form their opinion without the undue influence of one dominant opinion forming power.Obviously, the discussion on media pluralism must also reflect the reality of the market and the structure of the media. During the past few years this discussion was mainly based on the fact that print, television, radio and the upcoming new markets were separate. But today the media world faces radical changes and restructuring as a function of new technologies. Technical developments offer new opportunities for all market players and for citizens and consumers. In our view, the restructuring of the market in the light of new technology and convergence should not be taken as a threat to media pluralism as such. The underlying principle of media pluralism should be technologically neutral, but it should be applied in a proportionate manner to reflect the emergent nature of new media. Pluralism rules should not seek to enshrine the legacy structure of the media, but rather permit new structures to emerge. The development of strong European players in the global media landscape helps preserve media pluralism.Asserting the important fundamental right of freedom of expression through media pluralism rules in new media will therefore require public authorities to act in the full knowledge of new technologies and business models. Just as radio and the television did not destroy the press, it is frequently said that new technology-based media do not destroy old media, rather they continue to exist in parallel, while permitting new entrants into the sector. It would also be true to say that new media redefine the role of old media, often snipping off certain activities that they are better able to perform than traditional media.Freedom of Expression and Freedom of InformationFreedom of expression is legally protected in each of the EU Member States. Freedom of information is part of the legal and democratic framework in all Member States; in some cases the impetus for its development stems from the European Convention on Human Rights and fundamental freedoms. These general provisions are completed by freedom of press and freedom of media rules, normally through Constitution articles or Parliamentary Acts. Their practical implementation includes on the one hand either voluntary or statutory rules for publishers that ensure the independence of journalistic output (codes on editorial independence, confidentiality of sources, privacy rules, defamation legislation etc); and on the other hand codes for journalists relating to standards of accuracy, fairness, honesty, respect for privacy and to ensure high professional standards, by avoiding plagiarism, defamation or the acceptance of bribes. Several companies have voluntarily introduced internal rules to protect their editorial staff from outside pressure and to separate managerial and editorial responsibilities[5]. However, implementation practices and monitoring may strongly vary from one Member State to another. The European Institute for the Media identified some specific restrictions on internal editorial freedom laid down in the press law of at least one Member State, where the law stipulates that a journalist must obey and follow the general principles of his/her publisher[6].In any case even if there are legislative as well as co- and self regulatory systems in place, the actual practice of media freedom and the levels of professional ethics can only be judged by the reality of every day working experience.Interrelation between politics / economic interests and mediaAnother important issue is the interrelation between politics, business and media. Given the important role that the media play in disseminating information about the economy and political actors and their activities, there is no European Member State where political and / or economic actors do not try to influence media coverage according to their own interest. Various instruments can be used: for example, in some countries political parties and organisations are allowed to hold broadcasting licences or run newspapers. In other Member States, this is clearly prohibited (see country analysis).Advertising revenues remain among the main sources of financing for media and cannot be replaced easily. This situation can lead to pressures and unwanted predominance of advertisers on editorial choices.Access to information on state activities, notably by journalists, is also part of the picture. The freedom to receive and impart information and ideas without interference by public authorities is legally implemented in national law. In practice some media may enjoy privileged access to information on state activities[7].An additional point is the status of the public service broadcaster which faces a range of challenges, including questions of editorial independence, of recruitment of staff and of funding. The Open Society Institute (OSI) report pointed out that public service broadcasting in a number of Member States that joined the EU in 2004 faces political pressures and interference, coming from a heritage of state broadcasting.Media concentrationIn the last ten years, media concentration has been an important issue in all parts of Europe. A major concern is the possible domination of a number of markets by national and international companies. In this respect, the question of audience and readers plays an important role. A few companies may control the majority of TV channels and newspapers, potentially leading to an enormous opinion-forming power in that market.The application of European competition law plays an important role not only in respect of preventing the creation or the abuse of dominant positions, but also with regard to ensuring market access for new entrants. Application of the Merger Regulation prevents concentrations from significantly impeding effective competition in the Internal Market, especially through the creation or strengthening of dominant positions. Application of the anti-trust rules prevents foreclosure of competitors from those markets and contributes to ensuring access to content and platforms for operators.As already pointed out in the issues paper on media pluralism[8], European competition law cannot replace - nor does it intend to do so - national media concentration controls and measures to ensure media pluralism. Article 21(4) of the Merger Regulation allows Member States to apply additional controls in order to protect pluralism in the media.Control mechanisms for media concentration vary widely between countries. In certain countries, competition rules include media-specific regulation. A variety of measures are used to assess a company’s influence on the market and to limit the influence of companies, circulation and audience share, number of licences, capital shares, voting shares, advertising revenues, involvement in a certain number of media sectors[9]. (See country reports)While competition policy is one central aspect of pluralism, it is difficult to pin down how much size matters or which way competition policy is good or bad for pluralism: a number of studies[10] already signal that even if media concentration is limited, this does not necessarily mean that media pluralism is ensured. And the mere fact that concentration takes place does not automatically indicate that there is a loss or a lack of media pluralism. Several aspects have to be taken into account.Furthermore, the question of concentration has always to be considered in the light of the size of a particular geographic or linguistic market. In smaller markets it is economically impossible for the advertising spend to sustain more than a few broadcasters. The size of the TV advertising market in 2004 in Finland, for example, was 230 million €, in Hungary 242 million € and in the Czech Republic 246 million € compared with a market size in Germany of 4235 million €, United Kingdom 5537 million € or Italy 4124 million €[11].A comparable picture holds for newspaper advertising markets. Finland: 444 million €, Czech Republic 82 million €, Hungary 103 million € compared with big markets such as Germany 5406 million € or the United Kingdom 3453 million €[12].Hence, in smaller countries, external media pluralism - having many competing and diverse channels or titles controlled by many different players – can be more difficult to reach and one should more look at internal pluralism. Internal pluralism means either an obligation with respect to programme requirements or structural obligations such as the composition of management bodies or bodies responsible for programme/content selection (see chapter on internal and external pluralism).The fact that only a few players are present in a small market may not in itself threaten media pluralism as long as companies respect internal codes that promote diversity of opinion. Subject to this safeguard, consolidation can play a positive role in these markets: by acquiring, investing and developing an effective regional and local newspaper industry, these players ensure the sustainability of this sector which is then able to offset concentration of national daily newspapers[13].Cross-border concentration - global competitivenessTraditionally, Europe’s media companies focused their activities on their national markets. However, in the last 10-15 years a number of media companies have grown significant business outside their primary markets. At the same time a process of cross-border media concentration has appeared. It has given rise to concerns that it will damage the freedom of expression and information in Europe that are vital both from a democratic and a cultural perspective. Cross-border media concentrations include several phenomena such as media conglomerates distributing their products in many countries[14], including broadcasts, companies operating directly or indirectly in the media market of more than one country and legal entities owning media companies in several countries.The issue of cross border ownership has two dimensions: an international dimension and an intercommunity dimension[15].The first is related to the increasing influence of especially non-European investors in Europe: News Corp, Rupert Murdoch’s press and pay-television empire; US media magnate Haim Saban purchasing the financially troubled German Kirch group’s television channels in summer 2003; the SBS broadcasting group, based in Luxemburg but US owned, controlling several channels in Northern Europe and expanding into South-Eastern Europe. European ownership rules are directly affected by this international dimension: too restrictive ownership rules in Europe might hinder European companies from competing globally and increase the influence of non-European media owners. The ranking by audiovisual turnover of the 10 leading media groups worldwide (2004) already gives clear indications of the trends: (1) Walt Disney, (2) Viacom, (3) Time Warner, (4) Sony, (5) News Corp., (6) NBC/NBC Universal, (7) Vivendi Universal, (8) The Direct TV Group Inc, (9) Bertelsmann, (10) Liberty Media Group[16]. The recently-adopted UNESCO convention on cultural diversity recognises the legitimacy of upholding and developing public policy aiming at ensuring media pluralism (Convention on the Protection and Promotion of the Diversity of Cultural Expressions, Paris 20 October 2005).As regards the intercommunity dimension, west European companies have significantly invested in the countries that joined the Union in 2004 and 2006. The Springer and Ringier groups, from Germany and Switzerland respectively, have launched several high-circulation publications in the countries of Central and Eastern Europe; WAZ has gained a significant position in the Central and Eastern European press markets, dominant in some of them. For instance in the case of the Czech Republic, German and Swiss companies own 80 percent of Czech newspapers and magazines. Foreign capital – mostly German, Austrian, French and Scandinavian – also dominates print media in Bulgaria, Hungary, Poland and the Baltic states[17]. In the audiovisual field the most successful commercial broadcasters in Hungary are TV2 and RTL Klub. RTL Klub is 49% owned by Bertelsmann whereas the main shareholder in TV2 is SBS Broadcasting, a US-owned Luxembourg based company. The third commercial channel is Viasat 3, which is operated by the Modern Times Group[18].A recent Council of Europe report lists a number of concerns[19]: large, foreign undertakings may use their market power to the detriment of small, national publishers and broadcasters; the weakening of public service broadcasters, the particular situation in central and Eastern Europe as well as an increasingly commercial approach to programmes. In addition, the report argues that national media regulations become harder to apply and national competition remedies become more difficult to enforce against foreign undertakings. Some Member States have supplementary rules concerning foreign investors (see country profiles). In our opinion, the fact that non-domestic owners are important players in some markets does not necessarily pose a threat to media pluralism. It depends very much on the legal safeguards in place and real editorial independence from the owner. Concerns about non-domestic ownership suggest that these investors should voluntarily apply a high duty of care in respect of transparency and editorial independence. Media companies also have access to toolboxes that could help them achieve these objectives on a voluntary basis[20]. The concern that a non-domestic company might use its market power against smaller national competitors would apply even to any large, well-resourced domestic company entering the media sector. The challenge is to manage market power including its cross-border manifestations, rather than rejecting non-domestic investment out of hand. Indeed, the investment of these publishers may help to protect the future of certain titles or channels, thanks to additional resources and management expertise.Media contentDiversity of ownership of media outlets is not sufficient per se to ensure media pluralism of media content. The way media content is produced also has an impact on the overall level of plurality in the media.Readers who consult several newspapers sometimes find they contain the same articles, usually preceded by the initials of a press agency. Television viewers who switch from one channel to another often see the same news reports, documentaries or dramas. The reason for this uniformity is that the newsrooms of media companies do not themselves produce all their articles or programmes. They use outside agencies that supply information, photos, newsreel, broadcasts, documentaries, series and films. News agencies play an important role especially for broadcasters in smaller countries, unable to afford a full network of foreign affairs correspondents. Provision of such raw inputs need not necessarily affect the quality of editorial comment. But concerns have also been expressed about pluralism, as newspapers reduce their foreign staff and depend more on news agencies. The intense competition between newspapers or television channels may not itself guarantee pluralistic content. This raises the concern of whether, and if so to what extent, inadequate competition among information sources can have a negative effect on the functioning of democratic society, owing to a pluralism deficit[21].In order to safeguard the fundamental freedom to receive information and to ensure the interest of the viewer to have access to information, the proposal for an audiovisual media services Directive includes the right to use short extracts from the TV coverage of major events[22].Strong ownership could strengthen the position of media companies vis-à-vis other actors in the value-chain such as printers. In those countries where newspapers or channels are owned by large media groups, smaller newspapers or channels can benefit from a strong owner who, apart from the economies of scale aspect, holds sufficient command in the industry production line to be able to negotiate effectively with strong news agencies, newsprint producers, right holders, global advertising agencies etc. Ways to ensure editorial independence in such cases nevertheless need to be analysed.In this respect the Television without Frontiers Directive in general and articles 4, 5 and 6 in particular play an important role. The aim of these articles is to facilitate the circulation of audiovisual works from other countries and to support independent producers. A study[23] showed that these measures have had a considerable positive impact: Europeans works for example made by independent producers are 1/3 of transmission time or roughly 50% of all European works. This is an important contribution to media pluralism. The proposal for a new Audiovisual Media Services Directive, modernising the existing Television without Frontiers Directive, includes a provision for all audiovisual media services with respect to the promotion and access to European works.Internal and external pluralismMedia pluralism analysis is very often limited to the aspect of external pluralism and to aspects related to media ownership rules. External pluralism has to be seen together with internal pluralism. The latter can be essential for smaller markets.In the audiovisual field, a regulated market, internal pluralism, diversity of output and/or content can be stimulated and monitored by imposing programme requirements and obligations in the law or licence. In addition internal pluralism could also be reached by imposing structural obligations such as the composition of management bodies or bodies responsible for the programme/content selection.There is a fundamental distinction between licensed media like broadcasting, and print publishing. For print publishing, internal pluralism can possibly be better ensured through voluntary self- and co-regulation (codes on editorial independence, confidentiality of sources, privacy rules, defamation legislation etc) and journalists’ codes setting standards for accuracy, fairness, honesty, respect of privacy and promoting high standards of professionalism by prohibiting plagiarism, defamation or the acceptance of bribes. Nevertheless, these voluntary or co-regulatory approaches need to contain real monitoring mechanisms and ensure transparent implementation. The nature of the content and the quality of the news that a title offers as a reflection of internal pluralism could only be evaluated with some form of comparative content analysis. On the other hand one has to say that the commercial success of titles often depends on the confidence readers have in this publication. Therefore there is some form of ‘natural’ incentive for publishers to offer pluralistic and viable content.Pluralism in the broadcasting sector: dual landscape and independent regulatorsBroadcasting in Europe has since its beginning undergone an exceptional development: from single, national radio channels with only a few hours of daily broadcasting to the multi-channel systems of today, where radio and television is broadcast 24 hours a day to listeners and viewers all over the continent; from broadcasting as a public monopoly to the present “dual system”, where public broadcasters live side by side and compete with a still growing numbers of private, commercial media corporations.Both public service broadcasters[24] and commercial broadcasters contribute to media pluralism and this dualism itself further strengthens pluralism. High quality information is an important remit of public service broadcasters and fulfilment of this remit makes an important contribution to media pluralism. A functioning dual system also means that it must be balanced.Even if the broadcasting regulation is in place, the implementation of legislation while ensuring media pluralism is crucial. The regulatory authorities play a central role in this respect. In general, regulatory authorities have the power to grant broadcasting licences, enabling the free movement of media services. They must supervise audiovisual programmes’ compliance with European and national rules. Central to this is the protection of minors, human dignity, non-discrimination and the enforcement of advertising rules. Independent regulators also develop and establish the rules themselves (e.g. codes of practice in the field of advertising). National regulatory authorities exercising these powers impartially and transparently are crucial in order to ensure media pluralism[25].The importance of the independent regulatory authorities has been underlined in the Council of Europe Recommendation No. R (2000) 23, on the independence and functions of regulatory authorities for the broadcasting sector[26].The proposal for a new Audiovisual Media Services Directive[27] includes the obligation for Member State to guarantee the independence of national regulatory authorities. They should be independent from both, national governments and audiovisual media service providers.It should be said that national regulatory authorities do not necessarily have a mandate or possibilities to monitor the respect of media pluralism using the broader set of criteria described in this working document.Technological developmentsDigital televisionThe dawn of the digital TV era in the mid-1990s saw widespread concerns regarding the potential impact of “gatekeepers” on media pluralism. Free-to-air broadcasters were concerned that network and platform operators who controlled conditional access, electronic programme guides and other associated facilities would bar them from participating on equitable terms in digital television (DTV). There were fears that control of these facilities would be detrimental to pluralism. The Council of Europe commissioned a report[28] in order to investigate these issues and subsequently issued a second, updated Recommendation on media pluralism[29]. This signalled to public authorities the need for vigilance in relation to associated facilities and is now in the process of being updated.However, the worst fears of certain commentators have not been realised so far. An important succession of competition law cases has prevented market foreclosure[30]. Starting with the TV Standards Directive[31], ex ante access regulation has also developed as a means to control the market power of DTV network and platform operators arising from control of conditional access and other facilities. The Electronic Communications Directives[32] provide National Regulatory Authorities with a comprehensive set of tools for regulating the market power that could threaten pluralism. Nevertheless, new concerns appear regarding the emerging role of network operators as “gatekeepers” for all – “quadruple play” - communication services, including many media services that are being subscribed by millions of households in Europe[33].A supplementary instrument to promote media pluralism in the European regulatory framework for electronic communications is the possibility to impose must-carry obligations on network operators. Art. 31 of the Universal Service and Users’ Rights Directive enables Member States to impose reasonable must-carry obligations, for the transmission of specified television broadcast channels and services. Such obligations must be necessary to meet clearly defined general interest objectives and must be proportionate and transparent. It is possible to apply “must carry” obligations to the transmission capacity of any network, where a significant number of end-users of those networks use them as their principal means to receive television broadcasts. There are also forms of must-carry on content bouquets. Issues relating to must-carry within the Electronic Communications Framework are the subject of consultations in the forthcoming review of that framework.Interoperability is an area where some Parliamentarians and market players expressed concern over a possible threat to media pluralism arising from use of proprietary Application Programme Interfaces (API) for delivery of interactive television services. Article 18 of the Framework Directive for electronic communications networks and services[34] encapsulated this concern, requiring market players to use an open API and triggering a review in order to assess interoperability and freedom of choice for users[35].More generally, the possibility to have many more channels in digital has stimulated new entrants as well as leading existing players to launch new channels. Scepticism has been expressed that more channels means greater pluralism[36]; but it is also true that the prospect for greater diversity is much improved, compared with a typical analogue scenario of 4-5 terrestrial TV channels[37].Some commentators have regretted that the increase in channels has led to greater reliance on cheaper forms of programming and attributed this to a problem of media pluralism. The real reason is economic: programming budgets have not increased in line with transmission capacity. The increased number of channels does not necessarily mean increased media pluralism. Many are either the result of thematic diversification of bigger channels or of large media companies. Many are held by incumbent broadcasters and a very large majority (around 80 %) have a micro audience and therefore small means. The number of news channels remains also quite limited (less than 10 % of the total).A recent study undertaken for the Commission underlines the paradox that high market share - concentration - may be helpful for funding certain types of programming considered important for pluralism, notably expensive drama series or investigative journalism[38]. This again illustrates the balance that needs to be struck between critical economic mass and plurality of supply – and the need for new business models to secure a continuing supply of the high-quality programming that European audiences seek[39].Internet and WWWInternet - and more specifically the web - is becoming a major battleground for all media, as the internet embodies the convergence process. Specifically, this means that licensed media and unlicensed media will compete on the web using a mixture of text, graphics, photographs and video[40]. In addition individual citizens can make and distribute their own content – including video - without the high entry costs and entry barriers inherent in broadcast or traditional print media[41].Interaction is the major new feature that internet brings to traditional one-way media, such as television or the printed press. All internet media involve two-way communications. This makes it very easy to create communities sharing the same interest. Internet media poses a challenge to traditional print and TV media, accustomed to “one way” traffic and limited interaction through “Letters to the Editor”. This is likely to alter the significance of the traditional right of reply in the longer term.The key question will be how to measure pluralism in the on-line context. It may be much more self-sustaining than in the analogue, material world if online media consumers are indeed much less passive than the traditional newspaper or broadcast consumer[42]. For example, they are likely to be members of several communities run by major media players, but also of other communities that have no connection with commercial media. Hence, even if it is still too early to draw any conclusions in relation to media concentration and media pluralism, one can already argue that, theoretically, internet media seem promising for pluralism.But concerns have been expressed on several fronts already. One relates to the quality of information available on the web. To those used to the interlocking obligations imposed by the traditional deontology of rights and obligations applied to the written press especially, the fact that anyone can publish on the internet may raise difficulties. Clearly, established media companies enjoy the trust of their readers or audiences and start with an advantage in this respect and have a strong incentive to maintain that trust. Media literacy initiatives addressing the on-line environment will no doubt include trust issues, whether at national or European level[43].The rise of search engines has also triggered concerns among observers that search engines might constitute a gateway and be detrimental to pluralism, notably by manipulating the search criteria and steering people towards advertisers’ sites. On the other hand, there are commercial incentives for offering an objective search facility. The business model for search engines is based on the provision of clearly separated advertising links, derived from contextual analysis of a particular search[44]. As with all internet media, there are no fundamental technical limitations on the number of search engines that the Internet could support and there will be new search algorithms in future, able to search multimedia content, a topic supported by EU Research projects. Through sophisticated indexing, cataloguing and filtering algorithms, these enable users to access wider news content than they would otherwise have access to.The Way ForwardEven if a number of studies are already available that analyse legal instruments and some aspects of ‘real’ media pluralism[45] none of these studies identify systematically the range of concrete indicators necessary to measure media pluralism in the Member States. The Commission services will therefore procure an independent study in order to define indicators for assessing pluralism.The identification of concrete indicators marks a new approach and will enable citizens and all interested parties to assess more objectively media pluralism in the Member States. A successful study will help to introduce a greater measure of clarity into a debate on a very complex and multifaceted issue.Taken together, the indicators should be placed in a risk-based analytical framework[46] for assessing pluralism across the Member States. The study will not seek to apply the indicators systematically to every Member State, thereby generating a risk assessment profile for every Member State; it will rather seek to develop a methodology based on indicators that would deliver such a result. A successful study along these lines will help to introduce a greater measure of clarity. The study will include the development of indicators under the following headings.(1) Policies and legal instruments that support pluralism in Member StatesThe scope of these indicators will be wider than ownership, aiming to assess various policies that support media pluralism, for instance independence of the public service and private broadcaster, and others identified in the European Parliament’s Resolution cited earlier. The study will assess not just the presence of measures to support pluralism, but propose ways to assess quality of implementation and the transparency of monitoring measures.(2) The range of media available to citizens in different Member StatesThese indicators will assess pluralism from an end user perspective. They will serve to define different types of media markets, notably from a geographic perspective (urban, rural etc). This part will also feature an assessment of the pluralism of the media offer available to different social groups within the Member States together with some consideration of the impact of new technologies on the structure of the media. The output will be used to develop a series of representative profiles that are drawn from the wide variety of circumstances to be found in Member States’ markets.(3) Supply side indicators on the economics of the mediaThese indicators would enable the Commission services to assess the range and diversity of media available across Member States.Indicators could include for instance the number of media companies in a particular Member State - or within a linguistic region within a Member State - the number of newspapers and magazines per head of population, for instance and their genres (news, generalist, thematic…). This part should also develop an economic analysis of how new technology is changing the structure of media industries compared with 20 years ago. It should outline the economic incentives for horizontal and vertical media concentration at company level - drawing on economic theory as necessary and analysing how different policy lines covered in (1) affect the economics of the media.The opportunity to implement these indicators could be envisaged at the appropriate point in the monitoring process, for example through a further study. Any follow-up would notably have to take into account technical feedback received from Member States and civil society.The European institutions and all interested parties such as NGOs will then be well-placed to engage in dialogues with Member States on further competence-building and other remedies as appropriate.Timetable:January 2007 | The Commission takes note of the Commission Staff Working Paper on media pluralism in the Member States of the European Union |2007 | Comprehensive study on media pluralism in the Member States of the European Union – Identification of indicators |2008 | Communication presenting the outcome of the study: indicators on how to measure media pluralism and recommending their use by stake-holders. This will furthermore enable European Institutions and NGOs, in the framework of their respective competences, and citizens, to engage in dialogues with Member States on further competence-building and other remedies as appropriate. As a possible follow-up, an evaluation applying the indicators to all European Member States could be envisaged, in order to assess how far media pluralism has been achieved. |This Commission Staff Working Paper contains factual analysis and does not commit the Commission to any policy position.ANNEX - COUNTRY PROFILESThe information included in the annex is based mainly on 2005 publications of the European Audiovisual Observatory, of the World Association of Newspaper, of the Council of Europe and on a number of published studies as well as private, unpublished research on this issue.AUSTRIALegal BaseKartellgesetz - KartG Bundesgesetz vom 19.10.1988 über Kartelle und andere Wettbewerbsbeschränkungen (Kartellgesetz 1988 - KartG 1988) BGBl 600/1988 i.d.F. BGBl 520/1995, BGBl I 143/1998 und BGBl I 126/1999 (Kartellgesetz-Novelle 1999)Privatfernsehgesetz vom 31. Juli 2001Regulation of Media OwnershipOwnership Restrictions Television | One entity may not own more than one TV or radio licence in any service area. Media conglomerates (= companies who hold shares of more than 25% in each other) may not own more than one analogue or digital TV licence |Ownership restrictions Print | No specific restrictions – Cartel Act |Cross ownership restrictions | “Coverage Rule”: TV-licence refused if the owner has more than 30% coverage via radio, daily or weekly press or more than 30% of cable infrastructure. Same applies on regional level. |Foreign ownership restrictions Print and TV | 49% limit of ownership share for non EEA members |Restrictions for political parties and organisations | Political parties and organisations are not allowed to hold a TV or radio licence. |Market Situation – AudiovisualPublic service broadcaster: Österreichischer Rundfunk (ORF); channels: ORF1 and ORF2Commercial Companies: ATV Privat TV Services AG; channel: ATV+Remarkable is the market share of foreign programmes RTL, Pro-7, ARD, ZDF, Kabel 1, VOX which accounts in 2004 28 % of the daily audience share.TV audience share 2004 – Daily share (%)Kronen Zeitung | KRONE-Verlag | 1,009 | 2,967 | 0,90 |Kleine Zeitung | Kleine Zeitung | 292 | 831 | 0.90 |Kurier | Kurier Zeitungsverlag und Druckerei | 254 | 700 | 0.90-1.00 |OÖ Nachrichten | Wimmer Medien | 129 | 371 | 0.90-1.30 |Tiroler Tageszeitung | Schlüsselverlag J. S. Moser | 121 | 343 | 0.90-1.20 |Die Presse | Die Presse Verlags-gesellschaft | 115 | 299 | 1.20-1.30 |Der Standard | Standard Verlags-gesellschaft | 106 | 366 | 1.20 |Salzburger Nachrichten | Salzburger Nachrichten Verlagsgesellschaft | 96 | 268 | 0.90-1.20 |Vorarlberger Nachrichten | Eugen Russ Vorarlberger Zeitungsverlag und Druckerei Gesellschaft | 72 | 207 | 0.90-1.30 |Wirtschafts Blatt | WirtschaftsBlatt Verlag | 53 | 65 | 1.50 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004) (Ranked by total printed circulation)Krone Verlag |Kleine Zeitung |Kurier Zeitungsverlag und Druckerei |Schlüssel Verlag J. S. Moser |Wimmer Medien |Die Presse Verlagsgesellschaft |Standard Verlagsgesellschaft |Salzburger Nachrichten Verlagsgesellschaft |Eugen Russ Vorarlberger Zeitungsverlag und Druckerei Gesellschaft |WirtschaftsBlatt Verlag |Source: World Association of Newspaper, Word Press Trends 2005News Agencies:Austria Presse Agentur (APA)BELGIUMLegal BaseDécrets relatifs à la radiodiffusion et à la télévision, coordonnés le 4 mars 2005Decreten betreffende de radio-omroep en de televisie,Regulation on Media OwnershipOwnership Restrictions Television | Francophone community: Significant position: more than 24 % of capital of a two television broadcaster or more than 20% of the total audience of TV broadcasters in the Francophone community Flemish community: Nobody is allowed to own more than one community, regional or local station |Ownership restrictions Print | No specific restrictions – general law regulation competition |Cross ownership restrictions | Francophone community: Broadcaster, cable companies and net operators have to declare their structures of ownership and control rights and their degree of independence. |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | Flemish Community: Political parties and organisations are excluded from providing broadcasting services Francophone Community: “Editeur de service” has to be independent form a political party. |Market Situation - AudiovisualPublic service broadcasters, one for each community:Vlaamse Radio-en televisieomroep (VRT), channels: TV1, Canvas/Ketnet - Flemish community:Radio-Télévision Belge Francophone (RTBF), channels RTBF 1 and RTBF 2 - French CommunityBelgischer Rundfunk und Fernsehen (BRF) - German language communityMain commercial companies French Community (2004): TVI; channels: RTL-TVI, Club RTL; Youth channel Television; channels: AB 3, AB 4.Main commercial companies Flemish Community (2004): VTM, channel: VTM Kanaal 2; SBS Belgium (since 2002 Belgium licence holder, previously operated by UK company VT-4-Ltd), channel: VT 4.Remarkable is the market share of 30% of French channels in the French Community and Brussels. In contrast, broadcasters based in the Netherlands are less important for the Flemish community.TV audience market share 2004 – French community Daily share (%)28.2 | 9.4 | 22.9 | 5.2 | 6.7 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation – PrintTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price Euro |Het Laatste Nieuws/ De Nieuwe Gazet | Aurex | 292 | 1.064 | 0.90-1.00 |Het Nieuwsblad/De Gentenaar | V.U.M. | 216 | 750 | 0.90-1.00 |La Meuse/La Capitale/ La Nouvelle Gazzette/La Province/ Nord Eclair | Sud Presse | 133 | 583 | 0.90 |Gazet Van Antwerpen | De Vlijt | 117 | 432 | 0.90-1.00 |Het Belang Van Limburg | Concentra | 102 | 368 | 0.90-1.00 |Groupe Vers l’Avenir | Editions de l’Avenir | 102 | 412 | 0.90 |Le Soir | Rossel | 101 | 456 | 0.90 |La Dernière Heure/Les Sports | C.N.C. | 87 | 354 | 0.90-1.00 |Het Volk | V.U.M. | 83 | 326 | 0.90 |De Standaard | V.U.M. | 81 | 298 | 1.00-1.50 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)V.U.M. |Aurex |Sud Presse |De Vlijt |Concentra |Editions de l’Avenir |Rossel & Cie |Cie Nouvelle de Communication |Uigeverij de Morgen |IPM |Source: World Association of Newspaper, Word Press Trends 2005News Agencies:Agence ImpeccBELGABureau d'Informations EuropéenneD.S. Info AgencyE.I.S. Europolitiques et European ReportEUROMEDIA SERVICESINFO TÜRKINTER PRESS SERVICEWAY PRESS INTERNATIONALBULGARIALegal BaseLaw on Radio and Television – adopted in 1998Law on the Protection of Competition and Related Rights, prom. SG No. 52/1998; asamended by SG No. 9/2003 and on 25.04.2006.Regulation of Media OwnershipOwnership Restrictions Television | Restrictions on the simultaneous possession of both a national and a regional (local) programming licence for the same kind of activity. Restrictions prevent advertising companies, or companies dealing with advertising, from owning TV channels. General competition law |Ownership restrictions Print | No specific restrictions – common restrictions in the Protection of Competition Act for companies, including media groups. |Cross ownership restrictions | No restrictions |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | The political Parties do not have the right to undertake commercial activities or to own commercial companies. (Political Parties Law – in force from 01.04.2005) |Market Situation – AudiovisualPublic broadcaster: BNT (Kanal 1)Main national commercial operator: Bolkan Nyuz Korporeushan EAD (bTV), owned by News CorporationAudience share main channels 2005 - daily share(%):bTV | Kanal 1 | Nova TV | Planeta | Diema+ | Evrokom |31.8 | 24 | 17.9 | 2.3 | 2 | 1.3 |Source: European Audiovisual Observatory, Yearbook 2006Market Situation – PrintTop Nine Daily Newspapers (2004)Title | Publisher | Circulation (000) | Cover price (Lev) |Dneven Trud | Media Holding | 145 | 0.70 |24 Chasa | 168 Chasa Ltd. | 106 | 0.70 |Standart | Standart News | 48 | 0.50 |Maritsa | Maritsa | 27 | 0.50 |Noshten Trud | Media Holding | 26 | 0.50 |Novinar | Novinar | 25 | 0.50 |Sega | Sega AD | 15 | 0.70 |Dnevnik | Economedia | 14 | 0.70 |Duma | PM Press | 11 | 0.50 |Source: World Association of Newspaper, Word Press Trends 2006Top Ten publishing companies (2003)Media Holding |168 Hours |Media magazine publishing house |Agency for Investment information (since 2005 part of Economedia) |Standart news |Press Group Monitor |Sega |7 days sport |Novinar |Printing Compex Pari |Source: World Association of Newspaper, Word Press Trends 2006News Agencies:BTA - Bulgarskata Telegrafna Agentsiya БТА - Българската Телеграфна АгенцияCYPRUSLegal BaseThe Radio and Television Stations Laws of 1998 to 2001 (Law consolidating and revising the laws regulating the establishment, installation and operation of radio and television stations)Regulation of Media OwnershipOwnership Restrictions Television | Owners of regional and national Television are allowed to hold only one licence |Ownership restrictions Print | No restrictions |Cross ownership restrictions | No licence for TV if applicant controls any more than 5% shares in a publishing house, newspaper or periodical or a more than 5% in a TV station with national coverage |Foreign ownership restrictions Print and TV | 5% limit for non-EU |Restrictions for political parties and organisations | No specific provisions; political parties are considered as legal persons and follow relevant provision in existing law. |Market Situation – AudiovisualPublic service broadcaster: Cyprus Broadcasting Corporation (CyBC), channels: CyBC1 (RIK1) and CyBC2 (RIK 2)Main commercial companies: Sigma TV, channel: Sigma TV,Other commercial channels: Antenna TV, MEGAERT is the Greek public service broadcaster.TV audience share 2004 – Daily share (%)RIK1 | RIK 2 | SIGMA | ANT1 | ERT | MEGA |12.5 | 6.9 | 25.4 | 20.3 | 3.7 | 15.9 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation – PrintTop Eight Daily Newspapers (2004)Title | Publisher | Circulation (000) | Cover price C£ |Phileleftheros (Liberal) | Phileleftheros Ltd. | 25.0 | 0.40 |Simerini (Today) | Dias Publishing House Ltd. | 6.5 | 0.40 |Alithia (Truth) | Alithia Ltd. | 5.0 | 0.40 |Haravgi (Dawn) | Telegraphos Ltd. | 4.5 | 0.40 |Politis (Citizen) | Arktinos Ltd. | 4.5 | 0.40 |Apogeymatini | Evga Ltd. | 4.0 | 0.40 |Cyprus Mail | Cyprus Mail Ltd. | 3.6 | 0.40 |Machi (Battle) | Atrotos Ltd. | 1.2 | 0.40 |Source: World Association of Newspaper, Word Press Trends 2005 News Agencies:CYPRUS NEWS AGENCYEuro-Mediterranean NetworksCZECH REPUBLICLegal BaseBroadcasting Act 2001/ Act on radio and television broadcasting operation and on changes of other acts No. 231/2001Law on Political Parties and Movements No. 424/1991Regulation of Media OwnershipOwnership Restrictions Television | Nation-wide broadcasting, only one licence Nation-wide television broadcasters may not have any ownership interest in other nation-wide television broadcaster Local level: audience reach limit of 70% of the population |Ownership restrictions Print | No restrictions |Cross ownership restrictions | No nation-wide broadcaster may consolidate with any other nation-wide television broadcaster in any other manner than in Article 58 (1) (consolidation between radio and television broadcaster) |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | No specific regulation for political parties or organisations in the broadcasting law. However political parties and movements are enabled to run or participate in a company which deals exclusively with radio and television broadcast and publishing activities. |Market Situation – AudiovisualPublic service broadcaster: Ceska Televizie (CT), channels: CT 1 and CT 2Main commercial companies: CET 21, channel: Nova TV; FTV Prima S.r.o., channel: Prima TVTV audience share 2004 – Daily share (%)Nova TV | CT 1 | CT 2 | Prima | Others |42.2 | 21.5 | 9.0 | 21.1 | 6.1 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PrintTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price K |Blesk | Ringier CR | 514 | 1,537 | 7.00-11.00 |MF Dnes | MAFRA | 308 | 1,169 | 9.50-13.50 |Pravo | Borgis | 181 | 603 | 9.50-13.00 |Deniky Moravia | Vltava Labe Press | 156 | 486 | 8.00-11.00 |Lidove noviny | Lidove noviny | 72 | 279 | 9.50-14.50 |Sport | Ringier CR | 70 | 265 | 9.50-13.00 |Hospodarske noviny | Economia | 67 | 176 | 12.00-16.00 |Stredoceske deniky Bohemia | Vltava Labe Press | 67 | 140 | 8.50 |Zapadoceske deniky Bohemia | Vltava Labe Press | 59 | 156 | 8.50-11.00 |Vychodoceske deniky Bohemia | Vltava Labe Press | 56 | 211 | 8.50-11.00 |Source: World Association of Newspaper, Word Press Trends 2005Top publishing companies (2004)Total Circulation |Ringier CR | 584,069 |Vltava Labe Press | 429,250 |MAFRA | 308,486 |Borgis | 180,537 |Lidove noviny | 72,272 |Economia | 66,764 |Futura | 20,000 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:Agence de presse Tcheque (CTK)DENMARKLegal BaseThe Danish Radio and Television Broadcasting Act - ACT No. 1052 of 17 December 2002Regulation of Media OwnershipOwnership Restrictions Television | No limitations for broadcasting are laid down in the media law Normal competition rules applies Within the local sector, various restrictions have been introduced to safeguarded the local character of the media |Ownership restrictions Print | No limitations for newspaper enterprises are laid down in the media law. Daily newspaper were exempted from the ban for commercial enterprises to exert a dominant influence on local radio and television broadcasting |Cross ownership restrictions | No specific limitation. Normal competition rules apply. However the radio and television board is responsible for a ruling on any disputes over ownership rules in the TV and radio sector. |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | Political parties and organisations are excluded from holding a licence of a broadcasting company or radio station. |Market Situation – AudiovisualPublic service broadcasting: Danmarks Radio, channels: DR 1 DR 2(financed only by licence fees); TV-2 Danmark AS (mixed company, financed by licence fees and advertising), channel: TV 2Main commercial companies: TV 3 A/S, channel: TV3; TV Danmark A/S, channel: TV Danmark, CIAC A/S, channel: DK 4.Several foreign broadcasters, especially Danish versions of Swedish programs, are available in the Danish market.TV audience share 2004 – Daily share (%)DR1 | DR2 | TV2 | TV3 | TV3+ | TV Danmark | TV Danmark2 Kanal 5 | DK4 |29.9 | 4.2 | 35.0 | 8.4 | 3.5 | 4.3 | 2.3 | 0.7 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PrintTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price DKr |Jyllandsposten | JP/Politikens Hus A/S | 158 | 669 | 14.50 |Politiken | JP/Politikens Hus A/S | 134 | 519 | 15.00 |Berlingske Tidende | Der Berlingske Officin A/S | 130 | 446 | 13.00 |Ekstra Bladet | JP/Politikens Hus A/S | 106 | 504 | 11.50 |B.T. | Der Berlingske Officin A/S | 101 | 521 | 11.50 |Jydske Vestkysten | A/S Jydske Vestkysten | 81 | 261 | 14.00 |Nordjyske Stiftstidende | Nordjyllands Aktieselskab | 74 | 207 | 14.50 |Børsen | Dgabladet Borsen A/S | 67 | 236 | 20.00 |Fyens Stiftstidende | Fyens Stiftstidende A/S | 62 | 190 | 14.00 |Frederiksborg Amts Avis | Dagbladet A/S | 53 | 83 | 9.50 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Total Circulation |JP/Politikens Hus A/S | 397,931 |Der Berlingske Officin A/S | 231,024 |A/S Jydske Vestkysten | 80,697 |Nordjyllands Stiftstidende | 74,28 |A/S Børsen | 66,834 |Fyens Stiftstidende A/S | 61,993 |Dagbladet A/S | 53,458 |Aarhus Stiftstidende A/S | 53,053 |De Bergske Blade | 47,263 |Sjællandske Tidende | 28,502 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:Netredaktionen (DK-AG)RITZAU (DK_AG)ESTONIALegal Base:Broadcasting Act passed on May 1994, Chapter 6 Broadcasting Licences of Legal Persons in Private LawCompetition Act, passed on 5 June 2001Regulation on Media OwnershipOwnership Restrictions Television | If a broadcasting licence results in a press or information monopoly or cartel in the territory planned for the broadcasting activities or the broadcasting activity in the planned territory or part of the territory of Estonia, would accumulate in the hands of persons who co-operate with each others this should be refused. Abuse of dominant position and controlling concentration of the general competition law |Ownership restrictions Print | No restrictions |Cross ownership restrictions | No company or person may simultaneously own a TV station, a radio station and a daily or weekly paper |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | No provisions in the broadcasting act |Market Situation – AudiovisualPublic service broadcaster: Eesti Televisioon (ETV), channel: ETVMain commercial operators: TV 3 AS, channel: TV3 (Modern Times Group); Kanal 2 AS, channel: Kanal 2;Perviy kanal Estonia is a channel in Russian language.YLE is the Finish public service channelTV audience share 2004 – Daily share (%)Eesti Television | TV3 | Kanal 2 | Pervyi Baltiiski Kanal | RTR/Rossiya/RTR Planeta | YLE |18.0 | 23.6 | 19.6 | 9.6 | 4.6 | 1.4 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation – PrintTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price Kroon |SL Õhtuleht | AS SL Õhtuleht | 65 | 314 | 7,00 |Postimees | AS Postimees | 64 | 273 | 10,00 |Eesti Päevaleht | AS Eesti Paevaleht | 35 | 175 | 12,00 |Ãripäev | Aripaeva Kirjastuse AS | 20 | 81 | 15,00 |Pärnu Postimees | AS Parnu Postimees | 16 | 47 | 5,00 |Sakala | Sakala Kirjastuse AS | 11 | 31 | 5,00 |Molodjožh Estonii | AS Moles | 9 | 86 | 5,00 |Virumaa Teataja | AS Viru Press | 9 | 29 | 5,00 |Pohjarannik/ Severnoje Poberežhje | AS PR Pohjarannik | 8 | 40 | 5,00 |Meie Maa | OU Saaremaa Raadio | 8 | 19 | 5,00 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)AS Postimees |AS SL Ohtuleht |AS Eesti Paevaleht |Aripaeva Kirjastuse AS |Eesti Ekspressi Kirjastuse AS |AS Maaleht |AS Parnu Postimees |OU Moles |OU Vene Media |Sakala Kirjastuse |Source: World Association of Newspaper, Word Press Trends 2005FINLANDLegal BaseThere are no specific media concentration or ownership restrictions or ownership restrictions in the Act on Television and Radio Operations, 744/1998 (last amendments 394/2003).Regulation of Media OwnershipOwnership Restrictions Television | No specific rules Broadcasting act contains provisions on licensing. Upon granting a specific licence, the Government has to take into consideration the television broadcasting and radio broadcasting of the area as a whole. Among the factors to be considered is the issue of concentration. According to the Government Bill of the Act, the Government shall grant the licence so that broadcasting will not concentrate in a way that is likely to endanger the freedom of speech. |Ownership restrictions Print | No restrictions |Cross ownership restrictions | No specific rules Broadcasting act contains provisions on licensing. Upon granting a specific licence, the Government has to take into consideration the television broadcasting and radio broadcasting of the area as a whole. Among the factors to be considered is the issue of concentration. According to the Government Bill of the Act, the Government shall grant the licence so that broadcasting will not concentrate in a way that is likely to endanger the freedom of speech. |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | Political parties and organisations are not prohibited from holding a radio or TV licence. |Market Situation – AudiovisualPublic service broadcaster Yleisradio OY (YLE) channels: YLE 1 and YLE2,Main commercial operator: MTV OY, channel MTV 3; OY Ruutunelonen AB, channel: Nelonen; Sub TV Oy, channel: SubTVTV audience share 2004 – Daily share (%)YLE 1 | YLE 2 | MTV 3 | Nelonen | Sub TV |24.6 | 20.3 | 34.7 | 12.4 | 2.5 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation – PrintTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price Euro |Helsingin Sanomat | Sanoma Osakeytiö | 434 | 1,089 | 208* |Ilta-Sanomat | Sanoma Osakeytiö | 201 | 966 | 1** |Aamulehti | Kustannus Oy Aamulehti | 137 | 319 | 210* |Iltalehti | Kustannusosakeyhtio Iltalehti | 130 | 617 | 1** |Turun Sanomat | TS-Yhtymä Oy | 111 | 277 | 199* |Maaseudun Tulevaisuus | Viestilehdet Oy | 82 | 299 | 114* |Kaleva | Kaleva Kustannus Oy | 82 | 222 | 198* |Kauppalehti | Kustannusosakeyhtiö Kauppalehti | 82 | 280 | 221* |Keskisuomalainen | Keskisuomalainen Oyj | 76 | 191 | 202* |Savon Sanomat | Savon Media Oy | 65 | 182 | 200* |Source: World Association of Newspaper, Word Press Trends 2005(*) One year subscription price(**) Single copy priceTop Ten publishing companies (2004)Sanoma Osakeytiö |Alpress Oy |Savon Media Oy |TS-Yhtymä Oy |Ikka-Yhtymä Oyj |Keskisuomalainen Oyj |Keski-Uusimaa Oy |Esan Kirjapaino Oy |Pohjois-Karjalan kirjapaino Oy |Hufvudstadsbladet Ab |Source: World Association of Newspaper, Word Press Trends 2005News agencies:FINNISH NEWS AGENCY (STT/FNB)FRANCELegal BaseLoi n° 86-1067 du 30 septembre 1986 - Loi relative à la liberté de communication (modified August 2004) supplemented by subsequent laws and decreesRegulation of Media OwnershipOwnership Restrictions Television | Subject to three limits based on: Capital share, number of licence (together with audience share), participation in more companies in the same sector: Physical or legal person not more than 49% (national TV) and 33 % (local TV) of the capital or voting rights in a station whose average annual audience exceeds 2.5 % of the total audience. If a person holds 2 stations he cannot hold more than 15% in the second If a person owns 3 stations he cannot hold more than 5% in the third. Terrestrial TV: not more than one (analogue) or 7 (digital) stations, Satellite TV: not more than two licences |Ownership restrictions Print | Companies are not allowed to acquire a new newspaper if the acquisition boosts their total daily circulation to over 30% nationally. |Cross ownership restrictions | A operator may not be involved in more than two of the following situations: - TV audience of 4 million - radio audience of 30 million - cable audience of 6 million - 20% share of national daily newspaper |Foreign ownership restrictions Print and TV | Non-EU investment is limited to a share of 20% of a capital of a daily newspaper or of a terrestrial broadcasting in French language |Restrictions for political parties and organisations | No provisions |Market Situation – AudiovisualPublic service broadcaster: France Television, channels: France 2, France 3, France 4 and France 5, France 5 shares the terrestrial frequency with the Franco-German cultural channel Arte.Main commercial operators: TF 1 S.A., channel: TF1; Métropole Télévision, channel: M6 ;The Group Canal+ has a total of about 8.4 million subscribers.TV audience share 2004 – Daily share (%)France 2 | France 3 | France 5 | Arte | TF1 | M6 | Canal+ |20.5 | 15.2 | 3 | 2 | 31.8 | 12.5 | 3.8 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PrintTop Ten Daily Newspapers (2004)Title | Circulation (000) | Readership (000) |Ouest France | 783 | 2,230 |Le Monde | 381 | 2,073 |L’Equipe | 369 | 2,459 |Le Parisien | 353 | 1,718 |Le Figaro | 346 | 1,373 |Sud Ouest | 326 | 1,281 |La Voix du Nord | 307 | 1,082 |Nice Matin | 258 | 757 |Le Dauphiné Libéré | 256 | 838 |Le Progrès | 249 | - |Source: World Association of Newspaper, Word Press Trends 2005News agencies:Agence France press (AFP)Agra presse (Agence d'info agro-économique)GERMANYLegal BaseStaatsvertrag über den Rundfunk im Vereinigten Deutschland - RundfunkstaatsvertragGesetz gegen Wettbewerbsbeschränkungen (GWB) Bekanntmachung der Neufassung vom 15. Juli 2005 in der seit 13. Juli 2005 geltenden Fassung, BGBl. I/2005, S. 2114 ffRules on Media OwnershipOwnership restriction Television | Limits based on audience share in order to prevent exercise of dominant opinion forming power: 30 % of the national market in a given year. If a market share of 25 % is attained and the company holds a dominant position in a media related market |Ownership restrictions Print | Merger control (Pressefusionsgesetz) Act against Restraints of Competition. Filing of the Federal cartel office is required if at least one party amounts 25 million Euro turnover in the last business year. New Bagatellklausel: purchases of small publishers (turnover up to 2 Mio €) possible. In cases of mergers of printed media publishers a maximum share of only 24,5% is permitted |Cross ownership restriction | Interdiction for companies to exercise a predominant impact on public opinion e.g. a company reaches an audience share of 25% and holds a dominant position in a related media market or an overall assessment of its activities in TV and media related markets suggest an influence equivalent to a company with a viewer rating of 30% |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | Political parties and organisations are excluded from holding a licence for TV or radio channels |Market Situation - AudiovisualPublic service broadcaster: ARD (with regional channels, so called ‘third channels’) and ZDF, channels; ARD, ARD 3, ZDFMain commercial companies: RTL Television GmbH, channel RTL; ProSiebenSat1 GmbH channels: SAT 1, Pro 7, Kabel 1.TV audience share 2004 – Daily share (%):ARD | ARD 3 | ZDF | RTL | SAT 1 | Pro 7 | Kabel 1 |15.9 | 15.8 | 15.8 | 13.5 | 8.9 | 6.7 | 3.4 |Source: European Audiovisual Observatory, Yearbook 2005Market situation – PrintTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price Euro |BILD | Axel Springer | 3,867 | 12,330 | 0,45 |WAZ Mediengruppe | Zeitungsgruppe WAZ | 1,001 | 2,830 | 0,95 |Zeitungsgruppe Köln | M.Dumont-Schauberg Expedition der Kölnischen Zeitung | 628 | 1,120 | 0,90 |Süddeutsche Zeitung | Süddeutsche Zeitung | 442 | 1,110 | 1,50 |Rheinische Post | Rheinisch-Bergische Druckerei und Verlagsgesellschaft | 405 | 1,220 | 0,90 |Zeitungsgruppe Thüringen | Zeitungsgruppe Thüringen Verwaltungs-gesellschaft | 398 | 1,130 | 0,70 |Frankfurter Allgemeine Zeitung | Verlag Frankfurter Allgemeine Zeitung | 380 | 860 | 1,50 |fp Freie Presse mit Döbelner Anzeiger | Freie Presse Chemnitzer Verlag – und Druck | 358 | 960 | 0,90 |Augsburger Allgemeine/Allgäuer Zeitung | Presse-Druck und Verlagshaus | 353 | 9990 | 1,00 |Nürnberger Nachrichten | Mitteldeutsches Druck- und Verlagshaus | 310 | 880 | 1,00 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Total circulation |Axel Springer | 5,377,800 |Verlagsgruppe WAZ | 1,461,000 |Verlagsgruppe Stuttgarter Zeitung/Die Rheinpfalz/Südwestpresse | 1,155,400 |Verlagsgruppe Münchener Zeitungsverlag/ Zeitungsverlag tz München/Westfalischer Anzeiger/Dirk Ippen | 1,001,600 |Georg von Holtzbrinck | 979,100 |Verlagsgruppe M.Dumont-Schauberg | 933,500 |Gruner + Jahr | 831,800 |Verlagsgruppe Madsack | 743,100 |Verlagsgruppe Frankfurter Allgemeine Zeitung | 675,200 |Verlagsgruppe Süddeutscher Verlag | 656,000 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:Agence France presse (german service)Agrar EuropeBonner Textagentur (BTA)Dow Jones NewsDeutsche Presse Agentur (DPA)Evangelischer Nachrichtendienst (EPD)Katholische Nachrichtenagentur (KNA)GREECELegal BaseGreek Media law 2328/1995 and 3310/2005Law 1806/88Regulation of Media OwnershipOwnership Restrictions Television | A company can only hold one licence to operate TV station. Natural or legal person can participate only in one station and hold no more than 25 % of the share capital. Person or company can only participate in one company that hold a Pay TV licence. Participation in a company that holds a terrestrial subscription broadcasting service is limited up to 40% of the company’s capital. |Ownership restrictions Print | Up to two daily political newspapers, one a morning and one an evening, published in Athens, Piraeus, or Thessaloniki plus up to two provincial dailies in two different prefectures. Either (a) a single Sunday title covering one of the political titles, or two political titles in one Sunday edition, or (b) a Saturday or Sunday edition of an independent newspaper. |Cross ownership restrictions | Participation in more than two types of media is prohibited (e.g. participation in a TV company and a newspaper is permitted, but such involvement would prevent the ownership of a radio station), The owner of a Pay TV licence cannot hold a licence for a FTA broadcasting (it is permitted when there is no abuse of dominant position). The owner of a pay TV licence cannot be a shareholder in more than two different categories of media (TV, radio, newspapers), so-called “Two-of-Three”-Regulation |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | Contracts of all kinds between the public administration and other public organizations with owners, shareholders and managers of mass media enterprises are prohibited. Political parties are not among the entities entitled to radio or television ownership. However, they are able to publish newspapers, since there are no restrictions on one's right to spread his/her views through the press. |Market Situation – AudiovisualPublic service broadcaster: Hellenic Broadcasting Corporation (ERT), channels: ET1 and Net, ET 3 (regional channel)Main commercial companies: Antenna TV S.A., channels Antenna TV; Teletypos S.A., channel: Mega Channel; New Television S.A., channel: Star channel; Eleftheri Tileorassi S.A., channel Alter.Audience share main channels 2004 - daily share (%)ET 1 | NET | ET-3 | Antenna 1 | Megachannel | Skai/Alpha | Star | Alter |5.2 | 8.8 | 2.1 | 20.8 | 16.9 | 13 | 11.5 | 11.5 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PrintTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price Euro |Ta Nea | Mr. Leon Karapanagiotis | 84 | 317 | 1,00 |Eleftherotypia | Mr.Th. Tegopoulos | 82 | 302 | 1,00 |Ethnos | Mr. G. Bobolas | 53 | 149 | 1,00 |To Vima | Mr. Stavros Psycharis | 56 | 62 | 1,00 |Kathimerini | Mr. Th. Alafouzos | 52 | 68 | 1,00 |Eleftheros Typos | Mr. Makis Sarris | 37 | 63 | 1,00 |Sportime | Mrs. Frini Ontoni | 37 | 99 | 1,00 |Goal News | Mr. Harris Xidis | 23 | 29 | 1,00 |To Fos Ton Sport | Mr. Theod. Nikolaidis | 24 | 29 | 1,00 |Apogevmatini | - | 23 | 30 | 1,00 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Total circulation |C.K. Tegopoulos S.A. | 43,385 |Lambrakis Press S.A. | 41,887 |Pegasus Publishing & Printing S.A. | 24,891 |Kathimerini S.A. | 15,646 |Press Foundation S.A. | 13,746 |Point Publications S.A. | 13,264 |Th. M. Nikolaidis S.A. | 8,703 |Apogevmatini Publications S.A. | 8,153 |Sport Plus S.A. | 8,099 |Daily Press S.A. | 7,219 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:Athens News Agency (ANA)HUNGARYLegal BaseActo No I of 1996 on Radio and Television Broadcasting as well as the interpretative provisionRegulation of Media OwnershipOwnership Restrictions Television | Ownership of a single enterprise limited to max. 49% of the voting rights. broadcasters with national broadcasting rights and those holding a controlling share therein are not allowed to acquire a controlling share in another enterprise performing broadcasting or broadcast transfer |Ownership restrictions Print | No restrictions |Cross ownership restrictions | Company with controlling share in a national wide newspaper cannot acquire holdings in any broadcaster over 25%. Regional newspaper (with ten thousand sold copies) may not acquire a majority of a broadcaster or if the reception area overlaps with 80% of the distribution area of the newspaper (and vice versa). |Foreign ownership restrictions Print and TV | No restrictions for the press A minimum of 26% of the shares of a broadcasting company must be owned by Hungarian citizens and residents. |Restrictions for political parties and organisations | Political parties and organisations are not entitled to broadcast. |Market Situation – AudiovisualPublic service broadcaster: Magyar Televizio (MTV) channels: MTV1 (free to air), MTV2 (available on cable and satellite) and Duna TV. The channels are financed through taxes and advertising.Main commercial companies: Magyar RTL Television, channel: RTL KLUB; MTL SBS Televizio, channel: TV 2; Duna TV Rt., channel Duna TV; Viasat Hungaria, channel: Viasat 3The audiovisual market is characterized by a strong representation of several foreign media groups like the German RTL Group, SBS, HBO, Viasat, Modern Times Group (MTG).TV audience share 2004 – Daily share (%)M1 | M2 | Duna TV | TV2 | RTL KLUB | Viasat 3 | Video | Minimax |15.5 | 1.9 | 1.7 | 27.4 | 29.4 | 3.1 | 3.5 | 1 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation – PrintTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price HUF |Blikk | Ringier Kiadó | 255 | 1,0901 | 59 |Népszabadság | Népszabadság | 163 | 544 | 99 |Nemzeti Sport | Ringier Kiadó | 87 | 299 | 93 |Kisalföld | Lapcom Lapkiadó | 78 | 270 | 99 |Magyar Nemzet | Nemzet Lapkiadó | 76 | 210 | 145 |Észak-Magyarország | Inform Média | 61 | 250 | 79 |Kelet- Magyarország | Inform Média | 59 | 215 | 79 |Vas Népe | Pannon Lapok Társasága | 58 | 185 | - |Zalai Hirlap | Pannon Lapok Társasága | 57 | 193 | - |Hajdú-Bihari Napló | Inform Média | 52 | 192 | 79 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Revenue HUF (2004) |Sanoma Budaest Kiadói | 11,207, 269 |Ringier Kiadó | 9,765,022 |Axel Springer Magyarország | 9,745, 047 |Népszabadság | 7,106,280 |Pannon Lapok Kiadói | 5,696,920 |Axel Springer Budapest | 5,407,129 |Pesti Est | 5,390,685 |Inform Stúdió | 5,388,287 |MTG Metro Gratis | 4,816,617 |HVG | 4,698,256 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:Agence de Press Hongroise (MTI)IRELANDLegal BaseRadio and Television Act 1988Broadcasting Act 2001 Number 14 of 2002,Competition Act, 2002Regulation of Media OwnershipOwnership Restrictions Television | One investor should not hold more than 25% of the licences. “undue amount of communication media in a specified area”: a reasonable share should not be exceeded; no definition of “reasonable share” Case by case analysis based on a market share model. Local licences: special attention is paid to the question whether the applicant is offering local content |Ownership restrictions Print | No specific limit but the Minister for Enterprise and Employment has the power to refer any proposed takeover, merger or investment to the Competition Authority to determine whether such an action would lead to a distortion in trade or lessening of commercial competition. |Cross ownership restrictions | Regional or national newspaper owners can hold only one private licence. In addition limited investment allowed. |Foreign ownership restrictions Print and TV | Subject to IRTC approval (Independent Radio and Television commission) |Restrictions for political parties and organisations |Market Situation – AudiovisualPublic service broadcaster: Radio Telefis Éireann, channels RTE 1 and Network 2 (N2). RTE also cooperates with Teilifi s na Gaeilge (TG4).Main commercial operator: TV3 Television Network Ltd, channel: TV3, was launched in 1998.Foreign broadcasters, mainly from the UK, have an important stake in the Irish television market, as most of Ireland can also receive British television.Audience share main channels 2004 (daily share) (%):RTE 1 | 25.8 |Network 2 | 12.4 |TNAG/TG4 | 3.1 |TV 3 | 13.5 |UTV/HTV | 6.5 |BBC 1 | 6.6 |BBC 2 | 3.8 |C4/S4 C | 4.2 |Sky one | 3.1 |Sky News | 1.6 |E 4 | 1.4 |Nickelodeon | 1.3 |Sky sport 1 | 1.1 |Sky sport 2 | 0.6 |MTV | 1.3 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PrintTop Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price Euro |The Irish Independent | Independent Newspapers Ireland Limited | 176 | 612 | 1,50 |The Irish Times | The Irish Times Limited | 115 | 323 | 1.50 |Irish Daily Sun | News International | 114 | 278 | 0,75 |Irish Daily Star | Independent Star Limited | 107 | 447 | 1,20 |Irish Daily Mirror | Mirror Group Newspapers | 80 | 234 | 0,90 |Irish Examiner | Thomas Crosbie Holdings | 58 | 220 | 1,50 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Total annual sales |Independent Newspapers Ireland Limited | 101,388,794 |News International | 49,750,064 |Independent Star Limited | 36,116,210 |The Irish Times Limited | 35,963,772 |Trinity Mirror Group | 30,046,120 |Examiner Publications Limited | 18,156,372 |Sunday Newspapers Limited | 13,954,408 |Associated Newspapers Ireland Limited | 7,697,846 |Tribune Publications Limited | 4,336,670 |The Agricultural Trust | 3,558,828 |Source: World Association of Newspaper, Word Press Trends 2005ITALYLegal BaseRegulations and principles governing the set-up of the broadcasting system and the RAI Radiotelevisione italiana S.p.a., authorizing the government to issue a consolidated broadcasting act. 3 May 2004, n.112The institution of the Autorità per le Garanzie nelle Comunicazioni and the regulations for telecommunications and radio and television broadcasting systems, July 31, 1997 n. 177Regulation of Media OwnershipOwnership Restrictions Television | A content provider, subsidiary or allied company may not hold authorisations allowing them to broadcast more than 20% of all television channels that may be broadcast on terrestrial frequencies at the national level through the networks provided for in the plan. Furthermore, companies registered as communications operators may not, directly or indirectly, earn revenue greater than 20% of the total revenue of the integrated communications system |Ownership restrictions Print | No one may control more than 20% of the total daily newspaper circulation or more than 50% of a total regional or inter-regional circulation. Any purchase which breaches these limits is liable to be declared void in court, but the limits may be exceeded in the normal course of organic business growth. |Cross ownership restrictions | Subjects exercising television activities at the national level through more than one network cannot, before 31 December 2010, acquire shares in newspaper publishing companies or participate in setting up new newspaper publishing companies. In addition enterprises active in the sectors of radio, television and digital television broadcasting may not exceed 20% of the total transmission frequency resources of the said sectors, |Foreign ownership restrictions Print and TV | No restrictions on EU countries. Reciprocal arrangements apply to some other countries. |Restrictions for political parties and organisations | No provisions on the restriction of political parties or organisations ownership |Market Situation – AudiovisualPublic service broadcaster: RAI channels: RAI uno, RAI Due, RAI TreMain commercial companies: Reti Televisive Italiane, channels: Canale 5, Italia 1 and Retequattro; La 7 Televisioni, channel La 7.Audience share main channels 2004 - daily share (%):RAI Uno | RAI Due | RAI Tre | Canale 5 | Italia 1 | Rete 4 | TMC/La sette |23.0 | 12.2 | 9.1 | 22.5 | 11.6 | 9.0 | 2.4 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PrintTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price Euro |Corriere della Sera | RCS Editori | 677 | 2,927 | 0,90 |L a Repubblica | Gruppo Ed. L’Espresso | 622 | 2,852 | 0,90 |La Gazzetta dello Sport | RCS Editori | 409 | 3,392 | 0,90 |Il Sole 24 Ore | Il Sole 24 Ore | 378 | 1,204 | 1,00 |La Stampa | Editrice La Stampa | 347 | 1,607 | 0,90 |Il Messaggero | Il Messaggero | 243 | 1,224 | 0,90 |Corriere dello Sport | Corriere dello Sport | 241 | 1,407 | 0,90 |Il Giornale | Soc. Europea di Edizioni | 209 | 723 | 1,00 |Il Resto del Carlino | Poligrafici Editoriale | 177 | 1,304 | 0,90 |La Nazione | Poligrafici Editoriale | 145 | 977 | 0,90 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:AdnkronosinternationalAgenzia Giornalistica Italia (AGI)Agenzia Nazionale stampa associate (ANSA)AP COMAREAReuters ItaliaServizio informatzione religiosa - SIRLATVIALegal BaseLaw on Radio and Television 1996General competition lawRegulation of Media OwnershipOwnership Restrictions Television | Each broadcasting organization, except public broadcasting organizations, may not produce more than three programmes. A natural person who is the sole founder of a broadcasting organization or whose investment in a broadcasting organization ensures control of it, or the spouse of such a person, may not own more than 25% of shares (capital shares) in other broadcasting organizations. |Ownership restrictions Print | No restrictions |Cross ownership restrictions | No restrictions |Foreign ownership restrictions Print and TV | Non-EU owner of a mass media is restricted to 49% |Restrictions for political parties and organisations | The monopolisation of electronic mass media in the interests of a political organization (party), etc. is not permitted. A political organization (party) as well as an undertaking (company) established by it (where the investment by the political organization (party) ensures the control of it) may not establish broadcasting organizations. |Market Situation – AudiovisualPublic service broadcaster: Latvijas Televizija, channels , LTV1 and LTV7 - the only national player in the Latvian market.Main commercial operator: Latvijas Neatkariga Televizija channel: LNT.Foreign investors like the Polish company Polsat, Modern Times Group.There are twenty-four regional and local television channels, which operate in small transmission areas and broadcast for just a few hours a day.Channel 3+ Baltic, Pervy Baltiysky Kanal Latvia and Perviy Baltijskyi Muzykalnyi Kanal are channels in Russian language.Audience share main channels 2004 - daily share (%):LTV 1 | LTV 7 | LNT | TV 3 | PBK | TV 5 Riga | 3+Baltic | Video |13.8 | 4.9 | 22.1 | 17.1 | 9.6 | 2.9 | 2.4 | 2.7 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation – PressTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price Lats |Diena | AS Diena | 60 | 282 | 0,30 |Latvijas Avize | AS Lauku Avize | 59 | 239 | 0,30 |Neatkariga Rita Avize | SIA Mediju Nams | 40 | 105 | 0,30 |Vesti Segodna | SIA Fenster IN | 32 | 168 | 0,20 |Rigass Balss | SIA Mediju Nams | 23 | 43 | 0,25 |Chas | SIA IN Petits | 20 | 122 | 0,20 |Vakara Zinas | SIA Mediju Nams | 16 | 61 | 0,25 |Sport Ekspress | SIA Mozus | 15 | 25 | 0,27 |Telegraf | SIA Belokons un partneri | 13 | 47 | 0,20 |Bizness & Baltija | SIA Medija un Baltija | 12 | 41 | 0,35 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Total circulation |SIA IN Petits | 47,069,360 |SIA Fenster IN | 39,091,000 |SIA Mediju Nams | 24,808,000 |AS Diena | 18,720,000 |AS Lauku Avize | 18,408,000 |SIA Mozus | 4,680,000 |SIA Kurzemes Vards | 4,204,512 |SIA Belokons un partneri | 3,380,000 |SIA Medija un Baltija | 3,120,000 |SIA Diena Bonnier | 2,756,000 |Source: World Association of Newspaper, Word Press Trends 2005LITHUANIALegal BaseLaw on Provision of Information to the Public from 1996Law on National Radio and TelevisionLaw on Competition (23 March 1999 No. VIII-1099) (As amended by 15 April 2004 No. IX-2126Regulation of Media OwnershipOwnership Restrictions Television | There is no restriction as to the structure of capital of mass media enterprises. However, it is a duty to indicate changes in ownership structures. |Ownership restrictions Print | There is no restriction as to the structure of capital of mass media enterprises. However, it is a duty to indicate changes in ownership structures. |Cross ownership restrictions | There are no restrictions on cross-media ownership. However the State shall create equal legal and economic opportunities for honest competition of public information producers and disseminators. Furthermore, the State shall ensure, that no single person can occupy a monopoly position or abuses such occupied dominant position. A dominant position is defined by the relevant competition law as having the market share of not less than 40 %. |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | Political party or organisation may not be the owner of a broadcaster and operator |Market Situation – AudiovisualPublic service broadcaster Lietuvos Nacionalnis Radijas ir Televizija (LRTV), channels: LTV and TLV 2, which are financed by a state subsidy and advertising.Main commercial operators: LUAB Laisvas ir nepriklausomas Kanalas, channel: LNK, UAB Tele-3, channel: Tele 3; UAB TV 1, channel: TV 1.The Lithuanian audiovisual market is dominated by foreign capital, mostly from the Nordic countries but also Modern Times Group.Pervy Baltiysky Kanal Lithuania is a channel in Russian language.Audience share main channels 2004 - daily share (%):Vakaro žinios | Naujasis aitvaras | 88 |Lietuvos rytas | Lietuvos rytas | 74 |Kauno diena | Kauno diena | 38 |Respublika | Respublikos leidiniai | 34 |Respublika (Russian edition) | Respublikos leidiniai | 22 |Lietuvos žinios | Lietuvos žinios | 21 |Klaipèda | Klaipèdos laikraščio redakcija | 20 |Vakarц Ekspresas | Broliu Tomka leidykla | 18 |Šiauliuц kraštas | Šiauliц kraštas | 16 |Verslo žinios | Verslo žinios | 10 |Source: World Association of Newspaper, Word Press Trends 2005Top publishers (2000)Ranked by circulation |Lietuvos rytas |Respublikos leidiniai |Vingis |Moteris |Kauno diena |Source: World Association of Newspaper, Word Press Trends 2005LUXEMBOURGLegal BaseLoi du 27 juillet 1991 sur les médias électroniques, (Mém.A -47 du 30 juillet 1991,p.972; doc.parl.3396) modifiée par: Loi du 2 avril 2001, (Mém.A -42 du 17 avril 2001,p.924; Doc.parl.4584;dir.89/552/CEE et 97/36/CE)Regulation of Media OwnershipOwnership Restrictions Television | No restrictions Only for local radio broadcasting: No individual or organisation may own more than 25% of the voting rights in any radio station |Ownership restrictions Print | No restrictions |Cross ownership restrictions | No restrictions (only restriction with respect to radio: The participation of a newspaper business in a regional radio station may not exceed 25% of the station’s capital). |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | No provisions on political parties’ or organisations’ ownership |Market Situation – AudiovisualLuxembourg does not have a public service broadcaster; but the Luxembourg based RTL group carries out some of the typical public information duties. RTL Tele Lëtzebuerg broadcast in Luxembourgian.Foreign broadcasters, especially French and German stations, have an important position within the television market and in addition, Belgian public service broadcaster and the Portuguese public service channel RTP attract 1,5 and almost 5% of viewers daily.TV audience market share 2003/2004 -daily share (%)RTL Tele Letzbuerg | 14.4 |RTL | 9.4 |Pro 7 | 5.7 |ARD | 7.3 |SAT 1 | 5.9 |ZDF | 7.1 |RTL 2 | 3.4 |TF 1 | 8.6 |M6 | 5.1 |France 2 | 3.1 |France 3 | 1.8 |RTP Int | 4.8 |RTL-TVI | 2.0 |MTV | 1.7 |La Une RTBF | 1.5 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PressTop Daily Newspapers (2004)Title | Publisher | Circulation | Reader ship | Cover price Euro |Luxemburger Wort | Saint-Paul Luxemburg | 74,525 | 173,000 | 0,90 |Tageblatt | Editpress | 17,106 | 61,100 | 0,95 |Zeitung vum Letzebuerger Vollek | Zeitung | 8,000 | 2,900 | 0,70 |Le Quotidien | Lumedia | 5,441 | 29,200 | 0,95 |Letzeburger Journal | Editions du Letz. Journal | 5,150 | 11,000 | 0,55 |La voix du Luxembourg | Saint-Paul Luxemburg | 4,920 | 24,300 | 0,70 |Source: World Association of Newspaper, Word Press Trends 2005Top publishing companies (2004)Total circulation |Saint-Paul Luxemburg | 82,549 |Editpress | 18,248 |Lumedia | 6,023 |Editions du Letz. Journal | 5,150 |Zeitung | 8,000 |Source: World Association of Newspaper, Word Press Trends 2005MALTALegal BaseBroadcasting Act (1991) – Chapter 350.Regulation of Media OwnershipOwnership Restrictions Television | It is not allowed for the same organization, person or company to own, control or to be editorially responsible for more than one terrestrial or cable, radio broadcasting service. |Ownership restrictions Print | No restrictions |Cross ownership restrictions | the same organization, person or company can at the same time to own one terrestrial or cable radio station and one terrestrial or cable television station and one terrestrial or cable teleshopping station, No restrictions between publishing and broadcasting industries |Foreign ownership restrictions Print and TV | Since the broadcasting act was amended in 2000 it allows for foreigners to own broadcasting media licensed in Malta; |Restrictions for political parties and organisations | No restrictions In fact, in Malta there are three political parties which all own their own radio stations. The two largest parties also own a television station. In addition, some political parties also own newspapers. |Market Situation – AudiovisualPublic service broadcaster: channel TVMMain commercial station is Super 1 TV , which is owned by the Malta Labour party. The Nationalist Party owns the NET TV channel.Due to its geographical shape and its size, there is a high penetration of foreign broadcasters especially from Italy.TV-audience market share 2005 – daily share (%)TVM | 30.53 |Super One TV | 15.62 |NET TV | 10.32 |Smash TV | 2.11 |RAI (RAI Uno, RAI Due Rai Tre) | 7.67 |Mediaste (Canale 5, Italie 1, Rete 4) | 20.49 |Cable and Satellite | 12.13 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PrintTop Daily Newspapers (2004)Title | Publisher | Circulation (000) |The Times | Allied Newspapers Ltd. | 37 |In-Nazzjon | The Partit Nazzjonalista | - |L-Orizzont | The General Workers Union | - |The Malta Independent | Standard Publications Ltd. | - |Source: World Association of Newspaper, Word Press Trends 2005THE NETHERLANDSLegal BaseMediawetRegulation of Media OwnershipOwnership Restrictions Television | Commercial broadcaster may control no more than one FM frequency |Ownership restrictions Print | The Competition Authority must be notified of any merger in which participating companies have a combined turnover of over 113.5 million € and at least two of them have a turnover within The Netherlands of minimum 30 million €. |Cross ownership restrictions | Commercial broadcasters can not own more than 25% of the daily newspaper market or more than 50% of a regional newspaper market when providing a service to the same region. Regional newspaper owners may not own more than 50% of companies with a radio licence in the same region |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | No explicit provision |Market Situation – AudiovisualPublic service broadcaster: Nederlandse Omroep Stichting (NOS), channels Ned 1, Ned 2 and Ned 3.Main commercial companies: RTL 4 Nederland; channels: RTL4 and RTL5; SBS Broadcasting B.V. channels: NET 5, SBS6, and Veronica.The Belgian public service broadcaster of the Flemish community BRTN is also present in the market.Audience share main channels 2004 - daily share (%):Ned 1 | 11.1 |Ned 2 / TV2 | 18.4 |Ned 3 | 6.6 |RTL 4 | 15.4 |RTL 5 | 4.3 |SBS 6 | 9.6 |NET 5 | 4.3 |Veronica | 2.8 |Regional TV | 2.2 |Nickelodeon | 2.4 |BRTN 1/VRT1 | 1.4 |BRTN 2/VRT 2 | 1.2 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation – PrintTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price Euro |De Telegraaf | Holdingmij. De Telegraaf | 753 | 2,334 | 1,10 |de Volkskrant | PCM Uitgevers | 308 | 782 | 1,20 |Algemeen Dagblad | PCM Uitgevers | 288 | 1,069 | 1,20 |NRC Handelsblad | PCM Uitgevers | 257 | 451 | 1,30 |Dagbald De Limburger/ Limburgs Dagblad | Holdingmij. De Telegraaf | 221 | 647 | 1,20 |De Gelderlander | Wegener | 185 | 585 | 1,20 |Dagblad van het Noorden | Noordelijke Dagblad Combinatie bv | 169 | 499 | 1,15 |De Stentor | Wegener | 154 | 482 | 1,30 |Noordhollands Dagblad | Holdingmij. De Telegraaf | 152 | 469 | 1,20 |Brabants Dagblad | Wegener | 148 | 457 | 1,20 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Total circulation |nv Holdingmaatschappij De Telegraaf | 1,243,462 |Wegener nv | 1,149,015 |PCM Uitgevers nv | 1,111,056 |Noordelijke Dagblad Combinatie bv | 280,208 |Het Parool bv | 85,729 |Reformatorisch Dagblad bv | 59,484 |Het Financieele Dagblad bv | 55,472 |Nederlands Dagblad bv | 34,796 |Friesch Dagblad Holding bv | 21,139 |Koninklijke BDU Uitgeverij bv | 11,417 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:Algemeen Nederlands Persbureau – ANPGeassocieerde Pers Diensten – GPDINSIGHTSCIENCEPOLANDLegal BaseBroadcasting Act (adopted December 29, 1992, several amendments over the past years)Law on Access to Public Information, Dated 6 September 2001 Journal of Laws No 112, item 1198Act of February 24, 1990 on Counteracting Monopolistic Practices, ( Dz. U. of 1991, No 89, item 403 - the uniform text ) according to the state as of August 6, 1993Act on Competition and Consumer Protection of 15 December 2000 (Journal of law of 2003, No 86).Regulation of Media OwnershipOwnership Restrictions Television | A licence shall not be granted if the applicant’s programming could give the applicant a dominant position in mass communications in the given area. Furthermore, a licence shall be withdrawn if the applicant has gained such a dominant position in mass communications in the given area. (No definition of these terms in Broadcasting Act) |Ownership restrictions Print | Dominant position in the market is defined as the ability to prevent effective competition in the market and conduct its business independently of its competitors and customers to a significant extent. A Company has a dominant position when its share of the market exceeds 40%; there are not separate circulation thresholds at local, regional and national level. |Cross ownership restrictions | No dominant position in mass communication in a given area. |Foreign ownership restrictions Print and TV | Non-EU ownership of broadcast outlet is restricted to 49% No restrictions for Print |Restrictions for political parties and organisations | No specific provision in the Polish Broadcasting Act |Market Situation – AudiovisualPublic service broadcaster: Telewizja Polska SA (TVP), channels: TVP 1, TVP 2, TVP 3 and TVP PoloniaMain commercial operators: Canal + Cyfrowy SP, channel : Canal +; TelewiPolsat, RTL polska, channel: RTL 7; Telewizja Wisia SP, channel TV Wisla.Audience share main channels 2004 - daily share (%):Fakt | Axel Springer Polska | 241 | 7,042 | 1,00 |Gazeta Wyborcza | Agora S.A. | 171 | 5,619 | 2,00 |Super Express | Bonnier Business Polska | 115 | 3,322 | 1,30 |Rzeczpospolita | Presspublica (Orkla Group) | 75 | 1,137 | 2,50 |Dziennik Sportowy | Marquard Media Polska | 39 | 1,259 | 1,80 |Gazeta Pomorska | Gazeta Pomorska Media (Orkla Group) | 33 | 664 | 1,20 |Gazeta Prawna | Grupa Wydawnicza Infor | 33 | 577 | 3,95 |Dziennik Zachodni | Polskapresse | 30 | 1,060 | 1,30 |Nasz Dziennik | SPES | 28 | 595 | 1,40 |Dziennik Polski | Jagiellonia | 25 | 643 | 1,30 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Total copy sales (mill) |Axel Springer Polska (Fakt) | 240,8 |Orkla Group | 220,1 |Agora | 209,5 |Polskapresse Group | 190,2 |Bonnier Business Polska (Puls Biznesu) | 123,4 |Marquard Media Polska | 45,9 |TTP (Metropol) | 38,0 |Grupa Wydawnicza Infor Gazeta Prawna | 33,2 |DD Media (Dzien Dobry) | 32,8 |SPES (Nasz Dziennik) | 27,5 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:Polish press agencyPORTUGALLegal BaseLei n.º 4/2001 de 23 de Fevereiro Aprova a Lei da RádioLei da Televisão: Lei n.º 31-A/98, de 14 de JulhoRegulation of Media OwnershipOwnership Restrictions Television | No one can own shares on more than five radio companies, and no company can own more than a 25% share in two or more stations that operate in the same municipality |Ownership restrictions Print | No restrictions |Cross ownership restrictions | No restrictions Television law and Radio broadcasting law expressly state that competition rules are applicable to the operators |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | Political parties and organizations are excluded from owning a private television company or radio channel |Market Situation – AudiovisualPublic Service Broadcaster RTP, channels: RTP 1 and RTP 2.Main commercial operators: SIC, channels: SIC; TVI, channel: TV1, was founded by the Catholic Church in 1993, but is now part of Media Capital group.Audience share main channels 2004 - daily share (%):RTP1 | RTP2 | SIC | TV1 | Video | Cable and satellite channels |24.7 | 4.4 | 29.3 | 28.9 | 0.8 | 11.9 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PrintTop Ten Daily Newspapers (2004 )Title | Publisher | Circulation (000) | Cover price Euro |Correio da Manhã | Presselivre | 116 | 0,75 |Jornal de Noticias | Global Noticias | 112 | 0,74 |Record | Edisport | 93 | 0,74 |Público | Público – Comunicação Social | 52 | 0,92 |24 Horas | Global Notícias | 50 | 0,60 |O Jogo | Jornalinveste | 49 | 0,70 |Diário de Noticias | Global Notícias | 41 | 0,86 |Diário de Noticias da Madeira | Empresa do Diário de Notícias da Madeira | 15 | 0,80 |Diário Económico | S.T.& S.F. | 11 | 1,20 |Jornal de Negócios | Canal de Negócios | 8 | 1,10 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Circulation |Sojornal | 132,8 |Presselivre | 119,8 |Edisport | 95,9 |Global Notícias | 59,5 |Público | 53,5 |Jornal Investe | 52,1 |J. António Emidio & M. fátima Emídio | 27,5 |Edições Periódicas | 21,1 |Edições V.L. | 17,6 |Jornal do Fundão | 16,9 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:LUSAROMANIALegal BaseLaw no.41 of 17 June 1994 on State Television and Radio Broadcasting (SRR, SRTV Law)Law no. 504 of 11 July 2002 on Radio and Television Broadcasting, (Audiovisual Law 2002)Law no. 402 of 7 October 2003 on the Modification and Completion of Audiovisual Lawno 504/2002, (Audiovisual Law 2003)Law no. 19 of 2003 on Rompress (Romanian State news agency)Regulation of Media OwnershipOwnership Restrictions Television | Restrictions on horizontal concentration. A company can own a maximum of 30 per cent of the market of the broadcasting companies nationwide, measured in audience share |Ownership restrictions Print | Antitrust and concentration general legal framework applies. |Cross ownership restrictions | There are special provisions for cross-media ownership within the broadcasting sector. |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | No restrictions |Market Situation – AudiovisualPublic broadcaster: TVR (TVR1, TVR2, TVR Cultural, TVRi)Main national commercial operators: Media Pro International SA (ProTV, Acasa), TV Antena 1 S.A. (Antena1)Audience share main channels 2005 - daily share(%):TVR1/Romania 1 | TVR2 | PRO TV | Antena 1 | Acasa TV | Prima TV |22.1 | 4 | 16.7 | 16.6 | 9.2 | 5.1 |Source: European Audiovisual Observatory, Yearbook 2006Market Situation – PrintTop Ten Daily Newspapers (2005)Title | Publisher | Circulation (000) | Cover price (Romania lei) |Libertatea | Ringier Romania | 252 | 0.65 |Jurnalul National | Intact | 122 | 1.10 |Evenimentul Zilei | Ringier Romania | 75 | 0.90 |ProSport | Ringier Romania | 67 | 0.55 |Gazeta Sporturilor | Intact | 64 | 0.60 |Romania Libera | Societatea R | 62 | 1.00 |Adevarul | Adevarul | 61 | 0.95 |Gandul | Crucisatorul | 43 | 0.80 |Ziua | Ziua | 33 | 1.00 |Gazeta de Sud | Media Sud Management | 29 | 0.70 |Source: World Association of Newspaper, Word Press Trends 2006 and ENPATop Ten publishing companies (2005)Ringier Romania |Intact |Catavencu |Publimedia International |Adevarul SA |Societatea R |Media Sud Management |Ziarul CN |Ziua |Agenda |Source: World Association of Newspaper, Word Press Trends 2006News Agencies:RompresNewsInMediafaxAmos NewsAger PressRGN – Romanian Global NewsSLOVAKIALegal BaseAct No. 308 of 14th September, 2000 on Broadcasting and Retransmission and on Amendments of Act No. 195/2000 Coll. on Telecommunications as changed byAct No. 147/2001 Coll. on Advertising and on change and amendment of some actsAct No. 206/2000 Coll. on Amendment of the Act No. 308/2000Act No 289/2005 on Broadcasting and RetransmissionRegulation of Media OwnershipOwnership Restrictions Television | To one legal or natural person may be granted one licence for the broadcasting of television programme service or one licence for the broadcasting of radio programme service, except: monothematic programme (which is a programme service where 90% of the programme are devoted to the same programme type) |Ownership restrictions Print | No restrictions |Cross ownership restrictions | Publisher of periodicals that appear at least five times a week and are distributed in public in at least half of the territory of the Slovak Republic can not be a licensed broadcaster for multiregional or nationwide broadcasting at the same time. The broadcasters may develop a programme network to an extent allowing that it is received by maximum 50% of the total population Prohibition of any connection through capital or through personnel of a broadcaster of a radio programme service and a broadcaster of a television programme service with each other, or with a publisher of nation-wide periodicals |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | No specific restrictions |Market Situation – AudiovisualPublic service broadcaster: Slovenská televízia STV; channels: STV1 and STV.2 Slovak Television is funded by its own resources as well as the public funds.Main commercial channels: Markíza, TV Joj (since 2002)Czech and Hungarian channels are available and have an important market share.Audience share main channels 2004 - daily share (%):Jednotka STV 1 | Dvojka STV 2 | TV Markiza | TVF Joj | TA 3 | CZ Channels | HU channels |19.9 | 4.7 | 33.7 | 13.6 | 1.1 | 11.2 | 8.5 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PrintTop Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price SKK |Novy čas | Ringier Slovakia | 165 | 100 | 8,50-12,00 |SME | Petit Press | 78 | 450 | 10,00-15,00 |Pravda | Perex | 75 | 400 | 9,00-13,00 |Šport | Sport Press | 55 | 260 | 12,00 |Új Szó | Petit Press | 32 | 200 | 9,50-11,00 |Korzár | Petit Press | 30 | 180 | 9,50-12,50 |Hospodárske noviny | Ecopress | 18 | 100 | 11,00-12,00 |Národna obroda | Pegas. II | 13 | 70 | 10,00 |Prešovsky večernik | Privatpress | 8 | 50 | 9,50 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Ringier Slovakia |Petit Press |Spoločnost’ 7 plus |Perex |Šport Press |Ecopress |TV Tip |Živena |AH-Public |Spolok sv. Vojtecha |Source: World Association of Newspaper, Word Press Trends 2005News agencies:News agency of the Slovak Republik (TASR)SLOVENIALegal BaseNew Mass Media Act 2001Regulation of Media OwnershipOwnership Restrictions Television | Ministerial approval if one wants to acquire more than 20% owner’s share in TV station or daily newspaper. Approval will be refused if this leads to a monopolistic situation defined as gaining control over more than 30% of radio or TV advertising time or coverage that exceeds 40% of the national coverage |Ownership restrictions Print | If any publisher controls over 50% of the market, it has to be reported to the authorities |Cross ownership restrictions | Publisher of a daily informative printed medium or a single legal or natural person or group of connected persons that holds an ownership stake of more than 20% or a share in the management of voting rights of more than 20% in the capital or assets of such a publisher may not also be the publisher or co-founder of the publisher of a radio or television station and may not undertake radio or television activities. The same rules apply vice versa. incompatibility of performing radio activities and television activities. incompatibility of performing advertising activities and radio and television activities, incompatibility of performing telecommunication activities and radio and television activities. |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | No provisions |Market Situation – AudiovisualPublic service broadcaster RTVSLO; channels TVS 1 and TVS 2 and a third regional channel TV Koper Capodistria, which provides programming in Slovenian and Italian.Main commercial companies: Central European Media Enterprises Ltd, channels Pop TV and Kanal A; TV 3 Televizijska Dejavnost, channel: TV 3The commercial television sector is dominated by foreign capital as e.g. Central European Media Enterprises (CETV).The Slovenian TV market is characterised by the availability of foreign channels, especially Croatian channels.Audience share main channels 2004 - daily share (%):TVS1 | TVS2 | Pop TV | Kanal A | Koper | TV 3 | Croatian channels |26.0 | 10.4 | 27 | 8.1 | 0.4 | 1.9 | 6.4 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation – PrintTop Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price SIT |Slovenske Novice | Delo | 104 | 399 | 130 |Delo | Delo | 93 | 243 | 180 |Dnevnik | Dnevnik | 59 | 167 | 170 |Večer | Večer | 58 | 183 | 170 |Primorske Novice | Primorske Novice | 23 | 95 | 150 |Ekipa | Salomon 2000 | 13 | 44 | 150 |Finance | Fainance | 12 | 50 | 300 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Revenue SIT (mill) |Delo | 11,754 |Vecer | 4,053 |Delo Revije | 3,394 |Burda | 1,447 |Salomon | 1,140 |Primorske Novice | 1,006 |Salomon 2000 | 980 |CZD Kmecki Glas | 783 |Mladina | 772 |Gorenjski Glas | 739 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:Slovene press agency (STA)SPAINLegal BaseLey 10/1988 de Televisión PrivadaAct on private Television 10/1988as amended by Act 62/2003Act 10/2005 digital terrestrial television ad deregulation of cable televisionRegulation of Media OwnershipOwnership Restrictions Television | Natural persons or legal entities that directly or indirectly hold share capital or voting rights of a licensed TV broadcasting company amounting to 5% or more in total cannot hold a further significant participation in another TV Broadcasting company. Act on private Television prohibits a relevant participation in two broadcasting companies with the same coverage in the same demarcation. It also forbids the holders of national television concessions to take part in the stock of a regional or local television concessionaire, provided the population of both demarcations exceeds 25% of the entire Spanish population. This prohibition also affects those undertakings owning holdings in a regional concessionaire who are interested in taking part in a local company. The limit set out is 25% of the regional population. Finally, the exercise of voting rights in different broadcasting television companies (national, regional or local) that share the same broadcast reception point is not permitted |Ownership restrictions Print | No restrictions only competition rules |Cross ownership restrictions | There are no provisions about cross-media ownership in Ley 10/1988 de Televisión Privada. Only general competition law applies. |Foreign ownership restrictions Print and TV | No restrictions for Print and TV. Non-EU nationals cannot hold more than 25% of a share capital of a licence-holder in the radio sector. |Restrictions for political parties and organisations |Market Situation – AudiovisualPublic broadcaster: Radio-Television Española (RTVE), channels: TVE 1 and TVE 2.Main national commercial operators: Gestevision Telecinco S.A, channel: Telecinco; Antena 3 de Television, channel: Antena 3; Sogecable, channel: Canal+ nationwide pay TV channel.In addition, there are a large number of regional public service channels that are operated by the Autonomous Communities, like: Televisió de Catalunya, Televisión Autonómica de Madrid S.A/Telemadrid, Televisión Autonómica Valenciana S.A/Canal,ETB, Televisión de Galicia/TVG, or Television Autonomica de Castilla-La Mancha. The autonomous T.V. channels have a combined viewer share of 18%.Audience share main channels 2004 - daily share(%):TVE 1 | TVE2 | Regional TV channels | Tele 5 | Antena 3 | Canal + Espana |21.4 | 6.8 | 18 | 22.1 | 20.8 | 1.8 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PressTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price Euro |El Pais | Diario El Pais | 468 | 2,155 | 1,00 |Marca | Recoletos | 380 | 2,619 | 0,95 |El Mundo del siglo XXI | Unidad Editorial | 308 | 1,314 | 1,00 |ABC | Prensa Española | 276 | 903 | 1,00 |La Vanguardia | La Vanguardia | 203 | 800 | 1,00 |As | Diario As | 203 | 939 | 0,85 |El Periodico de Catalunya | Ediciones Primera Plana | 171 | 884 | 1,00 |La Razón | Audivisual 2000 | 146 | 458 | 1,00 |El Correo Español | Diario El Correo | 126 | 544 | 0,95 |Sport | Edecasa | 122 | 625 | 0,90 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Circulation (000) |Diario El Pais | 468 |Recoletos (Marca & Expansion) | 426 |Unidad Editorial | 308 |Prensa Española | 276 |La Vanguardia Ediciones | 203 |Diario As | 203 |Ediciones Primera Plana | 171 |Audivisual Española 2000 | 146 |El Correo Español | 126 |Ediciones Deportivas Catalanas | 122 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:Agencia Canaria de Noticias (CAN PRESS)Agencia Aragoesa de Noticias (ARAGON PRESS)Axencia galega de Noticias (AGN)EFEEFE AgroEuropa pressSERVIMEDIASWEDENLegal BaseRadio and Television Act (1996:844)Competition ActRegulation of Media OwnershipOwnership Restrictions Television | Conditions for broadcasting licences may entail that the ownership structure and influence within an undertaking that receives a licence may only change to a limited extent. No person or entity may have more than one licence to broadcast local radio in a transmission area, unless special reasons apply. |Ownership restrictions Print | No restrictions |Cross ownership restrictions | No restrictions However, for reasons of pluralism, new licences will, in practice, not normally be given to a daily newspaper that has a dominant position in its distribution area. |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | No provisions |Market Situation – AudiovisualPublic service broadcaster: Sveriges Television (SVT), channels: SVT1, SVT2. It is financed via the licence fee and sponsorships and does not carry advertisements.Main commercial operators: TV4AB, channels: TV4; Kanal 5 A.B. channel: Kanal 5.Kanal 5 and TV 3 are established in the United Kingdom.Audience share main channels 2004 - daily share (%):SVT – 1 | SVT-2 | TV 3 | TV 4 | Femman/ Kanal 5 |24.8 | 14.9 | 10.1 | 24.4 | 8.3 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation - PressTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price SKr |Aftonbladet | Aftonbladet Hierta | 444 | 1,444 | 8-13 |Dagens Nyheter | Dagens Nyheter | 363 | 907 | 15 |Expressen inklusive GT och Kvällsposten | Kvällstidningen Expressen | 342 | 1,187 | 8-13 |Göteborgs-Posten | Göteborgs-Posten Nya | 246 | 577 | 12-15 |Svenska Dagbladet | Svenska Dagbladet & Co. | 179 | 471 | 15 |Sydsvenskan | Sydsvenska Dagbladets | 136 | 327 | 12-15 |Dagens Industri | Dagens Industri | 117 | 434 | 20 |Helsingborgs Dagblad | Helsingborgs Dagblad | 87 | 167 | 15 |Dalarnas Tidningar | Dalarnas Tidningar | 65 | 146 | 13 |Östgöta Correspondenten | Correspondenten i Linköping | 62 | 149 | 13 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)Circulation (000) |Bonnier | 1,027,200 |Schibsted | 623,300 |Tidnings Stampen | 246,000 |Gota Media | 169,700 |Gefle Dagblads Förvaltnings | 151,000 |Herenco | 135,000 |Centertidningar | 117,700 |Nya Wermlands- Tidningen | 109,800 |Norrköpings Tidningars | 62,000 |VLT | 47,200 |Source: World Association of Newspaper, Word Press Trends 2005News agencies:DIREKT NEWS AGENCYThe Swedish news agency (TT)UNITED KINGDOMLegal BaseCommunications Act 2003Regulation of Media OwnershipOwnership Restrictions Television | Secretary of State can intervene in media mergers that raise public interest considerations. Secretary of State can ask OFCOM and, if necessary, the Competition Commission to investigate any merger that could have a damaging effect on plurality, diversity or standards. It prevents unacceptable levels of cross media dominance and ensures a minimum level of plurality. |Ownership restrictions Print | Under the Communications Act 2003 any cross media ownership activity will trigger a public interest test that aims to ensure: plurality of ownership, economic benefits, no detrimental effect to the market. |Cross ownership restrictions | In every local area of the UK there must be at last three separate commercial media companies providing newspapers, radio, and terrestrial television. Nobody controlling more than 20% of national newspaper circulation may own more than 20% of an ITV licence. Nobody owning a regional ITV licence may control more than 20% of the newspaper market in that region. Nobody owning a regional ITV licence may own a local radio station with more than 45% coverage of the same area. Nobody owning a local newspaper may own a local radio station where the newspaper accounts for more than 50% of the circulation within the station’s coverage area. |Foreign ownership restrictions Print and TV | No restrictions |Restrictions for political parties and organisations | Political organizations are not allowed to hold broadcasting licences of any kind |Market Situation – AudiovisualPublic Service Broadcaster: British Broadcasting Corporation BBC; channels: two national free-to-air channels, BBC1 and BBC 2 (with several regional versions) and a range of free digital channels (available on digital terrestrial and other platforms) including BBC3, a youth channel, BBC 4, BBC News 24, BBC. The principle source of income for the BBC is the licence fee because it has no advertising revenue but it does earn additional income through the distribution of television programmes, publishing, and videos via BBC Worldwide.Main commercial company: ITV Network Ltd, ITV runs now more than ten channels after the merger between Carlton and Granada. One of the other major channels is Channel 4. Channel 5 is the newest arrival on the terrestrial television network.Audience share of main channels 2004 - daily share (%):BBC 1 | BBC 2 | C4 | ITV | ITV 2 | Five | Sky one | Sky sports 1 |24.7 | 10 | 9.6 | 22.8 | 1.1 | 6.6 | 1.5 | 1.1 |Source: European Audiovisual Observatory, Yearbook 2005Market Situation – PressTop Ten Daily Newspapers (2004)Title | Publisher | Circulation (000) | Readership (000) | Cover price £ |The Sun | News International | 2.419 | 8.869 | 0.30 |The Daily Mail | Associated Newspapers | 2.093 | 5.665 | 0.40 |Daily Mirror | Trinity Mirror | 1.597 | 4.734 | 0.35 |Daily Express | Express Newspapers | 720 | 2.089 | 0.40 |The Daily Telegraph | Telegraph Group | 483 | 2.218 | 0.60 |Daily Star | Express Newspapers | 705 | 1.935 | 0.35 |The Times | News International | 485 | 1.629 | 0.50 |The Guardian | Guardian Newspaper | 288 | 1.072 | 0.60 |The Independent | Independent Newspapers | 179 | 628 | 0.60 |Financial Times | Financial Times | 101 | 495 | 1.00 |Source: World Association of Newspaper, Word Press Trends 2005Top Ten publishing companies (2004)News International |Daily Mail and General Trust |Trinity Mirror |Northern & Shell |Barclay Brothers |Guardian Media Group |Independent Newspapers |Pearson |Gannett |Sport Newspapers |Source: World Association of Newspaper, Word Press Trends 2005News Agencies:AFX NewsBRON CommunicationThe Press AssociationREUTERS [1] Council of Europe, Media Diversity in Europe, H/APMD(2003)001; Comments on the draft Convention on Cultural Diversity prepared by the International Network of Cultural Policy (INCP) (AP-MD(2003)004); Transnational media concentrations in Europe (AP-MD(2004)007) ;Report on Media Pluralism in the Digital Environment (CDMM(2000) pde); Recommendation No R (2000) 23 on the independence and functions of regulatory authorities for the broadcasting sector and its Explanatory Memorandum “Pluralism in the multi-channel market: suggestions for regulatory scrutiny” (MM-S-PL(1999)012def); Recommendation No R (99) 1 of the Committee of Ministers to member States on measures to promote media pluralism; Recommendation No R (96) 10 on the guarantee of the independence of public service broadcasting and its Explanatory Memorandum Recommendation No R (94) 13 of the Committee of Ministers to member States on measures to promote media transparency. White paper on a European Communication Policy - COM(2006) 374.[2] European Parliament resolution on the risks of violation, in the EU and especially in Italy, of freedom of expression and information (Article 11(2) of the Charter of Fundamental Rights) (2003/2237). European Parliament resolution on the application of Articles 4 and 5 of Directive 89/552/EEC (“Television without Frontiers”), as amended by Directive 97/36/EC, for the period 2001_2002, A6-0202/2005.[3] Pluralism and Media Concentration in the Internal Market: An Assessment of the Need for Community Action - COM(92) 480, 23.12.1992.Analysis of the ensuing consultation is contained in Communication to Parliament and Council: 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' - COM(94) 353, 5.10.1994.Green paper on services of General Interest - COM(2003) 270, 21.5.2003; White Paper on services of General Interest - COM(2004) 374, 12.5.2004.[4] Issues Paper for the Liverpool Audiovisual Conference Media Pluralism - What should be the European Union’s role?http://ec.europa.eu/comm/avpolicy/docs/reg/modernisation/issue_papers/ispa_mediapluralism_en.pdf[5] Organization for Security and Co-operation in Europe, Representative on Freedom of Media, The Impact of Concentration on Professional Journalism, Vienna 2003, p. 47.[6] The European Institute for the Media, Information of the citizen in the EU: obligation for the media and the Institutions concerning the citizen’s right to be fully and objectively informed, Düsseldorf 2004, p. 214.[7] This question is further analysed in: European Audiovisual Observatory, Media Regulation in the Interest of the Audience, Strasbourg, January 2006.[8] Issues Paper for the Liverpool Audiovisual Conference Media Pluralism - What should be the European Union’s role?http://ec.europa.eu/comm/avpolicy/docs/reg/modernisation/issue_papers/ispa_mediapluralism_en.pdf[9] The report prepared on behalf of the European Parliament analyses the variety of measures that are used to assess a company’s influence on the market, and to limit the influence of companies: circulation and audience share, number of licenses, capital shares, voting shares, advertising revenues, or involvement in a certain number of media sectors. Because of this fact, the report concludes that given these differences, it is difficult to propose any kind of harmonisation of rules between the EU Member States. “The systems have developed alongside and partly in response to the national markets, which in each country have specific characteristics” . The European Institute for the Media, The information of the citizen in the EU: obligations for the media and the Institutions concerning the citizen’s right to be fully and objectively informed, p. 222.[10] Open Society Institute report, Television across Europe, monitoring report 2005; Council of Europe, Media Diversity in Europe, December 2002; The European Institute for the Media, The information of the citizen in the EU: obligations for the media and the Institutions concerning the citizen’s right to be fully and objectively informed; European Audiovisual Observatory, Media Regulation in the Interest of the Audience, January 2006; Media power in Europe: The big picture of ownership, European Federation of Journalists, Brussels 2005.[11] European Audiovisual Observatory, Yearbook 2005, Economy of the radio and television industry in Europe Volume 1, p. 148.[12] World Association of Newspapers, World Press Trends 2005.[13] A study showed that even though concentration is high for national daily newspapers for example in France or Germany, this is offset by the fact that the readers rely much more heavily on consumption of regional newspapers. See: Media concentration and ownership in ten European countries, David Ward with Oliver Carsten Fueg and Alessandro D’Armo, Netherlands, 2004.[14] In the audiovisual field, for example one can notice a number of European or international channels that are available in different language versions. See : European Audiovisual Observatory Persky database http://www.obs.coe.int/db/persky/persky.html[15] Freedom of establishment and free provision of services are fundamental principles enshrined in Article 43 of the Treaty. Therefore there should not be discriminatory provisions although the protection of pluralism may justify non-discriminatory restrictions to both these freedoms.[16] European Audiovisual Observatory, Yearbook 2005 Volume 1, p. 26.[17] Media power in Europe: The big picture of ownership, European Federation of Journalists, Brussels 2005.[18] Media power in Europe: The big picture of ownership, European Federation of Journalists, Brussels 2005; Council of Europe, Transnational media concentration in Europe, Strasbourg 2004.[19] Council of Europe, Transnational media concentration in Europe, Strasbourg 2004.[20] Typically, voluntary codes of practice, used for instance in the example cited in footnote 13 above, and in the section on internal and external pluralism below. Certification in line with the practice of ISO 9001 quality management standards is a more recent option. See for example the ISAS 9001 broadcast and print media quality standards at http://www.certimedia.org/home.htm[21] Council of Europe, Report on Media Diversity in Europe (H/APMD(2003)001).[22] COM(2005) 646.[23] Study on the impact of measures concerning the promotion of the distribution and production of TV programmes (Community and national) provided for under Article 25(a) of the directive on television without frontiers http://europa.eu.int/comm/avpolicy/stat/studi_en.htm.Sixth Communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers", as amended by Directive 97/36/EC, for the period 2001-2002.http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:52004DC0524:EN:NOT[24] Protocol no 9 of the Treaty of Amsterdam amending the Treaty on the European Union (OJ C 340, 10.11.1997). Furthermore, a number of international instruments stress the importance of public service broadcasting organisations and their contribution to promoting diversity and pluralism. Although not all of these instruments are formally binding as a matter of law, they do provide valuable insight into the implications of freedom of expression and democracy for public service broadcasting. Council of Europe: Recommendation No R (99) 1 of the Committee of Ministers to member States on measures to promote media pluralism; Recommendation No R (96) 10 on the guarantee of the independence of public service broadcasting and its Explanatory Memorandum; Recommendation No R (94) 13 of the Committee of Ministers to Member States on measures to promote media transparency.[25] The study of the Open Society Institute 'Television across Europe' includes an analysis of the regulatory authorities containing information on their official status, the official appointment procedure for members, funding etc.[26] Recommendation No R (2000) 23 of the committee of ministers to Member States on the independence and functions of regulatory authorities of the broadcasting sector.[27] COM(2005) 646.[28] C. Marsden, Pluralism in the Multi-channel Market, Suggestions for Regulatory Scrutiny, Report for Council of Europe, October 1999.[29] Recommendation No R (99) 1 of the Committee of Ministers to Member States on measures to promote media pluralism.[30] The most recently-concluded case is M2878, Newscorp/Telepiu. The resulting Commission Decision C(2003) 1082 final, 2.4.2004 features a very comprehensive set of remedies. Earlier cases include those referred to in footnotes 12, 37 and 38 of this Decision.[31] Directive 95/47/EC of the European Parliament and of the Council of 24 October 1995 on the use of standards for the transmission of television signals (OJ L 281, 23.11.1995, p. 51).[32] OJ L 108, 24.4.2002, p. 1.[33] New issues such as ‘Net Neutrality’ – the ability of a network provider to offer different levels of quality-of-service for internet content travelling over its network – will be covered in the forthcoming Electronic Communications Review.[34] See footnote 32.[35] Communication on interoperability of interactive TV services - COM(2004) 541.http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52004DC0541:EN:NOT[36] See for instance the debate on media pluralism at the Liverpool Audiovisual ConferencehoEÛh[pic]mHnHu[pic]2[37]?jÙ[pic]hoEÛhu>*[pic]B*[38]U[pic]mHnHphÿu[pic]hoEÛmHnHu[pic]hxAhoEÛ0JÂmHnHu[pic]$jhxAhoEÛ0JÂU[pic]mHnHu[pic]jhPKÛh õU[pic]  h¬[39]Áh õh-ð  hPKÛh õ  hPKÛhttp://ec.europa.eu/comm/avpolicy/reg/tvwf/modernisation/liverpool_2005/index_en.htm" [pic]http://ec.europa.eu/comm/avpolicy/reg/tvwf/modernisation/liverpool_2005/index_en.htm[40] Some commentators seem to assert that the internal and external pluralism public authorities could assert over 5 national channels of analogue terrestrial TV is superior to the “bottom up” diversity of 500 digital channels. In the words of one participant at the Liverpool Audiovisual Conference, “There's a big difference between simple variety and genuine choice”.See http://www.bbc.co.uk/pressoffice/speeches/stories/thompson_presidential.shtml[41] See David Graham and Associates Limited, Impact Study of Measures (Community and National) Concerning the Promotion of Distribution and Production of TV Programmes Provided for Under Article 25(a) of the TV Without Frontiers Directive Final Report , Section 8.2.3 Channel-based regressions results.[42] Recently, DVD revenues have played an important role in the annual renewal of some US drama series such as Fox’s 24 and re-ignited UK TV producers’ interest in the high-risk comedy genre following the success of BBC’s Little Britain on DVD. On-line revenues could also be very significant in future.[43] Debates with publishers in a number of Member States as to how far Public Service Broadcasters should be active on the web are a testimonial to the tensions that can arise.[44] Blogs and web sites are already common. Google has a video platform in beta-testing that would facilitate the distribution of videos by members of the public and allows for remuneration. See https://upload.video.google.com/video_faq.html[45] Innovations like “Really Simple Syndication” are significant. RSS enables users to subscribe to automatic alerts from web sites, the latest news for instance. Users no longer have to take the initiative to visit a particular web site regularly to check for updates.[46] DG Information Society has constituted a high level group on media literacy which first met during the course of 2006. The terms of reference includes media literacy in the on-line environment, encompassing issues such as this one.[47] In relation to freedom of expression, commentators have been more concerned by the willingness of search engines to limit their search capabilities in countries that are not yet democracies in order to secure a commercial position.[48] Open Society Institute report, Television across Europe , monitoring report 2005; Council of Europe, Media Diversity in Europe, December 2002; The European Institute for the Media, The information of the citizen in the EU: obligations for the media and the Institutions concerning the citizen’s right to be fully and objectively informed. The Commission gratefully acknowledges access to an copy during the preparation of this staff working paper. European Audiovisual Observatory, Media Regulation in the Interest of the Audience, January 2006; Media power in Europe: The big picture of ownership, European Federation of Journalists, Brussels 2005. In addition a number of publications, analysis and recommendations on this issue were made by the Organisation for Economic Co-operation and Development, e.g. Cross-ownership and convergence, policy issues, 1998, Media mergers, 2003; L’infrastructure mondiale de l’information et la société mondiale de l’information: Recommandations pour l’action des pouvoirs publiques, 2001.[49] Risk assessment is a systematic analytical process based on predetermined risk criteria, professional judgment and experience to determine the probability that an adverse condition will occur.