Proposal for a Regulation on a common framework for safeguarding media freedom and pluralism in the European Union (European Media Freedom Act)
Date: 2021-12-21
Institutions: Directorate-General for Communications Networks, Content and Technology, European Commission
Subjects: single market

CALL FOR EVIDENCE 
FOR AN IMPACT ASSESSMENT 

This document aims to inform the public and stakeholders on the Commission's future legislative work 
so  they  can  provide  feedback  on  the  Commission's  understanding  of  the  problem  and  possible 
solutions, and give us any relevant information that they may have, including on possible impacts of the 
different options. 

TITLE OF THE INITIATIVE 

Safeguarding media freedom and pluralism in the internal market (Media Freedom 
Act) 

LEAD  DG  (RESPONSIBLE 
UNIT)  

CNECT I.1 

LIKELY TYPE OF INITIATIVE 

Legislative 

INDICATIVE TIMETABLE 

Q3 2022 

ADDITIONAL INFORMATION 

This  document  is  for  information  purposes  only.  It  does  not  prejudge  the  final  decision  of  the 
Commission on whether this initiative will be pursued or on its final content. All elements of the initiative 
described, including its timing, are subject to change. 

A. Political context, problem definition and subsidiarity check   

Political context   

Eliminating  the barriers to the establishment and operation of  media  services is essential  for the completion of a 
genuine internal media market. The internal market freedoms go hand in hand with the protection of media freedom 
and pluralism, which are essential pillars of democratic systems based on the rule of law. In the 2021 State of the 
Union address, President von der Leyen stressed that media companies cannot be treated as any other businesses 
and that their independence must be protected at EU level.  

In  the  European  Democracy  Action  Plan,  the  Commission  proposed  a  set  of  measures  to  promote  democratic 
participation,  to  fight  disinformation  and  to  support  free  and  independent  media.  In  this  context,  it  adopted  a 
Recommendation on the protection, safety and empowerment of journalists and is preparing an initiative to protect 
journalists  and  rights  defenders  from  abusive  litigation  (SLAPP).  The  revised  Audiovisual  Media  Services 
Directive  (AVMSD) lays  down  rules  for the  independence  of  media  regulators,  promotes  transparency  of  media 
ownership and recognises that editorial decisions should be free from interference. In the Media and Audiovisual 
Action  Plan,  the  Commission  set  out  a  series  of  actions  to  strengthen  financial  sustainability  and  digital 
transformation of the media sector.  

In  this  context,  the  objective  of  this  initiative,  included  in  the  2022  Commission  Work  Programme,  will  be  to 
establish a common framework for advancing the internal market in the media sector, thereby safeguarding media 
freedom  and  pluralism  in  that  market.  It  will  be  coherent  with  the  EU’s  efforts  in  nurturing,  protecting  and 
strengthening  our  democracy,  which  are  at  the  heart  of  the  Commission’s  priorities  set  out  in  President  von  der 
Leyen’s political guidelines. 

Problem the initiative aims to tackle  

The internal media market is affected by (i) different national rules on media pluralism, (ii) insufficient structures 

 
 
 
 
 
 
for  cooperation  between  independent  media  regulators,  (iii)  instances  of  public  and  private  interference  in  the 
ownership,  management  or  operation  of  media  outlets,1  and  (iv)  lack  of  media  pluralism  safeguards,  including 
online. 

In  particular,  media  actors  are  confronted  with  different  national  substantive  rules  and  scrutiny  procedures  over 
media  market  operations,  and  other  restrictions  related  to  market  entry  and  operation.  An  insufficient  level  of 
transparency  on  media  ownership  and  shortcomings  in  comparable  audience  measurement  mechanisms  may 
prevent media companies from making informed business decisions. Convergence in the internal media market is 
also  impeded  by  diverging  interpretation  of  regulatory  concepts  relevant  for  media  pluralism.  Moreover,  market 
development is inhibited by insufficient structured cooperation mechanisms for media regulators as well as limited 
and  fragmented  incentives  to  foster  media  self-regulation.  European  media  are  also  constrained  by  insufficient 
incentives to innovate and cooperate across borders, including through regulatory or financial tools.  

At the same time, instances of public and private interference weaken media independence. State resources may be 
used to put pressure on media, distorting competition in the internal market. Moreover, interference in editorial and 
management  decisions  of  the  media,  which  may  lead  to  biased  media  coverage,  among  other  issues,  can  affect 
investment  or  market  entry  decisions.  Finally,  online  diffusion  and  amplification  techniques  may  accentuate  the 
problems, ultimately to the detriment of the diversity of the media offer.  

The problems outlined above have a direct impact on the functioning of the EU single market for media: they stem 
from and lead to regulatory fragmentation and deprive media market players of legal and market certainty.  

Basis for EU action (legal basis and subsidiarity check)   

The initiative will be based on the competence to adopt measures for the approximation of the provisions laid down 
by law, regulation or administrative action in Member States, which have as their objective the establishment and 
functioning  of  the  internal  market  under  Article  114  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU). 

The  initiative  will  build  upon  the  revised  AVMSD  and  will  complement  competition  rules2.  It  will  be 
complementary to the Digital Services Act package3 and be fully aligned with the provisions of the Protocol on the 
system of public broadcasting in the Member States (the ‘Amsterdam Protocol’). 

Practical need for EU action 

The  initiative  will  only  focus  on  the  areas  where  EU  action  appears  necessary  for  the  proper  functioning  of  the 
internal media market and for ensuring a level playing field and independent operation of media players across the 
EU.  

Neither the revised AVMSD nor EU competition rules can effectively address the problems outlined above, as such 
problems  go  beyond  their  scope  or  remit  of  application.  Given  the  nature  of  the  problems,  in  particular  the 
regulatory fragmentation, only coordinated action at EU level can effectively remove obstacles faced by European 
media market players, especially those operating across borders, and provide further legal certainty.  

While Member States will continue enjoying flexibility to tailor their national media laws to their specificities, only 
common principles and reinforced cooperation in the areas identified will enable media market players to operate 
smoothly across borders in the EU internal market. 

B. Objectives and policy options  

1  As  confirmed  by  the  2020  and 2021  Commission’s  Rule of  Law  Reports  as  well  as  the  recent editions  of  the  Media Pluralism  Monitor 

(MPM).  

2  EU  competition  rules,  including  the  antitrust  framework  (Articles  101  and  102  of  the  TFEU  and  the  Regulation  on  the  control  of 
concentrations between undertakings), State aid rules (Article 107 of the TFEU) as well as the specific provisions for Services of General 
Economic Interest (Article 106 of the TFEU), can contribute to media pluralism by fostering competition in media markets but do not have 
pluralism as an objective and are not the adequate tool for reaching the objective of the initiative. 
3 The Proposal for a  Regulation of the European Parliament and of the Council  on a Single Market For Digital Services (Digital Services 
Act) and amending Directive 2000/31/EC and Proposal for a Regulation of the European Parliament and of the Council on contestable and 
fair markets in the digital sector (Digital Markets Act). 

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The key objectives of the initiative will be to:  

-  ensure  that  media  companies  can  operate  in  the  internal  market  subject  to  consistent  regulatory  standards, 
including as regards on media freedom and pluralism;  

 - ensure that EU citizens have access to a wide and varied media offer both offline and online; 

- safeguard the editorial independence and independent management of the media, which is a precondition of media 
freedom and of the integrity of the internal market;  

-  foster  undistorted  competition  between  media  companies  by  ensuring  a  transparent  and  fair  allocation  of  state 
resources.  

In the baseline scenario, the Commission would not propose any changes to the current legislative framework and 
would continue monitoring the national developments through the annual Rule of Law Reports, which will include 
as of 2022 concrete recommendations to the Member States. 

The  AVMSD  would  continue  to  be  the  only  instrument  of  EU  media  law,  with  limited  impact  on  the  issues 
identified above. There would be no EU-level possibility to intervene in media market transactions to ensure media 
pluralism through the application of EU competition law. 

Independent  media  regulators  within  the  European  Regulators  Group  for  Audiovisual  Media  Services  (ERGA) 
would  continue  to  play  a  role  in  ensuring  the  enforcement  of  existing  EU  media  rules,  but  without  structured 
cooperation channels. ERGA would also have limited impact on further market convergence.   

The other preliminary options to be explored are the following: 

Option 1: Recommendation addressed to Member States 

The  recommendation  would  encourage  Member  States  to  implement  a  number  of  actions  in  relation  to,  among 
others,  national  scrutiny  procedures  over  media  market  operations,  restrictions  to  market  entry  and  operation, 
media ownership transparency, protection of editorial independence and media diversity and transparent allocation 
of state resources. 

The  recommendation  could  envisage  a  monitoring  mechanism  for  the  Commission  in  order  to  encourage  its 
application by the Member States. The existing ERGA could serve as a forum for exchange of best practices.  

Option 2: Legislative instrument, underpinned by a reinforced EU network of independent media regulators  

EU  legislation  would  establish  common  principles for  national  scrutiny  procedures  of  media  market  transactions 
and  other  restrictions  to  market  entry  and  operation  of  the  media.  It  would  also  envisage  measures  to  enhance 
transparency of media markets.  

EU  legislation  would  also  set  out  principles  for  the  protection  of  editorial  independence  of  the  media  and  the 
transparent allocation of state resources in the media sector. It would also aim to foster consistent regulatory and 
self-regulatory standards relevant for media pluralism, offline and online.  

It  would  aim  to  create  an  enabling  framework  for  media  companies  to  foster  innovation  and  cooperation  across 
borders, in view of contributing to the sector’s financial independence and long-term sustainability. 

The instrument would be underpinned by an effective and independent monitoring mechanism at the EU level and 
a structured cooperation framework for media regulators. It could build on the existing EU network of independent 
media regulators (ERGA), potentially reinforced with necessary powers and resources.  

The design of the options above will be adjusted and further refined during the impact assessment process. 

C.  Likely impacts  

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1)  Likely economic impacts 

The  initiative  is  expected  to  provide  media  companies  with  greater  legal  certainty,  improved  market  access  and 
economic  growth  opportunities,  which  are  particularly  important considering  that the  EU  media  sector  is largely 
composed  by  SMEs.  This  would  also  provide  greater  incentives  for  media  companies  to  invest  across  borders, 
given the reduced risks of obstructive national rules or procedures, as well as enhanced regulatory cooperation and 
convergence  across  the  EU.  The  initiative  would  also  help  to  improve  the  level  playing  field  between  all  media 
actors.  

2)  Likely social impacts 

Taking into consideration that the European media sector  contributes to job creation and growth with a turnover 
exceeding  3%  of  GDP4,  a  strong  internal  market  for  media  can  bring  further  employment  opportunities  and 
facilitate  social inclusion.  The  initiative  is  also  likely  to  contribute to  the  media  sector’s  development  and at the 
same  time  help  fulfil  the  media’s  societal  role  to  inform  citizens  and  enable  them  to  shape  their  opinions.  The 
initiative would also help the relevant regulatory authorities be more effective in safeguarding the special role of 
the media.  

3)  Likely impacts on fundamental rights 

If  adopted,  the  initiative  would  help  to  safeguard  freedom  of  expression,  as  stipulated  in  Article  11  of  the  EU 
Charter of Fundamental Rights. The initiative would also support the fundamental values of the EU stipulated in 
Article 2 of the Treaty on European Union, given the role that independent media actors play in democratic systems 
based  on  the  rule  of  law.  It  could  have  a  positive  impact  on  the  freedom  to  conduct a  business,  in  particular by 
limiting the risks of certain media players being subject to discriminatory treatment.  

4)  Likely impacts on simplification and/or administrative burden  

All  options  could  lead  to  some  additional  administrative  burden  on  public  authorities.  However,  such  a  burden 
would be counterbalanced by the significant reduction of the burden on market players resulting from streamlined 
procedures  and  lower  risks  of  obstructive  rules  or  administrative  behaviour.  Due  to  lower  regulatory  costs,  the 
burden on media players would decrease and, at the same time, such players would benefit from a higher level of 
legal certainty.  

5)  Likely environmental impacts 

No significant environmental impacts are expected. A limited negative impact could result from additional storage 
required for the increased electronic correspondence or the technical and organisational actions under option 2.  

D. Better regulation instruments  

Impact assessment  

A detailed impact assessment will be conducted to deepen the problem analysis and assess policy options.  

The  impact  assessment  will  rely  on  an  evidence  collection  exercise  covering  different  existing  sources  such  as 
regular  studies  (e.g.  the  Media  Pluralism  Monitor)  and  reports  from  the  Commission  (Rule  of  Law  reports), 
publications of international organisations, input from different stakeholders and review of academic literature.  

In addition, the Commission has launched targeted, ad hoc studies to provide supplementary evidence. The studies 
will  provide  evidence  on  the  initiative’s  potential  economic  and  social  impacts  as  well  as  its  likely  impacts  on 
fundamental rights. 

The completion of the impact assessment is planned for Q2 2022. 

Consultation strategy  

4   As mentioned in the Media and Audiovisual Action Plan, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020DC0784  

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Feedback  received  in  response  to  this  Call  for  Evidence  document  will  provide  early  evidence  and  stakeholder 
views on the possible policy options.  

The consultation strategy includes also an online public consultation to be launched in early January 2022. 

All stakeholders listed under the target audience will be invited to participate in the consultation. The questionnaire 
will be available in all EU languages, and replies may be also provided in all EU official languages.  

The  Commission  will  also  carry  out  a  series  of  targeted consultation activities, including  expert  workshops  (e.g. 
consultations  with  media  experts  and  academics  under  the  umbrella  of  ERGA  Academy)  as  well  as  discussions 
with Member States in relevant fora, for instance in the Contact Committee established under the AVMSD.  

Why we are consulting? 

Through this consultation, we would like to gather:  

1)  stakeholders’  views  on  the  current  and  emerging  problems  related  to  media  freedom  and  pluralism,  with  a 
specific focus on obstacles/issues affecting the operation of the media in the EU internal market; 

2) evidence and concrete data underpinning the problems identified, and  

3) stakeholders’ views on the potential policy approach, options and impacts. 

Target audience 

The  consultation  will  aim  to  collect  views  and  insights  from  citizens,  relevant  Member  States’  authorities  and 
bodies, academics, media  actors (both private and public service media) and umbrella organisations representing 
any of the interested stakeholders. 

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