ERGA adopts its position for the EMFA trialogues and calls for swift completion of the legislative process
*Arcom summons attention to the ERGA Presidency press release translated into French*.
On the eve of the trilogues on the European regulation on media freedom, the European Regulators Group for Audiovisual Media Services (ERGA) wishes to congratulate the Council and the European Parliament on the rapid adoption of their respective positions on this major issue for European democracies and media markets. ERGA welcomes the overall convergence of these positions, and hopes that the text will be rapidly finalized before the end of the current European legislature. Having adopted its position on the Commission's proposal in November 2022[1], as well as a series of proposed amendments in the first half of 2023[2] and a statement on EMFA[3], ERGA has adopted an updated position[4] ahead of the trilogues.
While repeating its support for the regulation, ERGA summons the co-legislators to take into account the views of media regulators, in particular:
- Ensuring that EMFA's governance lives up to expectations: the future European Committee for Media Services requires effective independence, an appropriate structure and adequate powers and resources to be able to fulfill the many new tasks conferred on it by the Regulation. To this end, ERGA believes that the European Parliament's proposal to create a European Union body with legal personality and supported by an independent secretariat is the way forward.
- Ensuring that, at national level too, national regulatory authorities or bodies have sufficient resources, commensurate with the new tasks entrusted to them by the EMFA: this is a prerequisite if these authorities are to be able to carry out effectively the important new tasks entrusted to them, and contribute to those falling to the Committee.
- Given the challenges associated with dealing with problematic media under the influence or control of third countries, ensure that the Committee can be properly involved in coordinating measures, which should cover a wide range of media "originating outside the European Union".
- With regard to the treatment of media coverage on online platforms, ensure that media service providers can benefit from an effective privilege, which must be designed to avoid granting this regime to "rogue players", and be based on a fluid procedure for both the media and the very large online platforms, with the involvement of media regulators.
- With regard to national measures and media concentration operations, ensure that the scope of the schemes is proportionate and in line with EMFA's objectives of protecting media freedom and plurality, while guaranteeing legal certainty and a reasonable administrative burden for all parties concerned.
- For audience measurement, ensure that the current disparity is effectively reduced, notably through an independent annual audit of the methodologies used by self-measuring entities, and guarantee that media service providers have access to audience data relating to their content and services.
ERGA Chairman Giacomo Lasorella said: "ERGA repeats its conviction that a common manager for the media sector in the EU, based on fundamental principles and respecting effectively functioning national schemes, is highly relevant and necessary. ERGA and its members look forward to the swift approval of the EMFA and stand ready to contribute their experience and expertise to the swift and effective implementation of its provisions".
[1] ERGA's position on the European Commission's proposal for a European law on media freedom (November 2022).
[2] ERGA proposals for amendments to EMFA art.7-16 (February 2023), art.17-18 (April 2023) and art.23 (May 2023).
[3] ERGA statement on EMFA (June 2023).
[4] ERGA notices for EMFA trialogues (October 2023).
Press release
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- in french
ERGA notices for EMFA trialogues
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