ERGA submits its contributions to the public consultation on the European Media Freedom Act (EMFA)
*Arcom summons attention to the ERGA Presidency press release (in English and French)*.
Media freedom and plurality are essential pillars of our democratic societies based on the rule of law. These principles enable citizens to freely form their opinions and participate in democratic debate. The democratic responsibility of the media is all the more important in times of crisis.
In this context, ERGA members support the Commission's EMFA initiative and its general objectives of strengthening media freedom, independence and plurality, as highlighted by ERGA in its official position.
In its contribution to the public consultation, ERGA supports the objectives of transparency, notably on the issue of media ownership, market operations and state advertising in the media. ERGA also considers that EMFA should propose European standards on basic principles in the many key areas of media regulation. This would include standards for safeguarding the editorial independence and plurality of European media, balanced and unbiased media coverage, audience measurement, principles of independence for public service media, and procedural norms for assessing the risk to plurality posed by media market transactions.
ERGA underlines the sensitivity of these issues, which are traditionally governed by national laws that differ from one country to another. It is therefore very important that the protection of fundamental European values is ensured, while respecting the principle of subsidiarity: EMFA should not hinder the smooth operation of established national rules. Finally, the EMFA should carefully consider its complementarity with other existing or forthcoming European legal frameworks, such as the Audiovisual Media Services Directive, the Digital Services Act, the Digital Market Act and the Regulation on the transparency and targeting of political advertising.
Finally, ERGA welcomes the Commission's proposal to refer to a network of independent national regulators as part of the implementation of the EMFA. In this respect, ERGA stresses the importance of effective independence for regulators, and summons the strengthening of its resources and the establishment of an appropriate institutional manager to enable ERGA to assume its potential new responsibilities.ERGA could ensure an exchange of best practices between regulators, contribute to transparency registers, draft guidelines and notices, monitor the risks posed by online platforms to media plurality, and issue non-binding opinions and observations on specific cases. The Memorandum of Understanding, which already ensures successful cross-border cooperation between ERGA members, could be strengthened in this respect.
Should these new missions be confirmed, it will be crucial for ERGA members to benefit from sufficient human and financial resources, as well as clear legal mandates. These resources will be essential to enable independent regulators to be fully involved and contribute efficiently to the implementation of the EMFA.
"A strengthening ERGA is needed to ensure the implementation of EMFA and meet its important objectives. At the same time, it is the national regulators who are in the driving seat, and their financial and human means must be strengthened. Furthermore, against the backdrop of the current international crisis, ERGA members have decided to set up an ad hoc group to discuss the various possibilities to be taken into account within the EMFA manager with regard to third-country-influenced media. The group's projects will begin shortly. Karim Ibourki, President of ERGA
Browse the original press release here
About ERGA:
The European Regulators Group for Audiovisual Media Services (ERGA) is composed of the national regulatory authorities in the field of audiovisual media services. ERGA advises the European Commission and facilitates cooperation between regulatory bodies in the EU. Mr. Karim Ibourki, President of the Belgian French Superior Audiovisual Council (French Superior Audiovisual Council), is the current Chairman of ERGA.
About Arcom :
Arcom is an independent public authority that guarantees freedom of communication. Its mission is to ensure that the public has access to a plurality of audio and video supplies that respect rights and freedoms, to defend creation and to contribute to the fight agains unlawful and problematic content on the Internet.
Press release
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- in french