European Regulation on Freedom of the Media (EMFA): ERGA publishes its opinion supporting the initiative and summoning the effective independence of the new European Committee for Media Services
Arcom summons attention to the following press release from the ERGA presidency
On November 25, 2022, ERGA adopted its position on the European Commission's proposal for a European Media FreedomAct (EMFA). This major legislative project aims to protect the freedom, plurality and independence of the media, and to ensure the smooth functioning of the internal media market within the European Union. European citizens must have access to an independent and plurality media supply in order to form an opinion and thus participate in democratic life in an informed way.
In this respect, ERGA welcomes EMFA and endorses its objectives. ERGA welcomes the EMFA's general principles-based approach and reasonable level of minimum harmonization. ERGA also welcomes the ambition of the proposal, which covers a wide range of relevant topics such as the rights and obligations of media service providers, the protection of journalists and public service media.
ERGA is particularly pleased that EMFA addresses important issues such as the treatment of media content by large online platforms and the problems associated with media service providers established outside the Union. In this respect, ERGA proposes concrete solutions to further strengthen these essential schemes.
With regard to new governance, ERGA welcomes the creation of the European Committee for Media Services, which will replace it and be given new responsibilities. ERGA members share the European Commission's view that strengthening coordination and collective deliberation between national regulatory authorities (NRAs) can bring significant added value to the application of EMFA. Of particular importance is the creation of a specific "structured cooperation" mechanism, which will contribute to strengthening the legal certainty, predictability and robustness of cross-border regulatory cooperation.
While giving its general support to the proposal, ERGA summons attention to the need to remedy the weaknesses of the new institutional design, and raises certain concerns already flagged up in its contribution to the European Commission's public consultation, as well as in its initial reaction.
One of these concerns the status of the European Committee for Media Services and its effective independence, including from the European Commission. The Committee must do more than assist the Commission, and its ability to act on its own initiative must be explicitly recognized. It is essential that the Committee should not have to demand the Commission's agreement when drafting and adopting its acts and opinions, and generally when carrying out its tasks. Furthermore, the Committee must be able to manage its internal operations independently.
With this in mind, and given that the Committee's effective independence is closely linked to its operational organization, ERGA demands that the Committee's secretariat be separated from the Commission. Lastly, it is crucial that the future Committee and its members be provided with adequate human and financial resources to enable them to carry out all their new tasks under the EMFA rules.
"ERGA supports the EMFA proposal, which represents a major step forward for the EU, and fully endorses its objectives. I am confident that the co-legislators will effectively address the shortcomings identified by ERGA.To this end, ERGA will continue to stand ready to provide its technical advice and to engage in dialogue with all relevant political actors", said ERGA Chairman Karim Ibourki.
Here is ERGA's position.
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European Media Freedom Act (EMFA): ERGA adopts its Position Paper supporting the initiative and calling for an effective independence of the new European Board for Media Services.
On the 25th November 2022, ERGA adopted its position paper on the European Commission's proposal for a European Media Freedom Act (EMFA). This major legislative project aims at protecting media freedom, pluralism and independence as well as ensuring a well-functioning internal market for media in the EU. European citizens need to access an independent and pluralistic media offer in order to form their opinions and thus effectively participate in the democratic life.
In this regard, ERGA welcomes the EMFA and endorses its the objectives. ERGA notes positively the principle based-approach and the reasonable level of minimum harmonisation. ERGA also commends the ambition of the proposal, which covers a wide range of relevant themes such as the rights and obligations of media service providers, the protection of journalists, and the public service media. ERGA welcomes in particular that EMFA intends to address important issues such as the treatment of media content online and the problems related to media services providers established outside the Union. ERGA is proposing concrete solutions to further strengthen these key provisions.
Concerning the new governance, ERGA welcomes the establishment of the European Board for Media Services, which will replace ERGA and will be entrusted with new responsibilities. ERGA members share the Commission's view that a strengthened coordination and collective deliberation among national regulatory authorities (NRAs) can bring significant added value to EU enforcement of media regulation. Of particular relevance is the creation of a specific mechanism for "structured cooperation" that will help to strengthen the legal certainty, predictability, and robustness of cross-border regulatory cooperation.
Notwithstanding its overall support for the proposal, ERGA also draws the attention to the need to address the weaknesses of the new institutional design and raises certain concerns already flagged in its contribution to the public consultation launched by the European Commission, and in its initial reaction. One of the concerns relates to the status of the Board and its effective independence, including from the European Commission. The Board has to do more than assist the Commission and has to be able to act on its own initiative, not being required to have to seek agreement with the Commission when drafting its opinions and more in general when performing its tasks. Moreover, the Board has to have the power to independently manage its own internal affairs. In the same vein and since the effective independence of the Board is intertwined with the operational set-up, ERGA calls for a secretariat operating separately from the Commission. Finally, it is crucial that the future Board and all its members are equipped with adequate human and financial resources to effectively carry out all their new tasks and properly implement the new rules.
"ERGA supports the EMFA proposal, which represents a major step forward for the EU, and fully endorses its goals. I am confident that the co-legislators will effectively address the shortcomings ERGA has identified.To this end, ERGA will continue to stand ready to provide its technical advice and dialogue with all relevant political actors" said Karim Ibourki, ERGA Chair.
Here the position paper.
Press release
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- in french