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IRIS Plus 2021-2 - Media regulatory authorities and the challenges of cooperation (2022)
The current challenges facing National Regulatory Authorities and how cooperation between the various NRAs can strengthen their mission.
NRAs are the guardians of freedom of expression and pluralism in broadcast and online media. They perform their duties by interpreting and implementing rules, and balancing interests, as reflected in their regulatory, monitoring, and sanctioning activities. And given their importance, these fundamental roles must be placed in the hands of an institution that bows to no one – neither the government nor private third parties. Only then is it guaranteed that decisions affecting media freedom and pluralism, as the twin pillars of democratic systems based on the rule of law, are made without taking into consideration any spurious interests, and that those affected by such decisions (broadcasters, VOD services, VSPs but also citizens) can trust them.
However, as explained in a recent IRIS Special on the independence of media regulatory authorities in Europe,1 de jure independence does not always coincide with de facto independence.
The hard truth is that media NRAs have faced unprecedented challenges in recent years, notably due to the complexification of the media ecosystem and the changing nature of regulation.
This publication provides a snapshot – in a state of flux – of the various issues at stake in this respect, and is the fruit of intense cooperation between the European Audiovisual Observatory and the European Platform of Regulatory Authorities (EPRA).
NRAs are the guardians of freedom of expression and pluralism in broadcast and online media. They perform their duties by interpreting and implementing rules, and balancing interests, as reflected in their regulatory, monitoring, and sanctioning activities. And given their importance, these fundamental roles must be placed in the hands of an institution that bows to no one – neither the government nor private third parties. Only then is it guaranteed that decisions affecting media freedom and pluralism, as the twin pillars of democratic systems based on the rule of law, are made without taking into consideration any spurious interests, and that those affected by such decisions (broadcasters, VOD services, VSPs but also citizens) can trust them.
However, as explained in a recent IRIS Special on the independence of media regulatory authorities in Europe,1 de jure independence does not always coincide with de facto independence.
The hard truth is that media NRAs have faced unprecedented challenges in recent years, notably due to the complexification of the media ecosystem and the changing nature of regulation.
This publication provides a snapshot – in a state of flux – of the various issues at stake in this respect, and is the fruit of intense cooperation between the European Audiovisual Observatory and the European Platform of Regulatory Authorities (EPRA).
1. Setting the scene
Figure 1. Typology of funding mechanisms
Figure 2. Number of staff of media NRAs
Figure 3. Non-converged / Converged NRAs
Figure 4. PSM supervision: Competence of NRAs
Figure 5. Expected change of mandate and/or structure of the NRA
1.1. A contrasting picture: The heterogeneity of media NRAs across Europe
1.2. Diversity in terms of structure and resources
1.3. Diversity in terms of powers and competences
1.4. Diversity in terms of functioning aspects: Independence and accountability
2. International legal framework
2.1. Council of Europe
2.2. European Union
2.2.1. Audiovisual Media Services Directive
2.2.2. The Digital Services Act package
2.2.3. Other recent developments
3. National examples
3.1. CZ - Czech Republic
3.2. FR - France
3.3. GB - United Kingdom
3.4. GR - Greece
3.5. IE - Ireland
3.6. LU - Luxembourg
3.7. SE - Sweden
4. Networks of media regulatory authorities
4.1. European cooperation networks
4.1.1. ERGA
4.1.2. European Platform of Regulatory Authorities
4.2. Other platforms with a cultural and linguistic focus
4.2.1. Mediterranean Network of Regulatory Authorities (MNRA)
4.2.2. Network of French-speaking media regulatory authorities (REFRAM)
4.2.3. Informal regional discussion fora
4.2.4. Baltic cooperation
4.2.5. Nordic cooperation
4.2.6. FR-DE-UK tripartite
5. Cross-sectoral cooperation
5.1. Emerging harms, policy interplays and the need for cross-sector regulatory cooperation
5.2. The importance of developing effective cooperation models
5.3. Different cross-sectoral cooperation and enforcement models at national and European level
6. State of play
6.1. Shared challenges for media NRAs across Europe
6.1.1. The changing media ecosystem
6.1.2. The changing nature of regulation
6.1.3. The changing relationships with citizens
6.2. Concluding remarks
FiguresFigure 1. Typology of funding mechanisms
Figure 2. Number of staff of media NRAs
Figure 3. Non-converged / Converged NRAs
Figure 4. PSM supervision: Competence of NRAs
Figure 5. Expected change of mandate and/or structure of the NRA
The current challenges facing National Regulatory Authorities and how cooperation between the various NRAs can strengthen their mission.
NRAs are the guardians of freedom of expression and pluralism in broadcast and online media. They perform their duties by interpreting and implementing rules, and balancing interests, as reflected in their regulatory, monitoring, and sanctioning activities. And given their importance, these fundamental roles must be placed in the hands of an institution that bows to no one – neither the government nor private third parties. Only then is it guaranteed that decisions affecting media freedom and pluralism, as the twin pillars of democratic systems based on the rule of law, are made without taking into consideration any spurious interests, and that those affected by such decisions (broadcasters, VOD services, VSPs but also citizens) can trust them.
However, as explained in a recent IRIS Special on the independence of media regulatory authorities in Europe,1 de jure independence does not always coincide with de facto independence.
The hard truth is that media NRAs have faced unprecedented challenges in recent years, notably due to the complexification of the media ecosystem and the changing nature of regulation.
This publication provides a snapshot – in a state of flux – of the various issues at stake in this respect, and is the fruit of intense cooperation between the European Audiovisual Observatory and the European Platform of Regulatory Authorities (EPRA).
NRAs are the guardians of freedom of expression and pluralism in broadcast and online media. They perform their duties by interpreting and implementing rules, and balancing interests, as reflected in their regulatory, monitoring, and sanctioning activities. And given their importance, these fundamental roles must be placed in the hands of an institution that bows to no one – neither the government nor private third parties. Only then is it guaranteed that decisions affecting media freedom and pluralism, as the twin pillars of democratic systems based on the rule of law, are made without taking into consideration any spurious interests, and that those affected by such decisions (broadcasters, VOD services, VSPs but also citizens) can trust them.
However, as explained in a recent IRIS Special on the independence of media regulatory authorities in Europe,1 de jure independence does not always coincide with de facto independence.
The hard truth is that media NRAs have faced unprecedented challenges in recent years, notably due to the complexification of the media ecosystem and the changing nature of regulation.
This publication provides a snapshot – in a state of flux – of the various issues at stake in this respect, and is the fruit of intense cooperation between the European Audiovisual Observatory and the European Platform of Regulatory Authorities (EPRA).