Legal & Policy

Protecting the independence and diversity of media in Europe

A thriving public service media (PSM) upholds the freedom of expression and the right to information, while empowering journalists to work to the highest standards. It enables people to seek and receive information, and promotes the values of democracy, diversity, and social cohesion.

Securing Media Independence

One of the main challenges of public service media is to secure the right level of independence from those holding economic and political power, while ensuring appropriate funding. The organization of PSM and the definition of the public service remit is a question for individual Member States. EU initiatives on media independence and enhancing transparency of media ownership should not impinge on Member States’ competence to act but should complement relevant national rules.

An Independent And Sustainable Governance Framework

PSM’s independence from political and commercial interests hinges on sustainable and predictable funding combined with an appropriate governance framework. Although there is no “one size fits all” approach to how PSM is set up at the national level, the governance framework should follow the principles of independence, accountability, and sustainability.

Protection Of Journalism

Journalists and media professionals are increasingly exposed to hostility, harassment, and violence offline and online. The editorial independence of media organizations must be protected. EU legal initiatives on journalist protection must be consistent with the standards of the Council of Europe. See our work on journalist safety.

Key principles for a safe, pluralistic and open media landscape

The Audiovisual Media Services Directive (AVMSD) is the legal framework that establishes principles for a thriving media landscape in Europe.  

Ensure Prominence Of General Interest Content Everywhere

The AVMSD allows national regulators to take measures ensuring the prominence of general interest content and services. TV manufacturers, aggregators of audiovisual media services as well as online platforms have a clear incentive to draw audiences to content that furthers their commercial interests. This risks marginalizing content and services of general interest. National policymakers must establish modern rules to make public service media (PSM) content and services prominent and ensuring their accessibility for everyone.   

Protection Of Content Integrity

The AVMSD states that programmes and audiovisual media services should not be altered, interrupted, or overlaid by third-parties for commercial purposes, without the media service provider’s explicit consent. We encourage national legislators to adopt comprehensive and effective rules to protect content integrity.

Increase Responsibility Of Online Providers And Strengthen Fairness

The AVMSD introduces new responsibilities for video-sharing platform service providers, for instance in terms of basic advertising rules. We believe that these new rules are an important first step to increase the responsibility of these providers and to strengthen fairness in the European audiovisual media sector if effectively and consistently implemented. We advocate, however, for further regulation of online platforms as they impact the way audiovisual content and services can be found online.

Uphold trusted and high-quality services online and enable citizens to access and find public service media online.

To reach all segments of society, public service media (PSM) increasingly rely on online platforms. This comes with specific challenges.

Content Moderation

Based on their own content policies, online platforms have taken down or restricted the visibility of PSM content. Thus, they deprive users of content that is already regulated and trusted. The EU should establish robust procedural guarantees for PSM that ensure effective remedies against unjustified or flawed content moderation decisions.

Brand Attribution

Online platforms must ensure that the identity of media organizations is clearly visible alongside their content, so that users can make informed decisions about the content they consume.

Algorithmic Transparency

PSM need transparency about the algorithmic decision-making processes and content recommendations of online platforms to understand how their content and services are ranked.

Prominence

To allow citizens easy access to PSM content and services online, EU policymakers should ensure that platforms present content and services of general interest prominently. Learn more about our work on prominence. 

Access To Data

Data is a crucial resource in the digital age. PSM needs guaranteed access to meaningful data about their own content and services that appear on platforms.

Self-Preferencing

The EU should fight against all forms of self-preferencing – where platforms treat their own services more favourably than those of their competitors.
With the Digital Services Act, the Digital Markets Act and the Platform to Business Regulation, EU policymakers have taken measures to react to the increasing influence of online platforms. This effort must be continued so that PSM can operate freely and remain relevant to their audiences online.

Ensuring the right balance between offering innovative digital services and protecting privacy rights.

The collection and use of data have become essential to better understand audiences’ expectations and needs, and thus to improve the overall quality and diversity of media offerings. Embracing new data opportunities while protecting individuals’ personal data is one of the most important challenges media companies are facing today. 
As part of their public service remit, public service media (PSM) has a particular duty to ensure that data is collected, stored and handled in the most responsible way and in compliance with applicable EU and national laws. 

GDPR

PSM supports consistent and effective enforcement of the GDPR to ensure individuals’ privacy and legal certainty for organisations, especially when processing personal data outside the EEA to third countries which do not benefit from an EU adequacy decision. In addition to other key GDPR compliance issues such as data security, controllers and processors’ obligations, data subjects‘ rights, the EBU is also involved in protecting the delicate balance between the right to the protection of personal data and the right to freedom of expression and information, to avoid creating a chilling effect on journalistic activities.

ePrivacy

The ePrivacy Regulation proposal is meant to harmonise notably consent requirements and rules for the tracking of online activity through the use of cookies. The EBU supports the proposed cookies’ consent exceptions as well as a sound and workable audience measurement system.

Artificial Intelligence (AI)

Public Service Media develop and use AI tools to support journalism, foster diversity, and optimise workflows. By their nature and mission, PSM are committed to applying the highest ethical and technological standards to protect and inform citizens. 
 

Giving audiences transparent and non-discriminatory access to content, public service media are proponents of 5G broadcasting and the Open internet.

5G

The EBU and public service media (PSM) are pioneering the use of 5G for content production and distribution via technical trials. They have worked on its standardization and initiated the coordination of media and ICT stakeholders with 5G MAG, to foster a media vertical. 

The EBU calls for appropriate regulatory guidelines and the right technology choices. The broadcasting industry should be able to own and operate its own 5G networks for specific purposes, e.g. for wireless production infrastructure for live event coverage.

It is also key that large-scale content distribution over 5G is technically and economically sustainable, to keep PSM affordable and accessible. 5G Broadcasting has thus been put forward to ensure PSM content is present on all mobile devices also via broadcasting, to enable free access. Learn more about 5G. 

Open Internet

Audiences should have unfettered, non-discriminatory, and transparent access to online content of public interest. Measures strengthening transparency need to be combined with a clear policy regarding internet traffic management that ensures that equivalent types of traffic are treated equally.

Regulators must prevent new forms of traffic discrimination where only content providers with sufficient resources can negotiate ‘preferential’ deals, distorting competition, hampering innovation, and reducing user choice.

Net neutrality must be the norm with specialized services as the exception to avoid that finite network capacity would be dominated by specialized services, impairing access to the Open Internet.

Freedom to innovate in a rapidly changing digital landscape

The media landscape is changing rapidly, shifting away from traditional broadcasting and embracing the ‘age of platforms’. Competition and State-aid rules need to take into account the full impact of global media players on the European media landscape and allow public service media (PSM) to innovate and develop new services and content to fulfil their universality obligations and stay relevant.

PSM Funding Schemes

These funding schemes should allow PSM organizations to fulfill their public interest mission. Governments should provide adequate financial support to PSM so that they benefit all citizens and fulfill their role to promote democracy, social cohesion and cultural values.

Sufficient, Stable And Sustainable Funding

A lack of stable and sustainable funding impacts the quality of programming and news in particular, leaving our Members vulnerable to commercial and political influence, and reducing their capacity to invest in new offerings, technologies and talented people.

Give Public Service Media Freedom To Innovate And Stay Relevant

Competition law and State aid rules must allow PSM to innovate and work together to compete fairly with non-European competitors in the provision of new media and digital services.

Support The European Dual Broadcasting System

This model which has been recognized in many international texts and court judgments ensures that public and private media compete effectively to provide high-quality media content.

Fostering a copyright environment suitable for the audiovisual sector

Public service media (PSM) invests €18 billion a year in original European content. These programmes exist thanks to a variety of contributors entitled to remuneration for the use and licensing of their work.

High-Quality Content

Since PSM are both rightsholders and rights users, it is crucial that the EU copyright framework enables them to fulfil their national obligation: bring high-quality content and service to their citizens. The EBU provides legal advice and support to PSM in the implementation of EU law and acts as the contact point with the EU.

Contractual Flexibility

The EBU advocates for fostering an environment facilitating broad distribution and access to content, while protecting artistic creators. Maintaining contractual flexibility allows rightsholders and rights users to negotiate how, when, and where licensed content is offered, to best match consumer preferences. This flexibility depends on the possibility to exploit audiovisual works on a territorial and exclusive basis. Territoriality emphasises the funding of European works. Removing it would limit audience choice and favour the largest players.

WIPO

The current level of protection is insufficient to effectively combat today’s piracy of audiovisual content. PSM actively supports WIPO’s work on a Broadcasting Organizations Treaty and strongly encourages WIPO Member States to adopt a robust international instrument in the near future.

Choice and quality free-to-air content for all citizens

Spectrum is the range of frequencies used to transmit data wirelessly. It is divided into different bands. The Lower UHF band (470 to 694 MHz) is the band used by public service media (PSM) to deliver free-to-air Digital Terrestrial Television (DTT) to audiences. It has been shared with wireless production systems (PMSE) for decades.

A Scarce Resource

Spectrum has become a scarcer resource due to the increasing development of wireless technologies. In the recent past, broadcasters have invested to free up a significant portion of the spectrum they used, while also increasing choice and quality for TV viewers. This portion of spectrum has now been allocated to mobile-broadband services (Digital Dividends). Further diversion of spectrum resources away from broadcasting will undermine universal access to PSM, as, in practice, it would mean DTT has to stop. On the production side, PMSE would have to find another band for the wireless microphones, talk-back and in-ear systems used in political, religious, sport, cultural and local events every day. 

Protect Broadcasting 

The EBU relentlessly aims to ensure there is sufficient spectrum for DTT and to sustain a vibrant European audiovisual landscape. In the context of the ITU World Radiocommunication Conference (WRC-23), and especially regarding its Agenda Item 1.5, the EBU urges negotiators to protect the current use of spectrum by DTT and PMSE in the Lower UHF band. This reflects the very well-balanced compromises found at EU level with the UHF Decision.