Legal provisions of COM(2022)457 - Common framework for media services in the internal market (European Media Freedom Act) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)457 - Common framework for media services in the internal market (European Media Freedom Act). |
|---|---|
| document | COM(2022)457  |
| date | April 11, 2024 |
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
1. This Regulation lays down common rules for the proper functioning of the internal market for media services and establishes the European Board for Media Services, while safeguarding the independence and pluralism of media services.
2. This Regulation does not affect rules laid down by:
| (a) | Directive 2000/31/EC; |
| (b) | Directive (EU) 2019/790 of the European Parliament and of the Council (23); |
| (c) | Regulation (EU) 2019/1150; |
| (d) | Regulation (EU) 2022/2065; |
| (e) | Regulation (EU) 2022/1925; |
| (f) | Regulation (EU) 2024/900 of the European Parliament and of the Council (24); |
| (g) | Regulation (EU) 2016/679 of the European Parliament and of the Council (25). |
3. This Regulation does not affect the possibility for Member States to adopt more detailed or stricter rules in the fields covered by Chapter II, Chapter III, Section 5, and Article 25, provided that those rules ensure a higher level of protection for media pluralism or editorial independence in accordance with this Regulation and comply with Union law.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
| (1) | ‘media service’ means a service as defined by Articles 56 and 57 TFEU, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications, under the editorial responsibility of a media service provider, to the general public, by any means, in order to inform, entertain or educate; |
| (2) | ‘media service provider’ means a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the choice of the content of the media service and determines the manner in which it is organised; |
| (3) | ‘public service media provider’ means a media service provider which is entrusted with a public service remit under national law and receives national public funding for the fulfilment of such a remit; |
| (4) | ‘programme’ means a set of moving images or sounds constituting an individual item, irrespective of its length, within a schedule or a catalogue established by a media service provider; |
| (5) | ‘press publication’ means press publication as defined in Article 2, point (4), of Directive (EU) 2019/790; |
| (6) | ‘audiovisual media service’ means audiovisual media service as defined in Article 1(1), point (a), of Directive 2010/13/EU; |
| (7) | ‘editorial decision’ means a decision which is taken on a regular basis for the purpose of exercising editorial responsibility and linked to the day-to-day operation of a media service provider; |
| (8) | ‘editorial responsibility’ means the exercise of effective control both over the selection of programmes or press publications and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided; |
| (9) | ‘online platform’ means online platform as defined in Article 3, point (i), of Regulation (EU) 2022/2065; |
| (10) | ‘provider of a very large online platform’ means a provider of an online platform that has been designated as a very large online platform pursuant to Article 33(4) of Regulation (EU) 2022/2065; |
| (11) | ‘video-sharing platform service’ means video-sharing platform service as defined in Article 1(1), point (aa), of Directive 2010/13/EU; |
| (12) | ‘video-sharing platform provider’ means video-sharing platform provider as defined in Article 1(1), point (da), of Directive 2010/13/EU; |
| (13) | ‘national regulatory authority or body’ means any authority or body designated by a Member State pursuant to Article 30 of Directive 2010/13/EU; |
| (14) | ‘user interface’ means a service which controls or manages access to and the use of media services providing programmes and which enables users to select media services or content; |
| (15) | ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service provider or one provider of an online platform providing access to media content; |
| (16) | ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services or users of content on online platforms for the purposes of decisions regarding advertising allocation, pricing, purchases or sales or regarding the planning or distribution of content; |
| (17) | ‘proprietary audience measurement’ means audience measurement which does not follow industry standards and best practices agreed through self-regulatory mechanisms; |
| (18) | ‘public authority or entity’ means a national or subnational government, a regulatory authority or body, or an entity controlled, directly or indirectly, by a national or subnational government; |
| (19) | ‘state advertising’ means the placement, promotion, publication or dissemination, in any media service or online platform, of a promotional or self-promotional message or a public announcement or an information campaign, normally in return for payment or for any other consideration, by, for or on behalf of a public authority or entity; |
| (20) | ‘intrusive surveillance software’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elements that enables the covert surveillance of natural or legal persons by monitoring, extracting, collecting or analysing data from such products or from the natural or legal persons using such products, including in an indiscriminate manner; |
| (21) | ‘media literacy’ means skills, knowledge and understanding which allow citizens to use media effectively and safely and which are not limited to learning about tools and technologies but aim to equip citizens with the critical thinking skills required to exercise judgment, analyse complex realities and recognise the difference between opinion and fact. |
CHAPTER II
RIGHTS AND DUTIES OF MEDIA SERVICE PROVIDERS AND RECIPIENTS OF MEDIA SERVICES
Article 3
Right of recipients of media services
Member States shall respect the right of recipients of media services to have access to a plurality of editorially independent media content and ensure that framework conditions are in place in line with this Regulation to safeguard that right, to the benefit of free and democratic discourse.
Article 4
Rights of media service providers
1. Media service providers shall have the right to exercise their economic activities in the internal market without restrictions other than those allowed pursuant to Union law.
2. Member States shall respect the effective editorial freedom and independence of media service providers in the exercise of their professional activities. Member States, including their national regulatory authorities and bodies, shall not interfere in or try to influence the editorial policies and editorial decisions of media service providers.
3. Member States shall ensure that journalistic sources and confidential communications are effectively protected. Member States shall not take any of the following measures:
| (a) | oblige media service providers or their editorial staff to disclose information related to or capable of identifying journalistic sources or confidential communications or oblige any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have such information to disclose it; |
| (b) | detain, sanction, intercept or inspect media service providers or their editorial staff or subject them or their corporate or private premises to surveillance or search and seizure for the purpose of obtaining information related to or capable of identifying journalistic sources or confidential communications or detain, sanction, intercept or inspect any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have such information or subject them or their corporate or private premises to surveillance or search and seizure for the purpose of obtaining such information; |
| (c) | deploy intrusive surveillance software on any material, digital device, machine or tool used by media service providers, their editorial staff or any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have information related to or capable of identifying journalistic sources or confidential communications. |
4. By way of derogation from paragraph 3, points (a) and (b), of this Article, Member States may take a measure referred to therein, provided that it:
| (a) | is provided for by Union or national law; |
| (b) | is in compliance with Article 52(1) of the Charter and other Union law; |
| (c) | is justified on a case-by-case basis by an overriding reason of public interest and is proportionate; and |
| (d) | is subject to prior authorisation by a judicial authority or an independent and impartial decision-making authority or, in duly justified exceptional and urgent cases, is subsequently authorised by such an authority without undue delay. |
5. By way of derogation from paragraph 3, point (c), Member States may deploy intrusive surveillance software, provided that the deployment:
| (a) | complies with the conditions listed in paragraph 4; and |
| (b) | is carried out for the purpose of investigating one of the persons referred to in paragraph 3, point (c), for:
|
Member States shall not take a measure as referred to in paragraph 3, point (c), where a measure as referred to in point (a) or (b) of that paragraph would be adequate and sufficient to obtain the information sought.
6. Member States shall ensure that the surveillance measures referred to in paragraph 3, point (b), and the deployment of intrusive surveillance software referred to in point (c) of that paragraph are regularly reviewed by a judicial authority or an independent and impartial decision-making authority in order to determine whether the conditions justifying their use continue to be fulfilled.
7. Directive (EU) 2016/680 of the European Parliament and of the Council (26), including the safeguards provided therein such as the right of the data subject to information and access to personal data undergoing processing, shall apply to any processing of personal data carried out in the context of the deployment of the surveillance measures referred to in paragraph 3, point (b), of this Article or the deployment of intrusive surveillance software referred to in point (c) of that paragraph.
8. Member States shall ensure that media service providers, their editorial staff or any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have information related to or capable of identifying journalistic sources or confidential communications have a right to effective judicial protection, in line with Article 47 of the Charter, in cases regarding breaches of paragraphs 3 to 7 of this Article.
Member States shall entrust an independent authority or body with relevant expertise to provide assistance to the persons referred to in the first subparagraph with regard to the exercise of that right. Where no such authority or body exists, those persons may seek assistance from a self-regulatory body or mechanism.
9. The Member States’ responsibilities as laid down in the TEU and the TFEU are respected.
Article 5
Safeguards for the independent functioning of public service media providers
1. Member States shall ensure that public service media providers are editorially and functionally independent and provide in an impartial manner a plurality of information and opinions to their audiences, in accordance with their public service remit as defined at national level in line with Protocol No 29.
2. Member States shall ensure that the procedures for the appointment and the dismissal of the head of management or the members of the management board of public service media providers aim to guarantee the independence of public service media providers.
The head of management or the members of the management board of public service media providers shall be appointed on the basis of transparent, open, effective and non-discriminatory procedures and transparent, objective, non-discriminatory and proportionate criteria laid down in advance at national level. The duration of their term of office shall be sufficient for the effective independence of public service media providers.
Decisions on dismissal of the head of management or the members of the management board of public service media providers before the end of their term of office shall be duly justified, may be taken only exceptionally where they no longer fulfil the conditions required for the performance of their duties according to criteria laid down in advance at national level, shall be subject to prior notification to the persons concerned and shall include the possibility of judicial review.
3. Member States shall ensure that funding procedures for public service media providers are based on transparent and objective criteria laid down in advance. Those funding procedures shall guarantee that public service media providers have adequate, sustainable and predictable financial resources corresponding to the fulfilment of and the capacity to develop within their public service remit. Those financial resources shall be such that the editorial independence of public service media providers is safeguarded.
4. Member States shall designate one or more independent authorities or bodies, or put in place mechanisms free from political influence by governments, to monitor the application of paragraphs 1, 2 and 3. The results of that monitoring shall be made available to the public.
Article 6
Duties of media service providers
1. Media service providers shall make easily and directly accessible to the recipients of their services up-to-date information on:
| (a) | their legal name or names and contact details; |
| (b) | the name or names of their direct or indirect owner or owners with shareholdings enabling them to exercise influence on the operation and strategic decision making, including direct or indirect ownership by a state or by a public authority or entity; |
| (c) | the name or names of their beneficial owner or owners as defined in Article 3, point (6), of Directive (EU) 2015/849; |
| (d) | the total annual amount of public funds for state advertising allocated to them and the total annual amount of advertising revenues received from third-country public authorities or entities. |
2. Member States shall entrust national regulatory authorities or bodies or other competent authorities or bodies with the development of national media ownership databases containing the information set out in paragraph 1.
3. Without prejudice to national constitutional law consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of editorial decisions. In particular, such measures shall aim to:
| (a) | guarantee that editorial decisions can be taken freely within the established editorial line of the media service provider concerned; and |
| (b) | ensure that any actual or potential conflicts of interest that might affect the provision of news and current affairs content are disclosed. |
CHAPTER III
FRAMEWORK FOR REGULATORY COOPERATION AND A WELL-FUNCTIONING INTERNAL MARKET FOR MEDIA SERVICES
SECTION 1
Independent media authorities
Article 7
National regulatory authorities or bodies
1. The national regulatory authorities or bodies shall ensure, where applicable by consulting or coordinating with other relevant authorities or bodies or, where relevant, self-regulatory bodies in their Member States, that this Chapter is applied.
2. The national regulatory authorities or bodies shall be subject to the requirements set out in Article 30 of Directive 2010/13/EU in relation to the exercise of the tasks assigned to them by this Regulation.
3. Member States shall ensure that the national regulatory authorities or bodies have adequate financial, human and technical resources to carry out their tasks under this Regulation.
4. Where needed for carrying out their tasks under this Regulation, Member States shall ensure that the national regulatory authorities or bodies are empowered to request the following persons to provide, within a reasonable period of time, information and data that are proportionate and necessary for carrying out the tasks under this Chapter:
| (a) | the natural persons to whom or the legal persons to which this Chapter applies; and |
| (b) | any other natural or legal person that, for purposes related to its trade, business or profession, might reasonably be in possession of such information and data. |
SECTION 2
European Board for Media Services
Article 8
European Board for Media Services
1. The European Board for Media Services (the ‘Board’) is hereby established.
2. The Board shall replace and succeed the European Regulators Group for Audiovisual Media Services (ERGA) established by Article 30b of Directive 2010/13/EU.
Article 9
Independence of the Board
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in accordance with this Regulation.
Article 10
Structure of the Board
1. The Board shall be composed of representatives of national regulatory authorities or bodies.
2. Each member of the Board shall have one vote.
3. The Board shall take decisions by a two-thirds majority of its members with voting rights.
4. Where a Member State has more than one national regulatory authority or body, those national regulatory authorities or bodies shall coordinate with each other as necessary and appoint a joint representative. The joint representative shall exercise the right to vote.
5. The Board shall elect a Chair and a Vice-Chair from amongst its members. The term of office of the Chair shall be one year, renewable once. The Board may set up a Steering Group. The Board shall be represented by its Chair.
6. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in the deliberations of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the activities of the Board.
7. The Board may invite experts and, in agreement with the Commission, permanent observers to attend its meetings.
8. The Board shall adopt its rules of procedure, in consultation with the Commission. Those rules of procedure shall include the arrangements for the prevention and management of conflicts of interest of the members of the Board.
Article 11
Secretariat of the Board
1. The Board shall be assisted by a secretariat. The Commission shall provide the secretariat, taking into account the needs indicated by the Board. The secretariat shall be adequately resourced for the performance of its tasks.
2. The main task of the secretariat shall be to contribute to the independent execution of the tasks of the Board laid down in this Regulation and in Directive 2010/13/EU. The secretariat shall act on the sole instructions of the Board regarding its tasks under this Regulation.
3. The secretariat shall provide administrative and organisational support to the Board with regard to its activities. The secretariat shall also assist the Board substantively in carrying out its tasks.
Article 12
Consultation mechanism
1. Where the Board considers matters beyond the audiovisual media sector, it shall consult representatives from the relevant media sectors operating at Union or national level.
2. The Board shall, in its rules of procedure, set out the arrangements for conducting consultations as referred to in paragraph 1. Such arrangements shall ensure that it is possible to involve several representatives, as appropriate.
3. Where possible, the Board shall make the results of consultations as referred to in paragraph 1 publicly available.
Article 13
Tasks of the Board
1. Without prejudice to the powers granted to the Commission by the Treaties, the Board shall advise and support the Commission on matters related to media services within the Board’s competence and promote the consistent and effective application of this Chapter and the implementation of Directive 2010/13/EU throughout the Union. The Board shall therefore:
| (a) | provide technical expertise to the Commission with regard to its task of ensuring the consistent and effective application of this Chapter and the implementation of Directive 2010/13/EU across all Member States, without prejudice to the tasks of national regulatory authorities or bodies; |
| (b) | promote cooperation and the effective exchange of information, experience and best practices between the national regulatory authorities or bodies on the application of the Union and national rules applicable to media services, including this Regulation and Directive 2010/13/EU, in particular as regards Articles 3, 4 and 7 of that Directive; |
| (c) | when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c), and Article 28a(7) of Directive 2010/13/EU; |
| (d) | in consultation with the Commission, draw up opinions with respect to:
|
| (e) | at the request of a media service provider with which a provider of a very large online platform has engaged in a dialogue as referred to in Article 18(6) of this Regulation, draw up opinions on the outcome of such a dialogue; |
| (f) | on its own initiative, at the request of the Commission or upon a duly justified and reasoned request of a media service provider that is individually and directly affected, draw up opinions with respect to regulatory or administrative measures which are likely to significantly affect the operation of media service providers in the internal market for media services, in accordance with Article 21(4) of this Regulation; |
| (g) | draw up opinions on draft assessments or draft opinions of national regulatory authorities or bodies, in accordance with Article 22(5) of this Regulation; |
| (h) | on its own initiative or at the request of the Commission, draw up opinions with respect to media market concentrations which are likely to affect the functioning of the internal market for media services, in accordance with Article 23(1) of this Regulation; |
| (i) | assist the Commission in drawing up guidelines with respect to:
|
| (j) | at the request of at least one of the national regulatory authorities or bodies concerned, mediate in the event of disagreements between national regulatory authorities or bodies, in accordance with Article 15(3) of this Regulation; |
| (k) | foster cooperation on harmonised standards related to the design of devices or user interfaces or to digital signals carried by such devices, in accordance with Article 20(5) of this Regulation; |
| (l) | coordinate relevant measures by the national regulatory authorities or bodies concerned related to the dissemination of or access to content of media services from outside of the Union that target or reach audiences in the Union, where such media services prejudice or present a serious and grave risk of prejudice to public security, in accordance with Article 17(1) of this Regulation, and develop, in consultation with the Commission, a set of criteria as referred to in paragraph 4 of that Article; |
| (m) | organise a structured dialogue between providers of very large online platforms and representatives of media service providers and of civil society, and report on the results of such a dialogue to the Commission, in accordance with Article 19 of this Regulation; |
| (n) | foster the exchange of best practices related to the deployment of audience measurement systems, in accordance with Article 24(5) of this Regulation; |
| (o) | exchange experience and best practices on media literacy, including to foster the development and use of effective measures and tools to strengthen media literacy; |
| (p) | draw up a detailed annual report on its activities and tasks. |
The Board shall make the detailed annual report referred to in point (p) of the first subparagraph publicly available. When invited to do so, the Chair shall present that report to the European Parliament.
2. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, unless otherwise provided for in Union law, taking into account the urgency of the matter.
3. The Board shall forward its deliverables to the contact committee established by Article 29(1) of Directive 2010/13/EU (the ‘contact committee’).
SECTION 3
Regulatory cooperation and convergence
Article 14
Structured cooperation
1. A national regulatory authority or body (the ‘requesting authority’) may at any time request one or more other national regulatory authorities or bodies (the ‘requested authorities’) to cooperate with it, including by exchanging information or by means of mutual assistance, for the consistent and effective application of this Chapter or the implementation of Directive 2010/13/EU.
2. A request for cooperation shall contain all the necessary information related to it, including the purpose of and reasons for the request for cooperation.
3. The requested authority may refuse to address a request for cooperation only in the following cases:
| (a) | it is not competent with regard to the subject matter of the request for cooperation or to provide the type of cooperation requested; |
| (b) | the execution of the request for cooperation would infringe this Regulation, Directive 2010/13/EU or other Union law or national law which complies with Union law and to which the requested authority is subject; |
| (c) | the scope or the subject matter of the request for cooperation has not been duly justified or is disproportionate. |
The requested authority shall, without undue delay, provide the reasons for any refusal to address a request for cooperation. Where the requested authority has refused a request for cooperation under point (a) of the first subparagraph, it shall, where possible, indicate the competent authority.
4. The requested authority shall do its utmost to address and reply to a request for cooperation without undue delay and provide regular updates on the progress made in executing that request.
5. Where the requesting authority considers that the requested authority has not sufficiently addressed or replied to its request for cooperation, it shall inform the requested authority without undue delay, explaining the reasons for its position. Where the requesting authority and the requested authority do not come to an agreement concerning the request for cooperation, either authority may refer the matter to the Board. In accordance with timelines to be established by the Board in its rules of procedure, the Board shall issue, in consultation with the Commission, an opinion on the matter, including recommended actions. The authorities concerned shall do their utmost to take into account the opinion of the Board.
6. Where a requesting authority considers that there is a serious and grave risk of limitation of the freedom to provide or receive media services in the internal market or a serious and grave risk of prejudice to public security, it may submit a request to a requested authority to provide accelerated cooperation, while ensuring compliance with fundamental rights, in particular the freedom of expression, including for the purpose of ensuring the effective application of national measures referred to in Article 3 of Directive 2010/13/EU. The requested authority shall reply to and do its utmost to address requests for accelerated cooperation within 14 calendar days.
Paragraphs 2, 3 and 5 of this Article shall apply mutatis mutandis to requests for accelerated cooperation.
7. The Board shall set out in its rules of procedure further details on the procedure for structured cooperation as referred to in this Article.
Article 15
Requests for enforcement of obligations of video-sharing platform providers
1. Without prejudice to Article 3 of Directive 2000/31/EC, a requesting authority may submit a duly justified request to a requested authority which is competent for the subject matter of the request to take necessary and proportionate actions for the effective enforcement of the obligations imposed on video-sharing platform providers under Article 28b(1), (2) and (3) of Directive 2010/13/EU.
2. The requested authority shall inform the requesting authority, without undue delay, of the actions it has taken or plans to take, or about the reasons for which actions were not taken, pursuant to a request for enforcement under paragraph 1. The Board shall establish the timelines for that purpose in its rules of procedure.
3. In the event of a disagreement between the requesting authority and the requested authority regarding actions taken or planned to be taken or a lack of actions following a request for enforcement under paragraph 1, either authority may refer the matter to the Board for mediation with a view to finding an amicable solution.
Where no amicable solution is found following mediation by the Board, the requesting authority or the requested authority may request the Board to issue an opinion on the matter. In its opinion, the Board shall assess whether the request for enforcement under paragraph 1 has been sufficiently addressed. Where the Board considers that the requested authority has not sufficiently addressed the request for enforcement, the Board shall recommend actions to address the request. The Board shall issue its opinion, in consultation with the Commission, without undue delay.
4. Following receipt of an opinion as referred to in paragraph 3, second subparagraph, the requested authority shall, without undue delay and within timelines to be established by the Board in its rules of procedure, inform the Board, the Commission and the requesting authority of the actions taken or planned to be taken in relation to the opinion.
Article 16
Guidance on media regulation matters
1. The Board shall foster the exchange of best practices among the national regulatory authorities or bodies, consulting stakeholders where appropriate, on regulatory, technical or practical aspects relevant to the consistent and effective application of this Chapter and the implementation of Directive 2010/13/EU.
2. Where the Commission issues guidelines related to the application of this Regulation or the implementation of Directive 2010/13/EU, the Board shall assist it by providing expertise on regulatory, technical or practical aspects, in particular as regards:
| (a) | the appropriate prominence of audiovisual media services of general interest under Article 7a of Directive 2010/13/EU; |
| (b) | making information accessible on the ownership structure of media service providers, as provided for by Article 5(2) of Directive 2010/13/EU and Article 6(1) of this Regulation. |
Where the Commission issues guidelines related to the implementation of Directive 2010/13/EU, it shall consult the contact committee.
3. Where the Commission issues an opinion on a matter related to the application of this Regulation or the implementation of Directive 2010/13/EU, the Board shall assist the Commission.
Article 17
Coordination of measures concerning media services from outside the Union
1. Without prejudice to Article 3 of Directive 2010/13/EU, the Board shall, at the request of the national regulatory authorities or bodies from at least two Member States, coordinate relevant measures by the national regulatory authorities or bodies concerned related to the dissemination of or access to media services originating from outside the Union or provided by media service providers established outside the Union that, irrespective of their means of distribution or access, target or reach audiences in the Union where, inter alia, in view of the control that could be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security.
2. The Board, in consultation with the Commission, may issue opinions on appropriate measures as referred to in paragraph 1. Without prejudice to their powers under national law, the competent national authorities concerned, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board.
3. Member States shall ensure that the national regulatory authorities or bodies concerned are not precluded from taking into account an opinion issued by the Board under paragraph 2 when considering taking measures as referred to in paragraph 1 against a media service provider.
4. The Board, in consultation with the Commission, shall develop a set of criteria for the use of national regulatory authorities or bodies when they exercise their regulatory powers over media service providers as referred to in paragraph 1. National regulatory authorities or bodies shall do their utmost to take those criteria into account.
SECTION 4
Provision of and access to media services in a digital environment
Article 18
Content of media service providers on very large online platforms
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to:
| (a) | declare that they are media service providers; |
| (b) | declare that they comply with Article 6(1); |
| (c) | declare that they are editorially independent from Member States, political parties, third countries and entities controlled or financed by third countries; |
| (d) | declare that they are subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States and to oversight by a competent national regulatory authority or body or that they adhere to a co-regulatory or self-regulatory mechanism governing editorial standards that is widely recognised by and accepted in the relevant media sector in one or more Member States; |
| (e) | declare that they do not provide content generated by artificial intelligence systems without subjecting it to human review or editorial control; |
| (f) | provide their legal name and contact details, including an email address, through which the provider of the very large online platform can communicate quickly and directly with them; and |
| (g) | provide the contact details of the relevant national regulatory authorities or bodies or representatives of the co-regulatory or self-regulatory mechanisms referred to in point (d). |
Where there is reasonable doubt concerning the media service provider’s compliance with point (d) of the first subparagraph, the provider of a very large online platform shall seek confirmation on the matter from the relevant national regulatory authority or body or the relevant co-regulatory or self-regulatory mechanism.
2. Providers of very large online platforms shall ensure that the information declared under paragraph 1, with the exception of the information set out in paragraph 1, first subparagraph, point (f), is made publicly available in an easily accessible manner on their online interface.
3. Providers of very large online platforms shall acknowledge receipt of declarations submitted pursuant to paragraph 1 and provide their contact details, including an email address, through which the media service provider can communicate directly and quickly with them.
Providers of very large online platforms shall, without undue delay, indicate whether they accept or reject declarations submitted pursuant to paragraph 1.
4. Where a provider of a very large online platform intends to take a decision to suspend the provision of its online intermediation services in relation to content provided by a media service provider that has submitted a declaration pursuant to paragraph 1 of this Article or a decision to restrict the visibility of such content, on the grounds that such content is incompatible with its terms and conditions, prior to such a decision to suspend or restrict visibility taking effect, it shall:
| (a) | communicate to the media service provider concerned a statement of reasons as referred to in Article 4(1) of Regulation (EU) 2019/1150 and Article 17 of Regulation (EU) 2022/2065 for its envisaged decision to suspend or restrict visibility; and |
| (b) | give the media service provider the opportunity to reply to the statement of reasons referred to in point (a) of the first subparagraph of this paragraph within 24 hours of receiving it or, in the case of a crisis as referred to in Article 36(2) of Regulation (EU) 2022/2065, within a shorter timeframe which allows the media service provider sufficient time to reply in a meaningful manner. |
Where, following or in the absence of a reply as referred to in point (b) of the first subparagraph, the provider of a very large online platform takes a decision to suspend or restrict visibility, it shall inform the media service provider concerned without undue delay.
This paragraph shall not apply where providers of very large online platforms suspend the provision of their services in relation to content provided by a media service provider or restrict the visibility of such content in compliance with their obligations pursuant to Articles 28, 34 and 35 of Regulation (EU) 2022/2065 and Article 28b of Directive 2010/13/EU or with their obligations relating to illegal content pursuant to Union law.
5. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints lodged by media service providers under Article 11 of Regulation (EU) 2019/1150 or Article 20 of Regulation (EU) 2022/2065 are processed and decided upon with priority and without undue delay. A media service provider may be represented by a body in the internal complaint-handling process referred to in those Articles.
6. Where a media service provider that has submitted a declaration pursuant to paragraph 1 considers that a provider of a very large online platform has repeatedly restricted or suspended, without sufficient grounds, the provision of its services in relation to content provided by the media service provider, the provider of a very large online platform shall engage in a meaningful and effective dialogue with the media service provider, at its request, in good faith with a view to finding an amicable solution, within a reasonable timeframe, for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome and the details of such a dialogue to the Board and to the Commission. The media service provider may request the Board to issue an opinion on the outcome of such a dialogue, including, where relevant, recommended actions for the provider of a very large online platform. The Board shall inform the Commission of its opinion.
7. Where a provider of a very large online platform rejects or invalidates a declaration by a media service provider submitted pursuant to paragraph 1 of this Article or where no amicable solution is found following a dialogue pursuant to paragraph 6 of this Article, the media service provider concerned may resort to mediation under Article 12 of Regulation (EU) 2019/1150 or to out-of-court dispute settlement under Article 21 of Regulation (EU) 2022/2065. The media service provider concerned may notify the Board of the outcome of that mediation or out-of-court dispute settlement.
8. A provider of a very large online platform shall make publicly available on an annual basis detailed information on:
| (a) | the number of instances in which it imposed any restriction or suspension on the grounds that the content provided by a media service provider that has submitted a declaration pursuant to paragraph 1 is incompatible with its terms and conditions; |
| (b) | the grounds for imposing such restrictions or suspensions, including the specific clauses in its terms and conditions with which the media service providers’ content was deemed incompatible; |
| (c) | the number of dialogues with media service providers pursuant to paragraph 6; |
| (d) | the number of instances in which it rejected declarations submitted by a media service provider pursuant to paragraph 1 and the grounds for rejection; |
| (e) | the number of instances in which it invalidated a declaration submitted by a media service provider pursuant to paragraph 1 and the grounds for invalidation. |
9. With a view to facilitating the consistent and effective implementation of this Article, the Commission shall issue guidelines to facilitate the effective implementation of the functionality referred to in paragraph 1.
Article 19
Structured dialogue
1. The Board shall regularly organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society in order to:
| (a) | discuss experience and best practices in the application of Article 18, including as regards the functioning of very large online platforms and their processes for moderating content provided by media service providers; |
| (b) | foster access to diverse offerings of independent media on very large online platforms; and |
| (c) | monitor adherence to self-regulatory initiatives which aim to protect users from harmful content, including disinformation and foreign information manipulation and interference. |
2. The Board shall report on the results of structured dialogues as referred to in paragraph 1 to the Commission. Where possible, the Board shall make the results of such structured dialogues publicly available.
Article 20
Right to customise the media offering
1. Users shall have a right to easily change the configuration, including default settings, of any device or user interface controlling or managing access to and the use of media services providing programmes in order to customise the media offering in accordance with their interests or preferences in compliance with Union law. This paragraph shall not affect national measures implementing Article 7a or 7b of Directive 2010/13/EU.
2. When placing devices and user interfaces as referred to in paragraph 1 on the market, manufacturers, developers and importers shall ensure that such devices and user interfaces include a functionality enabling users to freely and easily change at any time their configuration, including default settings controlling or managing access to and use of the media services offered.
3. Manufacturers, developers and importers of devices and user interfaces as referred to in paragraph 1 shall ensure that the visual identity of media service providers to whose services their devices and user interfaces give access is consistently and clearly visible to the users.
4. Member States shall take appropriate measures to ensure that manufacturers, developers and importers of devices and user interfaces as referred to in paragraph 1 comply with paragraphs 2 and 3.
5. The Board shall foster cooperation between media service providers, standardisation bodies or any other relevant stakeholders in order to promote the development of harmonised standards related to the design of devices or user interfaces as referred to in paragraph 1 or to digital signals carried by such devices.
SECTION 5
Requirements for well-functioning media market measures and procedures
Article 21
National measures affecting media service providers
1. Legislative, regulatory or administrative measures taken by a Member State that are liable to affect media pluralism or the editorial independence of media service providers operating in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non-discriminatory.
2. Any national procedure used for the purpose of adopting an administrative measure as referred to in paragraph 1 shall follow timeframes set out in advance. Such procedures shall be conducted without undue delay.
3. Any media service provider subject to a regulatory or administrative measure as referred to in paragraph 1 that concerns it individually and directly shall have the right to appeal that measure before an appellate body. That body, which may be a court, shall be independent of the parties involved and of any external intervention or political pressure liable to jeopardise its independent assessment of matters coming before it. It shall have the appropriate expertise to enable it to carry out its functions effectively and in a timely manner.
4. Where a regulatory or administrative measure as referred to in paragraph 1 is likely to significantly affect the operation of media service providers in the internal market, the Board shall, on its own initiative, at the request of the Commission or upon a duly justified and reasoned request of a media service provider that is individually and directly affected by such a measure, draw up an opinion on the measure. Without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. The Board and the Commission shall make their opinions publicly available.
5. For the purpose of drawing up an opinion under paragraph 4, the Board and, where applicable, the Commission may request relevant information from a national authority or body that has adopted a regulatory or administrative measure as referred to in paragraph 1 that affects a media service provider individually and directly. The national authority or body concerned shall provide that information without undue delay by electronic means.
Article 22
Assessment of media market concentrations
1. Member States shall lay down, in national law, substantive and procedural rules which allow for an assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence. Those rules shall:
| (a) | be transparent, objective, proportionate and non-discriminatory; |
| (b) | require the parties involved in such a media market concentration to notify the concentration in advance to the relevant national authorities or bodies or provide such authorities or bodies with appropriate powers to obtain information from those parties which is necessary to assess the concentration; |
| (c) | designate the national regulatory authorities or bodies as the ones responsible for the assessment or ensure that they are substantively involved in the assessment; |
| (d) | set out in advance objective, non-discriminatory and proportionate criteria for notifying such media market concentrations and for assessing the impact on media pluralism and editorial independence; and |
| (e) | specify in advance the timeframes for completing such assessments. |
The assessment of media market concentrations referred to in this paragraph shall be distinct from Union and national competition law assessments, including those provided for under merger control rules. It shall be without prejudice to Article 21(4) of Regulation (EC) No 139/2004, where applicable.
2. In an assessment of media market concentrations as referred to in paragraph 1, the following elements shall be taken into account:
| (a) | the expected impact of the media market concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media services and the media offering on the market, taking into account the online environment and the parties’ interests in, links to or activities in other media or non-media businesses; |
| (b) | the safeguards for editorial independence, including the measures taken by media service providers with a view to guaranteeing the independence of editorial decisions; |
| (c) | whether, in the absence of the media market concentration, the parties involved in the media market concentration would remain economically sustainable, and whether there are any possible alternatives to ensure their economic sustainability; |
| (d) | where relevant, the findings of the Commission’s annual rule of law report concerning media pluralism and media freedom; and |
| (e) | where applicable, the commitments that any of the parties involved in the media market concentration might offer to safeguard media pluralism and editorial independence. |
3. The Commission, assisted by the Board, shall issue guidelines on the elements referred to in paragraph 2, points (a), (b) and (c).
4. Where a media market concentration is likely to affect the functioning of the internal market for media services, the national regulatory authority or body concerned shall consult the Board in advance on its draft assessment or draft opinion.
5. Within timelines to be established by the Board in its rules of procedure, the Board shall draw up an opinion on the draft assessment or draft opinion referred to in paragraph 4, taking into account the elements referred to in paragraph 2, and transmit that opinion to the national regulatory authority or body concerned and the Commission.
6. The national regulatory authority or body referred to in paragraph 4 shall take utmost account of the opinion referred to in paragraph 5. Where that national regulatory authority or body does not follow the opinion, fully or partially, it shall provide the Board and the Commission with a reasoned justification explaining its position within timelines to be established by the Board in its rules of procedure.
Article 23
Opinions on media market concentrations
1. In the absence of an assessment or a consultation pursuant to Article 22, the Board, on its own initiative or at the request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where that media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements referred to in Article 22(2). The Board may bring such media market concentrations to the attention of the Commission.
2. Without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter.
3. The Board and the Commission shall make their opinions as referred to in this Article publicly available.
SECTION 6
Transparent and fair allocation of economic resources
Article 24
Audience measurement
1. Providers of audience measurement systems shall ensure that their audience measurement systems and the methodology used by their audience measurement systems comply with the principles of transparency, impartiality, inclusiveness, proportionality, non-discrimination, comparability and verifiability.
2. Without prejudice to the protection of undertakings’ trade secrets as defined in Article 2, point (1), of Directive (EU) 2016/943, providers of proprietary audience measurement systems shall provide, without undue delay and free of charge, to media service providers, to advertisers and to third parties authorised by media service providers and advertisers accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems.
Providers of proprietary audience measurement systems shall ensure that the methodology used by their audience measurement systems and the way in which it is applied is independently audited once a year. At the request of a media service provider, a provider of a proprietary audience measurement system shall provide it with information on audience measurement results, including non-aggregated data, which relate to the media content and media services of that media service provider.
This paragraph shall not affect the Union’s data protection and privacy rules.
3. National regulatory authorities or bodies shall encourage providers of audience measurement systems to draw up, together with media service providers, providers of online platforms, their representative organisations and any other interested parties, codes of conduct or shall encourage providers of audience measurement systems to comply with codes of conduct jointly agreed and widely accepted by media service providers, their representative organisations and any other interested parties.
Codes of conduct as referred to in the first subparagraph of this paragraph shall be intended to promote the regular, independent and transparent monitoring of the effective achievement of their objectives and compliance with the principles referred to in paragraph 1, including through independent and transparent audits.
4. The Commission, assisted by the Board, may issue guidelines on the practical application of paragraphs 1, 2 and 3, taking into account, where appropriate, codes of conduct as referred to in paragraph 3.
5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems, representatives of media service providers, representatives of providers of online platforms and other interested parties.
Article 25
Allocation of public funds for state advertising and supply or service contracts
1. Public funds or any other consideration or advantage made available, directly or indirectly, by public authorities or entities to media service providers or providers of online platforms for state advertising or supply or service contracts concluded with media service providers or providers of online platforms shall be awarded in accordance with transparent, objective, proportionate and non-discriminatory criteria, made publicly available in advance by electronic and user-friendly means, and by means of open, proportionate and non-discriminatory procedures.
Member States shall seek to ensure that the overall yearly public expenditure allocated for state advertising is distributed to a wide plurality of media service providers represented on the market, taking into account the national and local specificities of the media markets concerned.
This Article shall not affect the awarding of public contracts and concession contracts under Union public procurement rules or the application of Union State aid rules.
2. Public authorities or entities shall make publicly available by electronic and user-friendly means information on an annual basis about their public expenditure for state advertising. That information shall include at least the following:
| (a) | the legal names of the media service providers or the providers of online platforms from which services were purchased; |
| (b) | where applicable, the legal names of the business groups of which any media service providers or providers of online platforms as referred to in point (a) are part; and |
| (c) | the total annual amount spent and the annual amounts spent per media service provider or provider of an online platform. |
Member States may exempt subnational governments of territorial entities of less than 100 000 inhabitants, and entities controlled, directly or indirectly, by such subnational governments, from the obligation under point (b) of the first subparagraph.
3. National regulatory authorities or bodies or other competent independent authorities or bodies in the Member States shall monitor and report annually on the allocation of state advertising expenditure to media service providers and to providers of online platforms based on the information listed in paragraph 2. Those annual reports shall be made publicly available in an easily accessible manner.
In order to assess the completeness of the information on state advertising made available pursuant to paragraph 2, national regulatory authorities or bodies or other competent independent authorities or bodies in the Member States may request from the public authorities or entities referred to in the first subparagraph of paragraph 2 further information, including more detailed information on the application of the criteria and procedures referred to in paragraph 1.
Where the monitoring, assessment and reporting are carried out by other competent independent authorities or bodies in the Member States, they shall keep the national regulatory authorities or bodies duly informed.
CHAPTER IV
FINAL PROVISIONS
Article 26
Monitoring exercise
1. The Commission shall ensure that the internal market for media services, including risks to and progress in its functioning, is independently and continuously monitored (the ‘monitoring exercise’). The findings of that monitoring exercise shall be subject to consultation with the Board and shall be presented to and discussed with the contact committee.
2. The Commission shall, in consultation with the Board, define key performance indicators for, methodological safeguards to protect the objectivity of and criteria for selecting the researchers for the monitoring exercise.
3. The monitoring exercise shall include:
| (a) | a detailed analysis of media markets in all Member States, including as regards the level of media concentration and risks of foreign information manipulation and interference; |
| (b) | an overview and forward-looking assessment of the functioning of the internal market for media services as a whole, including as regards the impact of online platforms; |
| (c) | an overview of risks to media pluralism and the editorial independence of media service providers where they could impact the functioning of the internal market; |
| (d) | an overview of measures taken by media service providers with a view to guaranteeing the independence of editorial decisions; |
| (e) | a detailed overview of frameworks and practices for the allocation of public funds for state advertising. |
4. The monitoring exercise shall be carried out annually. The results of the monitoring exercise, including the methodology and data used therefor, shall be made publicly available and presented annually to the European Parliament.
Article 27
Evaluation and reporting
1. By 8 August 2028, and every four years thereafter, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.
2. In the first such evaluation referred to in paragraph 1 of this Article, the Commission shall in particular examine the effectiveness of the functioning of the Board’s secretariat referred to in Article 11, including as regards the adequacy of resources in relation to the performance of its tasks.
3. For the purposes of paragraph 1 and at the request of the Commission, Member States and the Board shall send it relevant information.
4. In carrying out the evaluations referred to in paragraph 1 of this Article, the Commission shall take into account:
| (a) | the positions and findings of the European Parliament, the Council and other relevant bodies or sources; |
| (b) | outcomes of the relevant discussions carried out in relevant fora; |
| (c) | relevant documents issued by the Board; |
| (d) | the findings of the monitoring exercise referred to in Article 26. |
5. The reports referred to in paragraph 1 may be accompanied, where appropriate, by a proposal to amend this Regulation.
Article 28
Amendments to Directive 2010/13/EU
Directive 2010/13/EU is amended as follows:
| (1) | Article 30b is deleted. |
| (2) | References to Article 30b of Directive 2010/13/EU shall be construed as references to Article 13(1), point (c), of this Regulation. |
Article 29
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall apply from 8 August 2025. However:
| (a) | Article 3 shall apply from 8 November 2024; |
| (b) | Article 4(1) and (2), Article 6(3) and Articles 7 to 13 and 28 shall apply from 8 February 2025; |
| (c) | Articles 14 to 17 shall apply from 8 May 2025; |
| (d) | Article 20 shall apply from 8 May 2027. |
This Regulation shall be binding in its entirety and directly applicable in all Member States.