Europe’s main piece of media legislation – the Audiovisual Media Services Directive (AVMSD) – was recently revised and a new version entered into force last autumn. This new AVMSD introduces an obligation for EU member states to designate one or more independent national regulatory authorities to oversee the broadcasting and audiovisual media sector in Europe. These must be legally distinct from the government and functionally independent from their respective governments and from any other public or private body.
The European Audiovisual Observatory has an ever vigilant eye on European media legislation and has released, with the scientific coordination of its partner institution – the Institute for Information Law (IViR) of the University of Amsterdam, this in-depth analysis of what the new AVMSD will mean for European regulators.
Executive summary
1. Introduction
1.1. The concept of independent regulation
1.2. Overview of this IRIS Special
2. The value of independent regulation of the audiovisual media sector – Council of Europe
2.1. Introduction
2.2. Recommendation of the Committee of Ministers (2000) on the independence and functions of regulatory authorities
2.3. Declaration of the Committee of Ministers (2008) on the independence and functions of regulatory authorities
2.4. Recommendation (2018) on media pluralism and transparency of media ownership
2.5. European Convention on Transfrontier Television
2.6. Operational assistance and capacity-building supported by the Council of Europe
2.7. European Platform of Regulatory Authorities
2.8. Conclusion
3. The evolution of independent regulatory authorities in the audiovisual media sector in European Union law
3.1. Introduction
3.2. The European Union’s cultural competence
3.3. The evolution of the requirement for independent regulatory authorities in EU audiovisual media law
3.4. Article 30 of the 2018 revised AVMS Directive
3.5. Conclusion
4. The INDIREG study and methodology
4.1. Introduction
4.2. The INDIREG study
4.3. The INDIREG methodology
4.4. Impact of the INDIREG study and methodology
4.5. Synchronising the INDIREG methodology with the Article 30 of the revised AVMS Directive
4.6. Conclusion
5. BA – Bosnia and Herzegovina
5.1. Introduction
5.2. Communications Regulatory Agency
5.3. Conclusion
6. ES – Spain
6.1. Introduction
6.2. The National Markets and Competition Commission
6.3. Conclusion
7. HU – Hungary
7.1. Introduction
7.2. The National Media and Infocommunications Authority
7.3. Conclusion
8. IE – Ireland
8.1. Introduction
8.2. Broadcasting Authority of Ireland
8.3. Conclusion
9. IT – Italy
9.1. Introduction
9.2. Authority for Media and Communication
9.3. Conclusion
10. NL – The Netherlands
10.1. Introduction
10.2. Dutch Media Authority
10.3. Conclusion
11. PL – Poland
11.1. Introduction
11.2. National Broadcasting Council and National Media Council
11.3. Conclusion
12. SE – Sweden
12.1. Introduction
12.2. The Swedish Press and Broadcasting Authority
12.3. Conclusion
13. SI – Slovenia
13.1. Introduction
13.2. Agency for Communication Networks and Services
13.3. Conclusion
14. Conclusions
14.1. Introduction
14.2. Similarities and differences between the Council of Europe standard-setting instruments and Article 30 of the revised AVMS Directive
14.3. Country experiences compared
14.4. Outlook
15. Annex: Abbreviations