Media Regulatory Authorities

The Council of Europe recognises the important role of independent regulatory authorities entrusted with responsibility for regulating the audio-visual sector at national level, as contributors towards fostering a favourable environment for freedom of expression.

Enjoying genuine independence in law and in practice is a prerequisite for these authorities to be able to carry out their remit in an effective, transparent and accountable manner.

The Council of Europe recognises that, to guarantee the existence of a wide range of independent and autonomous media in the audio-visual media sector, it is essential to provide for its adequate regulation. A regulation framework must guarantee freedom of expression whilst at the same time ensuring a balance between this freedom and other legitimate rights and interests. For this purpose, specially appointed national regulatory authorities (NRAs) enjoying genuine independence, guaranteed by law and borne out in practice, have an important role to play.
While recognising that there is a great diversity in the member states with regard to NRAs remit, some of their essential tasks include the granting of broadcasting licences, monitoring of programmes’ compliance with legal obligations, as well as the adoption of code of practices and regulations in the field of pluralism, transparency of media ownership, protection of minors, promotion of social and cultural diversity, combating hate speech, etc.

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Thematic Leaflet

Brief overview of the latest Council of Europe guidelines and activities to support the independence of media regulatory authorities

Identifying risks

Despite their important functions, it remains a challenge in many European member states to establish or preserve full independence of regulatory authorities.

In particular, means of funding of the NRAs and the procedures for appointment of their members have the potential to work both as levers for exerting pressure and as guarantees of independence.

Secretary General of the Council of Europe

In his 2017 annual report “State of Democracy, Human Rights and the Rule of Law”, the Secretary General of the Council of Europe stressed that “less than half of Council of Europe member states have established fully independent regulatory authorities.”

International Conference on Public Service Media and Democracy

The International Conference on Public Service Media and Democracy, co-organised by the Council of Europe, the European Broadcasting Union and the Czech Parliament held in November 2016 in Prague, discussed the role of national parliaments in protecting the media focusing on public service media.

In this context, the participants recalled the specific role of parliaments in ensuring institutional independence and financial sustainability of media regulatory authorities.

News Media Regulatory Authorities

Back Presentation of the Study “Regulatory Authorities for Electronic Media and Media Literacy - Comparative analysis of the best European practices”

Presentation of the Study “Regulatory Authorities for Electronic Media and Media Literacy - Comparative analysis of the best European practices”

Information event for stakeholders of the media community in Serbia on presentation of the Study “Regulatory Authorities for Electronic Media and Media Literacy - Comparative analysis of the best European practices” was organized by the Council of Europe Office in Belgrade, JUFREX Programme and the Embassy of Finland in Serbia, on 20 December 2018, in order to jointly point out the importance of the development of media literacy in Serbia and the Western Balkans region.

The study analyzes and indicates challenges and issues that come with living in a digitalized, hypertechnological mediated world, in which we are faced with countless information, issues of disinformation and fake news, algorithmic separation in ideological echo chambers, hate speech, clickbait journalism, and decreased trust in both mainstream media and the level of journalistic professionalism. With such a media ecosystem, it is vital to define the position of a regulatory authority for electronic media as well as its responsibilities and obligations, and stress the regulator's role in promoting and developing media literacy, one of the key skills for living in the 21st century and the answer to many questions and challenges that come with the modern era.

"The Council of Europe considers media literacy one of the main tools for strengthening media pluralism and the quality of media content. All media actors in Serbia have the responsibility to promote media literacy to enable understanding and critical analysis of content offered by traditional and digital media. Especially children have the right to a safe and stimulating media environment" said Head of the Council of Europe Office in Belgrade, Tobias Flesenkemper.

The study emphasizes that a prerequisite for every democratic process is a well-informed citizen. The Study presents several examples of best European practices and how to engage regulatory bodies and all other relevant actors to increase media literacy, with a particular focus on the Finnish model in this area. Media education is implemented in Finland wherever there are children and youth, not only in kindergartens and schools, but also in libraries, playrooms, youth centers, even in virtual communities and digital games.

As pointed out by the Ambassador of Finland in Belgrade, Perti Ikonen, the high level of media literacy of citizens is what the media in Finland forces to adhere to high professional standards, and basically the work of the institutions responsible for the promotion of media literacy.

Finland took over the chairmanship of the Committee of Ministers of the Council of Europe in November this year, and during its term of office, until May 2019, the priorities of the Finnish Presidency will be to strengthen the human rights and rule of law system in Europe, support equality as well as inclusiveness with a particular focus on youth and the prevention of radicalization.

The study was developed within the framework of the Joint European Union and the Council of Europe Programme "Strengthening the Judicial Expertise on Freedom of Expression and Media in South-East Europe (JUFREX)".

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This event was implemented with the financial assistance of the European Union and the Council of Europe. The views expressed herein can in no way be taken to reflect the official opinion of the European Union

Belgrade 20 December 2018

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Promoting standards

Committee of Ministers Recommendation on the independence and functions of regulatory authorities for the broadcasting sector

The Committee of Ministers Recommendation on the independence and functions of regulatory authorities for the broadcasting sector (2000) sets out a number of prerequisites for the independence of NRAs from public authorities, political forces and economic interests with regard to the procedures for appointment of their members and the means of their funding.

In particular, it stresses that specific rules should be defined as regards incompatibilities of members and that the funding of NRAs should be specified in law in accordance with a clearly defined plan, with reference to the estimated cost of their activities.

Other normative documents, adopted by the Committee of Ministers and the Parliamentary Assembly of the Council of Europe, promote some aspects relevant for the scope of their remit.

Building capacity

Over the past decade, the Council of Europe has promoted these standards through numerous cooperation activities in member states and partner countries with a focus on strengthening media freedom and supporting the independence and efficient functioning of NRAs.

For example, within the Council of Europe and the European Union joint programme “Reinforcing Judicial Expertise on Freedom of Expression and the Media in South-East Europe (JUFREX)”, the representatives of the NRAs of the region, with the support of the Council of Europe, produced a publication on “Media Regulatory Authorities and Hate speech” in June 2017. This publication contains information about significant cases that were dealt with by them and offers a starting point in providing recommendations in combating hate speech in the media.

Moreover, supporting the Tunisian authority for audio-visual communications was also one of the priorities of the Council of Europe cooperation activities in Tunisia in 2015-2017.

Developing Cooperation

The Council of Europe regularly participates in the meetings of regional platforms and networks of cooperation between regulatory authorities such as: