EUMAP Media Project: Contribution to the NGO Forum, 7th European Ministerial Conference on Mass-Media

Preliminary conclusions and recommendations of the EUMAP report: “Television across Europe: regulation, policy and independence” - due for release in July 2005

The Open Society Institute’s EU Monitoring and Advocacy Program (EUMAP), in collaboration with the Network Media Program (NMP), is presently monitoring media regulation, policy and independence in 20 European countries. The monitoring will result in an upcoming report that aims to examine the evolution of media policy in a recomposing Europe. It will address recommendations to political decision-makers, civil society organisations and media professionals, on how to foster broadcasting models which fit into the seminal process of European integration and serve to advance democracy in an enlarged (and enlarging) Union.

A main objective of the report is to monitor whether the regulation of broadcasting media in Europe, and its implementation in practice, is effective in ensuring impartiality, balance and objectivity. EUMAP’s monitoring focuses mainly on television as the dominant mass medium, and the medium usually considered as the most influential, and therefore the most important, in terms of its impact on the political process. However, some aspects of radio broadcasting are also included.

The EUMAP monitoring team read with interest the comments submitted by NGOs to the Council of Europe’s Steering Committee on the Mass Media, as part of the preparation for the Kyiv Ministerial Conference. Although the EUMAP project is not yet finished, its editors would like to bring to your attention some preliminary conclusions and recommendations of our monitoring.

1. Politicisation of broadcasting regulators and broadcasters

In many countries covered by the EUMAP monitoring, the influence of Governments and politicians on broadcasting regulators was identified as the key impediment to building and ensuring a diverse, impartial and pluralistic broadcasting landscape. (See annex for the list of countries covered by the monitoring). EUMAP recommends that:

• Governments should adopt legislation eliminating political interference in media outlets and media regulators.
• The activities of national Parliaments in adopting media policies and legislation should be closely monitored by civil society organisations and other independent bodies.
• In transition countries, external assistance in drafting and implementing media legislation should continue.
• Governments should strengthen the role of financially and operationally independent broadcasting regulators.

2. The “identity crisis” of public service broadcasting

Many EUMAP country reports highlight the lack of distinctiveness between public service broadcasting (PSB) and private broadcasting, which is considered a result of the “identity crisis” that public service broadcasters across Europe have been experiencing over the past decade. However, there is general consensus that that public broadcasting should maintain and strengthen a distinct role in a democratic European society. EUMAP believes that:

• There is a need for a debate at the national levels on the role of PSB in the booming multichannel environment. The outcome of such a debate should be a statement on the role and philosophy of public broadcasting in a democratic society.
• The Council of Europe should intensify support for a pan-European debate on further reform of public service broadcasting.

3. Non-transparency of media ownership and concentration of media ownership

Although national media legislation often contains regulations against concentration of ownership, consolidation of media ownership has continued at a fast pace, seriously jeopardising the diversity and pluralism of the media, particularly of television. EUMAP recommends that:

• The Council of Europe should adopt guidelines on ensuring transparency of ownership of the media and audience figures.
• At the national level, regulators should be entitled to, and obliged to verify and publish the ownership of the media. For example, the establishment of a public register of media ownership was mentioned as a potential solution to the frequent practice of hiding ownership of media outlets.
• Concentration of ownership should be further restricted at the national level to allow entrance of new players on the broadcasting market.

4. A decline in the professionalism of journalists

EUMAP reporters have also noticed a decline in the professionalism of broadcasting journalists in some countries. Journalists should increase their awareness of the role they play in the society and should build adequate self-regulatory systems and codes of ethics, aimed at ensuring fair reporting. EUMAP recommends that:

• The Council of Europe should provide financing for training of journalists in transition countries?] and encourage responsible self-regulation by media outlets
• The Council of Europe should encourage a higher media literacy
• At the national level, unified codes of journalistic practice should be adopted by journalists organisations and unions and be made known to the general public.

5. Low public participation

The EUMAP reports highlighted lack of public consultation in the field of broadcasting regulation and monitoring. To ensure that PSB responds to public interest, the public should have a more significant role in the debate on media policies and in the regulation of broadcasting. EUMAP recommends that:

• The Council of Europe should recommend that regulators and State authorities to help financially the expansion of viewers’ associations to be socially representative.
• At the national level, the NGO community should be much more closely involved in drafting media legislation; adopting media policy; and monitoring broadcasters. Several national reports advanced the idea of facilitating the creation of independent structures or offices (for instance within universities) to monitor broadcasting.
• At the national level, part of the frequency spectrum should be reserved to non-profit broadcasters such as community media.