New European Standards for Pluralism and Transparency of Media Ownership

Tatiana Puiu, Legal Expert

Promoting pluralism and transparency of media ownership is a declared priority in media policies initiated by national authorities, in accordance with Article 10 of the European Convention on Human Rights. Media experts note that the low level of pluralism in the Republic of Moldova is generated by several factors: unsound national legislation that cannot counteract the emergence of monopoly or dominant positions on the media market; the lack of concern of the decision-makers, both for supplementing and diversifying the local media products, as well as for ensuring their accessibility; the lack of instruments and the practice of periodic measurement of media pluralism; the limited interest and reduced capacity of media outlets to diversify their products on the one hand, and to comply with professional standards, on the other hand; the lack of interest from local scientists to investigate the thematic complexity with reference to media pluralism; the limited interest of formative institutions to disseminate knowledge about the significance and importance of media pluralism among future media professionals1.

The last Moldovan Press Status Index, carried out by the Independent Journalism Center, also found that this area lacks an appropriate legal framework and that the existing one is not in compliance with the international standards. The Council of Europe developed for many years an extended set of media standards to help national decision makers to promote the pluralism and transparency of media ownership, and authorities need to adopt legislative measures in line with the aforementioned standards.

What do the New Standards Stipulate?

The Committee of Ministers underlined, in a new Recommendation2 adopted on 7 March 2018, that the progress made in the area of information technology has a huge impact on how the mass-media works and on media pluralism. To meet this challenge, the Recommendation sets out the comprehensive framework guidelines for creating a pluralistic, transparent and participatory media environment, both offline and online. The Recommendation addresses the essential conditions to be met to increase the media pluralism in the 47 Member States of the Council of Europe.  The states are encouraged to develop strategies to increase the sustainability of all mass-media categories, from public service media to local, minority, community and cross-border media.

The Member States are also encouraged to support quality independent journalism and investigative journalism, while fully observing the editorial independence and media operational autonomy. The Recommendation also provides for guidelines to ensure visibility to a diversified media content on several platforms and to disseminate it to the general audience through media training programs.
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Steps to Take for Media Development and Media Pluralism

We believe that the decision makers in the Republic of Moldova should take note of the adopted guidelines and support concrete measures for media development and media pluralism. The following measures are required:

• National authorities should, in consultation with media representatives and civil society organisations, develop strategies and mechanisms to support the professional media, quality journalisms and investigative journalism;
• The legislative framework and national policies should protect the editorial independence and operational autonomy of all media to ensure that key tasks in a democratic society are performed. These policies should be designed and implemented so as to prevent national authorities or any political, economic, religious groups from putting pressure on the media.
• National authorities should adopt specific measures to protect the editorial independence and the operational autonomy of the media in public service by limiting the influence from the State. Supervision and management boards of the public service media should be able to operate in a completely independent manner, while the rules regulating the structure and appointment procedures – should be transparent so as to ensure their independence;
• National authorities are encouraged to develop and implement a comprehensive regulatory framework, tailored to the current situation of the media industry. Relevant media regulations should take into consideration the impact of online media on the public debate, including though the fact that the producers of media content, distributed through online distribution channels and users, are protected from the anti-competitive behaviour of internet operators, which negatively affects media pluralism;
• National authorities are encouraged to provide various forms of financial support, such as the advertising and subsidies, to support journalism education-related projects, media research, investigative journalism and innovation approaches to strengthen media pluralism and freedom of expression;
• Support measures should have well-defined purposes and be based on predetermined, clear, precise, fair, objective and transparent criteria. These should be implemented with the full observance of editorial independence and operational autonomy;
• Support measures should be managed in a non-discriminatory and transparent manner by a body with a functional and operational autonomy, such as an independent media regulation authority;
• Media funding sources should be ensured a high level of transparency so as to provide a full picture of different sources of potential interference with the media editorial and operational independence, and to allow for the effective monitoring and control over risks. For this purpose, the states are encouraged to adopt and implement regulations setting out the disclosure of information on media funding sources obtained from the State funding mechanisms (advertising, grants and loans). The States are also encouraged to promote the disclosure to media of information on contractual relations with other media or advertising agencies and political parties that could influence the editorial independence.’

Against the context of adopting these guidelines, the current legislative framework on media pluralism and media ownership transparency should certainly be adjusted and improved. We will see whether or not these recommendations will be brought before the Parliament this electoral year.

1http://www.media-azi.md/ro/stiri/pluralismul-mediatic-%C8%99i-realitatea...
2 Recommendation CM/Rec(2018)1 of the Committee of Ministers to Member States on Media Pluralism and Diversity of Media Content
------------------------------------------------------------------------------------------------------------------------The article was published within the Advocacy Campaigns Aimed at Improving Transparency of Media Ownership, Access to Information and promotion of EU values  and integration project, implemented by the IJC, which is, in its turn, part of the Moldova Partnerships for Sustainable Civil Society project, implemented by FHI 360.

This article is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The content are the responsibility of author and do not necessarily reflect the views of USAID or the United States Government.