EMFA Article 23. Opinions on media market concentrations

The Board should be empowered to provide opinions on draft assessments by the designated national regulatory authorities or bodies or draft opinions by the national regulatory authorities or bodies involved, where the media market concentrations are likely to affect the functioning of the internal market for media services. That would be the case, for example, where such concentrations involve acquisitions by or of an undertaking established in another Member State or operating across borders or result in media service providers having a significant influence on the formation of public opinion in a given media market with potential effects on audiences in the internal market. Where a media market concentration has not been or could not be assessed for its impact on media pluralism and editorial independence by the relevant authorities or bodies at the national level or where the national regulatory authorities or bodies have not consulted the Board regarding a media market concentration that is considered likely to affect the functioning of the internal market for media services, the Board can provide an opinion on its own initiative and should provide an opinion at the request of the Commission. In that context, the Commission should retain the possibility to issue its own opinions.

With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of the elements provided for in this Regulation. In particular, the national authorities or bodies and the Board should consider the expected impact that media market concentrations have on media pluralism, including, in particular, the effect they have on the formation of public opinion, taking into account the online environment. In that respect and particularly where relevant in order to assess the possible impact they have on the formation of public opinion in significant parts of a given media market, the national authorities or bodies and the Board should take into account the geographical reach of the entities involved in media market concentrations. Concurrently, they should consider whether other media outlets that provide different and alternative content would still coexist in the given market or markets if the media market concentration in question is implemented. When assessing safeguards for editorial independence, the national authorities or bodies and the Board should examine the potential risks of undue interference by the prospective owner, management or governance structure in the editorial decisions of the acquired or merged entity. The national authorities or bodies and the Board should also take into account the existing or envisaged internal safeguards which aim to preserve ethical and professional standards as well as the independence of editorial decisions taken within the media undertakings involved. In assessing the potential impact of media market concentrations on media pluralism and editorial independence, the national authorities or bodies and the Board should consider the effect of the concentration in question on the economic sustainability of the entity or entities involved in the concentration. They should also consider whether, in the absence of the concentration, the entity or entities involved in the concentration would be economically sustainable, in the sense that, in the medium term, they would be able to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market. Where applicable, the national authorities or bodies and the Board should also take into account the commitments that any of the parties involved might offer in order to ensure that the relevant media market concentration guarantees media pluralism and editorial independence. Where relevant, the national authorities or bodies in their assessments and the Board in its opinions should also take into account the findings of the Commission’s annual rule of law reports related to media pluralism and media freedom.