Article 30 of the Audiovisual Media Services Directive assumes the independence of audiovisual media regulators. However, current legal instruments only focus on pre-existing legal safeguards of independence, since at this time there are no clear and enforceable safeguards available in the European legal and regulatory context to ensure that regulators operate independently within member states.The objective of independence is to ensure that all players operate on equal ground: different opinions have equal chances of reaching and audience if each market player can expect and attain equal treatment in terms of market access and potential sanctions. To measure whether equal treatment prevails, conclusions can be derived from an evidence-based review of the authority’s performance.

It is necessary to introduce new criteria into EU legislation that assess the real performance of National Regulatory Authorities as and integral part of independence.

Independence Authorities