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Right of recipients of media services
Member States shall respect the right of recipients of media services to have access to a plurality of editorially independent media content and ensure that framework conditions are in place in line with this Regulation to safeguard that right, to the benefit of free and democratic discourse.
Rights of media service providers
1. Media service providers shall have the right to exercise their economic activities in the internal market without restrictions other than those allowed pursuant to Union law. 2. Member States shall respect the effective editorial freedom and independence of media service providers in the exercise of their professional activities. Member States, including their national regulatory authorities and bodies, shall not interfere in or try to influence the editorial policies and editorial decisions of media service providers. 3. Member States shall ensure that journalistic sources and confidential communications are effectively protected. Member States shall not take any of the following measures: (a) oblige media service providers or their editorial staff to disclose information related to or capable of identifying journalistic sources or confidential communications or oblige any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have such information to disclose it; (b) detain, sanction, intercept or inspect media service providers or their editorial staff or subject them or their corporate or private premises to surveillance or search and seizure for the purpose of obtaining information related to or capable of identifying journalistic sources or confidential communications or detain, sanction, intercept or inspect any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have such information or subject them or their corporate or private premises to surveillance or search and seizure for the purpose of obtaining such information; (c) deploy intrusive surveillance software on any material, digital device, machine or tool used by media service providers, their editorial staff or any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have information related to or capable of identifying journalistic sources or confidential communications. 4. By way of derogation from paragraph 3, points (a) and (b), of this Article, Member States may take a measure referred to therein, provided that it: (a) is provided for by Union or national law; (b) is in compliance with Article 52(1) of the Charter and other Union law; (c) is justified on a case-by-case basis by an overriding reason of public interest and is proportionate; and (d) is subject to prior authorisation by a judicial authority or an independent and impartial decision-making authority or, in duly justified exceptional and urgent cases, is subsequently authorised by such an authority without undue delay. 5. By way of derogation from paragraph 3, point (c), Member States may deploy intrusive surveillance software, provided that the deployment: (a) complies with the conditions listed in paragraph 4; and (b) is carried out for the purpose of investigating one of the persons referred to in paragraph 3, point (c), for: (i) offences listed in Article 2(2) of Framework Decision 2002/584/JHA punishable in the Member State concerned by a custodial sentence or a detention order of a maximum period of at least three years; or (ii) other serious crimes punishable in the Member State concerned by a custodial sentence or a detention order of a maximum period of at least five years, as determined by the law of that Member State. Member States shall not take a measure as referred to in paragraph 3, point (c), where a measure as referred to in point (a) or (b) of that paragraph would be adequate and sufficient to obtain the information sought. 6. Member States shall ensure that the surveillance measures referred to in paragraph 3, point (b), and the deployment of intrusive surveillance software referred to in point (c) of that paragraph are regularly reviewed by a judicial authority or an independent and impartial decision-making authority in order to determine whether the conditions justifying their use continue to be fulfilled. 7. Directive (EU) 2016/680 of the European Parliament and of the Council ( 26 ) , including the safeguards provided therein such as the right of the data subject to information and access to personal data undergoing processing, shall apply to any processing of personal data carried out in the context of the deployment of the surveillance measures referred to in paragraph 3, point (b), of this Article or the deployment of intrusive surveillance software referred to in point (c) of that paragraph. 8. Member States shall ensure that media service providers, their editorial staff or any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have information related to or capable of identifying journalistic sources or confidential communications have a right to effective judicial protection, in line with Article 47 of the Charter, in cases regarding breaches of paragraphs 3 to 7 of this Article. Member States shall entrust an independent authority or body with relevant expertise to provide assistance to the persons referred to in the first subparagraph with regard to the exercise of that right. Where no such authority or body exists, those persons may seek assistance from a self-regulatory body or mechanism. 9. The Member States’ responsibilities as laid down in the TEU and the TFEU are respected.
Safeguards for the independent functioning of public service media providers
1. Member States shall ensure that public service media providers are editorially and functionally independent and provide in an impartial manner a plurality of information and opinions to their audiences, in accordance with their public service remit as defined at national level in line with Protocol No 29. 2. Member States shall ensure that the procedures for the appointment and the dismissal of the head of management or the members of the management board of public service media providers aim to guarantee the independence of public service media providers. The head of management or the members of the management board of public service media providers shall be appointed on the basis of transparent, open, effective and non-discriminatory procedures and transparent, objective, non-discriminatory and proportionate criteria laid down in advance at national level. The duration of their term of office shall be sufficient for the effective independence of public service media providers. Decisions on dismissal of the head of management or the members of the management board of public service media providers before the end of their term of office shall be duly justified, may be taken only exceptionally where they no longer fulfil the conditions required for the performance of their duties according to criteria laid down in advance at national level, shall be subject to prior notification to the persons concerned and shall include the possibility of judicial review. 3. Member States shall ensure that funding procedures for public service media providers are based on transparent and objective criteria laid down in advance. Those funding procedures shall guarantee that public service media providers have adequate, sustainable and predictable financial resources corresponding to the fulfilment of and the capacity to develop within their public service remit. Those financial resources shall be such that the editorial independence of public service media providers is safeguarded. 4. Member States shall designate one or more independent authorities or bodies, or put in place mechanisms free from political influence by governments, to monitor the application of paragraphs 1, 2 and 3. The results of that monitoring shall be made available to the public.
Duties of media service providers
1. Media service providers shall make easily and directly accessible to the recipients of their services up-to-date information on: (a) their legal name or names and contact details; (b) the name or names of their direct or indirect owner or owners with shareholdings enabling them to exercise influence on the operation and strategic decision making, including direct or indirect ownership by a state or by a public authority or entity; (c) the name or names of their beneficial owner or owners as defined in Article 3, point (6), of Directive (EU) 2015/849; (d) the total annual amount of public funds for state advertising allocated to them and the total annual amount of advertising revenues received from third-country public authorities or entities. 2. Member States shall entrust national regulatory authorities or bodies or other competent authorities or bodies with the development of national media ownership databases containing the information set out in paragraph 1. 3. Without prejudice to national constitutional law consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of editorial decisions. In particular, such measures shall aim to: (a) guarantee that editorial decisions can be taken freely within the established editorial line of the media service provider concerned; and (b) ensure that any actual or potential conflicts of interest that might affect the provision of news and current affairs content are disclosed.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.