National measures affecting media service providers
1. Legislative, regulatory or administrative measures taken by a Member State that are liable to affect media pluralism or the editorial independence of media service providers operating in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non-discriminatory.
2. Any national procedure used for the purpose of adopting an administrative measure as referred to in paragraph 1 shall follow timeframes set out in advance. Such procedures shall be conducted without undue delay.
3. Any media service provider subject to a regulatory or administrative measure as referred to in paragraph 1 that concerns it individually and directly shall have the right to appeal that measure before an appellate body. That body, which may be a court, shall be independent of the parties involved and of any external intervention or political pressure liable to jeopardise its independent assessment of matters coming before it. It shall have the appropriate expertise to enable it to carry out its functions effectively and in a timely manner.
4. Where a regulatory or administrative measure as referred to in paragraph 1 is likely to significantly affect the operation of media service providers in the internal market, the Board shall, on its own initiative, at the request of the Commission or upon a duly justified and reasoned request of a media service provider that is individually and directly affected by such a measure, draw up an opinion on the measure. Without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. The Board and the Commission shall make their opinions publicly available.
5. For the purpose of drawing up an opinion under paragraph 4, the Board and, where applicable, the Commission may request relevant information from a national authority or body that has adopted a regulatory or administrative measure as referred to in paragraph 1 that affects a media service provider individually and directly. The national authority or body concerned shall provide that information without undue delay by electronic means.
Assessment of media market concentrations
1. Member States shall lay down, in national law, substantive and procedural rules which allow for an assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence. Those rules shall:
(a)
be transparent, objective, proportionate and non-discriminatory;
(b)
require the parties involved in such a media market concentration to notify the concentration in advance to the relevant national authorities or bodies or provide such authorities or bodies with appropriate powers to obtain information from those parties which is necessary to assess the concentration;
(c)
designate the national regulatory authorities or bodies as the ones responsible for the assessment or ensure that they are substantively involved in the assessment;
(d)
set out in advance objective, non-discriminatory and proportionate criteria for notifying such media market concentrations and for assessing the impact on media pluralism and editorial independence; and
(e)
specify in advance the timeframes for completing such assessments.
The assessment of media market concentrations referred to in this paragraph shall be distinct from Union and national competition law assessments, including those provided for under merger control rules. It shall be without prejudice to Article 21(4) of Regulation (EC) No 139/2004, where applicable.
2. In an assessment of media market concentrations as referred to in paragraph 1, the following elements shall be taken into account:
(a)
the expected impact of the media market concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media services and the media offering on the market, taking into account the online environment and the parties’ interests in, links to or activities in other media or non-media businesses;
(b)
the safeguards for editorial independence, including the measures taken by media service providers with a view to guaranteeing the independence of editorial decisions;
(c)
whether, in the absence of the media market concentration, the parties involved in the media market concentration would remain economically sustainable, and whether there are any possible alternatives to ensure their economic sustainability;
(d)
where relevant, the findings of the Commission’s annual rule of law report concerning media pluralism and media freedom; and
(e)
where applicable, the commitments that any of the parties involved in the media market concentration might offer to safeguard media pluralism and editorial independence.
3. The Commission, assisted by the Board, shall issue guidelines on the elements referred to in paragraph 2, points (a), (b) and (c).
4. Where a media market concentration is likely to affect the functioning of the internal market for media services, the national regulatory authority or body concerned shall consult the Board in advance on its draft assessment or draft opinion.
5. Within timelines to be established by the Board in its rules of procedure, the Board shall draw up an opinion on the draft assessment or draft opinion referred to in paragraph 4, taking into account the elements referred to in paragraph 2, and transmit that opinion to the national regulatory authority or body concerned and the Commission.
6. The national regulatory authority or body referred to in paragraph 4 shall take utmost account of the opinion referred to in paragraph 5. Where that national regulatory authority or body does not follow the opinion, fully or partially, it shall provide the Board and the Commission with a reasoned justification explaining its position within timelines to be established by the Board in its rules of procedure.
Opinions on media market concentrations
1. In the absence of an assessment or a consultation pursuant to Article 22, the Board, on its own initiative or at the request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where that media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements referred to in Article 22(2). The Board may bring such media market concentrations to the attention of the Commission.
2. Without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter.
3. The Board and the Commission shall make their opinions as referred to in this Article publicly available.
