A3-0435/93

Resolution on the Commission Green Paper 'Pluralism and media concentration in the internal market'

The European Parliament,

-having regard to the Commission Green Paper 'Pluralism and media concentration in the internal market' (COM(92)0480 - C3-0035/93),

-having regard to Rule 51 of its Rules of Procedure,

-having regard to the report of the Committee on Culture, Youth, Education and the Media and the opinions of the Committee on Legal Affairs and Citizens' Rights and the Committee on Economic and Monetary Affairs and Industrial Policy (A3-0435/93),

A.having regard to its resolutions of 15 February 1990 on media takeovers and mergers and 16 September 1992 on media concentration and diversity of opinions, in which it drew attention to the dangers of media concentration for diversity of opinion and pluralism and expressed the view that national media legislation alone was no longer sufficient to safeguard diversity of opinion and pluralism in Europe,

B.welcoming the fact that the Commission has considered the problem, presented its Green Paper 'Pluralism and media concentration in the internal market' and, in advance of Community measures, has already initiated a comprehensive consultation process with the parties concerned,

C.whereas media concentration and cross-ownership are increasing in the Community; whereas, once established, such cross-ownership, where it reduces diversity of opinion, is difficult to reverse,

D.convinced that legislation should therefore be adopted without delay to enable the Community, where necessary, to take measures to limit media concentration on a European scale which threatens diversity of opinion and pluralism,

E.whereas there is a need to harmonize national legislation which imposes restrictions on the media in order firstly to prevent them being evaded and secondly to safeguard the operation of the internal market, thereby at the same time increasing the competitiveness of the European media,

F.having regard to the important contribution made by public broadcasting to promoting diversity of opinion, pluralism and general education; whereas such broadcasting is subject to different market conditions from commercial broadcasting,

G.whereas the market share of public non-commercial broadcasting in some Member States has been declining sharply since the advent of commercial broadcasting,

H.whereas the change towards multi-media is coming fast as a result of technological developments; whereas a directive is needed to take account of its impact on the mass media,

I.whereas the Community should accede to the European Convention on Human Rights and Fundamental Freedoms and thereby take on the obligation to protect freedom of expression and the diversity deriving therefrom and should contribute to further development of that right, inter alia in relation to countries with which it has concluded association or other agreements,

J.noting that the world market for media (TV, radio, written material) is huge, that today the EC has the largest individual share of it, and that this sector has great employment potential for the future,

K.whereas the internal market for the media sector can provide more profits, jobs and cultural diversity, and hence lead to a greater readiness to invest, more training places and more research and development activity in the sector,

L.bearing in mind that legislation on media concentration must take into account not only the economic dimension but also, and to an equal degree, the cultural dimension, and that strengthening the overall competitiveness of European media must be accompanied by strengthening of economic and cultural pluralism in this sector,

M.aware that the control of a large audience share within a particular area by one individual or company poses a danger to pluralism, cultural diversity and the quality of the media, by lessening media autonomy and independence,

N.whereas pluralism in the media is an essential element in the construction of the European Union in accordance with the requirements of democracy and respect for human rights laid down by Article F of the Treaty on European Union,

O.whereas the disparities between Member States' legislation on pluralism and concentration may represent an obstacle to the operation of the internal market, particularly as regards the freedom to provide services and freedom of establishment,

1.Calls on the Commission to submit a proposal for a directive firstly harmonizing national restrictions on media concentration and secondly enabling the Community to intervene in the event of concentration which endangers pluralism on a European scale; in doing so the Commission should consult the parties concerned in accordance with Option III, Sub-option c, as referred to in the Green Paper (directive or regulation in conjunction with an independent committee); the following criteria should apply:

(a)it should cover the entire media sector, i.e. the print media as well as the audiovisual media; only in this way can multimedia concentration (cross-ownership) be assessed more effectively and, if necessary, limited,

(b)it must not be based on the issue of formal ownership alone: it must be possible to investigate whether a 'dominant influence' exists for other reasons (e.g. sleeping partners, alliances, dependence on one programme supplier or one advertiser),

(c)certain groups/companies should be excluded from participation in particular media sectors (disqualified persons): for example, advertising agencies should not be allowed to run newspapers or radio or television companies and vice versa,

(d)syndicates for the purchase of advertising space should likewise be subject to stringent national and Community provisions governing competition, to ensure that they cannot influence the editorial lines of the various media either directly or indirectly; the linking of advertising and programming (barter) should be restricted,

(e)cross-ownership involving programme suppliers, including holders of programme rights and programme producers, on the one hand, and broadcasters on the other hand, should be subject to a strict application of the law on competition,

(f)the principle of absolute transparency of ownership should apply; radio and television broadcasters should be compelled to reveal full details of ownership and trusteeships and any other relevant economic data (by analogy with cartel law); changes in ownership should be reported. Independent experts appointed by the supervisory authorities for the media and required to maintain confidentiality must be allowed to inspect the relevant documents, including tax documents, upon request; refusal to disclose such information on the grounds that it is confidential for commercial reasons should be prohibited,

(g)in so far as, by virtue of effective safeguards provided by national legislation, a broadcasting organization is structured independently and in such a manner as to ensure internal diversity, and operates on a non-profit-making basis, it should be exempted from the provisions of the directive except those on transparency,

(h)in accordance with the subsidiarity principle, any Community action must allow the Member States sufficient scope to meet the particular requirements of the media in their country. This applies above all to the organizational structure of the media, programming rules and positive measures including those to promote non-commercial radio stations or independent newspapers,

(i)it must be possible, inter alia for Member States, to respond to new and currently unforeseeable threats to diversity of opinion, for example if telephone companies offer to distribute programmes,

(j)the independent committee or European Media Council should have a purely advisory function: with the support of the national institutions responsible for the media, the following tasks and powers should be entrusted to it:

-observing developments in the media both in Europe and elsewhere, including technical/economic and social trends; submitting a report on the media every two years;

-ensuring complete transparency with regard to cross-ownership (disclosure of all private and public share-holdings);

-submitting to the Commission reports and opinions on planned mergers between enterprises on a Community or European scale;

-making proposals to the Commission concerning possible deconcentration measures;

2.Takes the view that the proportion of media consumers reached by a particular media proprietor (controller) is an appropriate additional criterion for assessing the degree of concentration in the media;

3.Takes the view that the quality and diversity of this sector (how this industry develops and the information it seeks to provide) is at the very heart of democracy;

4.Expects the harmonization of national provisions restricting media concentration to afford a high level of protection to pluralism and diversity of opinion and expects that, at the same time, access to the market for new media enterprises will be eased;

5.Calls on the Community and Member States to do their utmost to ensure that the EC directive is subsequently complemented by a Council of Europe Convention in order to take into account the pan-European dimension of media concentration;

6.Calls on the Commission once again to present proposals concerning the catalogue of measures set out in the European Parliament's resolution of 16 September 1992 and propose an action programme to promote pluralism and diversity of opinion, including, in particular:

-a proposal for a directive on the right of access to information from Community and national authorities, along the lines of the US Freedom of Information Act;

-a European media code to maintain professional ethics, which should ideally be drawn up by the parties concerned;

-a framework directive safeguarding journalistic and editorial independence in all media;

7.Instructs its President to forward this resolution to the Commission and the Council.