conditions and the procedures for the appointment and dismissal of the heads of national regulatory authorities The Independence and autonomy of the NRA is not just and bodies or the members of the collegiate body fulfilling something to be confirmed in a stated provision. [...] The 2009 Communication from the Commission reiterated Article 41 of the Code deals with the budget of the national these rules and also recognised the need for public service public media service provider and states that: broadcasting to ‘benefit from technological progress’, ‘(1) The budget of the national public media service bring ‘the public the benefits of the new audiovisual and provider is. [...] (2) The subsidies from the state budget undertake ‘the development and diversification of activities shall be determined annually by the state budget law and in the digital age.’ shall represent the volume of subsidies from the state There are many examples of how to update the provisions budget for the previous year, indexed to the consumer price on PSB in the law in order to align with the requi. [...] broadcasters Independence should be ensured in relation to appointments of heads and governing bodies.47 With regard to the appointment of the Director General, Article 36 provides that the Director General shall be appointed by the In his analysis of the legal framework, Richter (2023) noted Parliament on the proposal of the Supervisory and Development that the possible dismissal of the members o. [...] Hence, the provisions regarding dismissal of the Board should be improved according to the recommendations of the OSCE report and in response to the criticism in the European The Code should more clearly distinguish between public Union reports, and the possibility to dismiss the collective service activities and commercial activities and provide body should be removed.
- Pages
- 30
- Published in
- United States of America
Table of Contents
- 1 Introduction 4
- 2 Purpose and Scope of the Code, and definitions 5
- 2.1 Purpose and scope 5
- 2.2 Definitions 5
- 3 Jurisdiction, freedom of reception / retransmission and derogations 6
- 3.1 Jurisdiction of audiovisual media services 6
- 3.2 Freedom of reception and retransmission and derogations 6
- 3.3 Prohibited content 7
- 3.4 Regulation of ‘accurate information’ and impact on self-regulation 9
- 3.5 Related fines and sanctions 9
- 4 Protection of vulnerable people 11
- 4.1 Protection of minors 11
- 4.2 Rights of people with disabilities 11
- 5 Independence of national regulatory authorities 12
- 5.1 Powers and competences of the Audiovisual Council 12
- 5.2 Financing of the Audiovisual Council 12
- 5.3 Appointment and dismissal of management and governing bodies 12
- 6 Video-sharing platform services 14
- 6.1 The distinct regulatory framework for video-sharing platform services 14
- 6.2 Examples of approaches from other jurisdictions 14
- 6.3 Obligations and measures to ensure protection against harm 15
- 6.4 Relationship with the Digital Services Act 15
- 6.5 Comments on the Audiovisual Content Regulation 16
- 6.6 Lack of sanctions for video-sharing platform service providers 18
- 7 Provisions related to the public broadcasters 20
- 7.1 Core values and remit 20
- 7.2 Independence and autonomy 20
- 7.3 Funding 21
- 7.3.1 Methods of funding 21
- 7.3.2 Distinction between public service activities and commercial activities 22
- 7.4 Governance of the national public service broadcasters 23
- 8 Other issues related to the European Media Freedom Act 26
- 8.1 Audience measurement 26
- 8.2 State advertising 26
- 8.3 Protection of journalists 27
- Endnotes 29
