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have accused the Polish government of using such legislation to target an opposition outlet and to restrict free speech in the country. If it would pass, the law would allow the government to exercise a high level of control over media ownership. However, the ruling party in Poland has explained that the intention behind the law was to stop foreign autocratic influence on Polish media. Another piece of proposed legislation with a similar rationale sparked protests in
Georgia in 2023. If passed, nongovernmental organizations and media outlets receiving over a fifth of their funding from without Georgia would be required to register as "agents of foreign influence". These two are examples of conflict between government regulation regarding the transparency of media ownership and funding on the one hand, and the prospect of media outlets being intimidated by the government and thereby possibly silenced, harming free speech on the other.
80:
threshold; name and contact details of direct owners with a given percentage of shareholding; identity of the persons with indirect control or have a significant interest in a given media company; citizenship/residence status of individuals with at least a certain shareholding percentage; country of domicile of company with at least a given shareholding percentage. Importantly, to understand who really owns and controls a specific media outlet it is necessary to check who is beyond the official shareholdings and scrutinise indirect, controlling and beneficial ownership which refers on shares of a media company hold on behalf of another person.
260:'s study on Indicators for Media Pluralism (2009) recognises transparency of media ownership and/or control as a key indicators of media pluralism. Also, media ownership transparency is essential for preventing concentration of media power which can unduly influence public opinion and the political debate. Precisely, transparency of media ownership is a precondition for assessing levels of concentration or other dimensions of diversity in a given media system. Indeed, if readers don't know who the real owners of media companies are, it is difficult to envisage measures to address
221:
Alternatively, or in addition, an accessible, easy-to-navigate and searchable online database on transparency of media ownership can be developed by an independent body. In both cases, to be effective and functional, databases should be regularly updated. Also, to make possible comparisons across countries, a systematic approach to collect, record and share information should be set up, connections and interoperability among national databases should be pursued and shared standards for exchanging data on transparency of media ownership should be developed.
256:(ECHR) which entails a positive obligation for the state to "put in place an appropriate legislative and administrative framework to guarantee effective pluralism". One of the way for guaranteeing media pluralism is to ensure a wide diversity of media ownership, which is a necessary but not sufficient condition for pluralism. Media ownership is also important in terms of pluralism as it might affects media outputs and contents while transparency empowers readers to detect and appraise owners influences on the media and its contents. The
100:
230:
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595:"transparency of media ownership and of funding sources (be) essential with a view to guaranteeing media freedom and pluralism" in guidelines issued in a 2014 Foreign Affairs Council meeting. Under the section on actions, the guidelines state that “d) Support actions by third countries to improve transparency of media ownership, the adoption of measures against media concentration and fair and transparent licensing allocation as the associated risks have grown more acute in the digital age”.
52:
market can function on a fair basis, especially, for instance, for new entrants in the market. Moreover, transparency of media ownership facilitates the public knowledge on the media environment; makes possible a critical assessment of the contents produced and strengthens debate on the way the media system operates. The importance of transparency of media ownership for any democratic and pluralist society has been broadly recognised by the
423:
independent
Commission on Concentration of the Media. The KEK also publishes reports that are distributed to media, politicians, universities, libraries, etc. In turn, the public use of available databases depends not only on their effective accessibility, but also on factors such as public awareness and confidence in starting and handling requests.
371:
constitution does not impose a positive obligation upon the state, but simply provides the option of disclosing media ownership transparency data. Constitutions, in some cases, are more focused on disclosure of information to the government or other public body than disclosure directly to the citizens. In this case, the
594:
the lack of media ownership transparency is identified as a risk for media plurality. The
European Commission's High Level Group on media freedom and pluralism identified “the lack of media ownership transparency” as a key recommendation in its 2013 report. Then a 2014 European Council meeting stated
422:
and
Germany developed good practices in terms of online, updated searchable databases. In particular, in Germany the competent media authorities release annual lists with data on national media outlets, including the participating interests, and publish such information on the website of the KEK, the
414:
Checks on the data provided and on its regular updating and accuracy, as well as sanctions for failure in reporting or updating it, can help improve the quality of recorded data, which are crucial for assessing media ownership transparency. There is great variability on these sanctions across Europe,
473:
Disclosure rules vary remarkably from country to country, and within each country for different types of companies. Consequently, the available data is both fragmented and incoherent, often technical in nature, thus making difficult for the public to understand and for experts to compare data across
469:
Generally, these kind of provisions require to disclose data on the name and nationality of the owner's; address; shareholdings; founding capital, etc., but the exact rules, percentages and thresholds vary from country to country. Failure to provide the requested information generally leads to fines
410:
Forth, even if media ownership transparency information released to public authorities can in principle be accessed also by the public through freedom of information legislation, in practice, however, in many cases freedom of information is not fully implemented or reliance on it may be perceived by
178:
in Europe, to understand who and how effectively owns or control the media, it is crucial that information provided to comprehend and assess media ownership structures are regularly updated, consistent and searchable. Also, citizens should be able to get information on all types of media actors in a
91:, notes with concern that media outlets are frequently owned and controlled in an opaque-manner. This is due either to the lack of national transparency provisions or to non-transparent indirect or hidden ownership schemes, often linked to political, economic or religious interests and affiliations.
482:
Several organisations provide valuable information on media ownership to the public. For example, in Italy, the
Communications Regulatory Authority (AGCOM) publishes annual reports, which are presented to the parliament, explaining market shares and the main stakeholders in the media market. In the
406:
Third, disclosure legislation varies extensively across Europe also in terms of the type of information required to be released (e.g. details of shareholders and size of their holdings; interests of affiliated individuals; indirect interests; interests in other media companies; sources of revenues;
220:
Operationally many options are possible to guarantee the disclosure of information on media ownership. A simple approach is to call upon media outlets to publish relevant ownership information on an accessible website displayed or linked in the organisation's publications, transmissions or website.
182:
In Europe, transparency of media ownership is infrequently addressed directly in domestic constitutions, and even when this happens, as in the case of Italy, Romania or Turkey, constitutional provisions do not impose a specific positive obligation on the state to ensure that citizens have access to
130:
Indeed, access to information is crucial for the good functioning of democratic societies as it enables citizens to make informed decisions and choices on social, political, economic issues affecting personal and collective life. Specifically, transparency of media ownership contributes to make the
51:
undue influences over the media, etc., and makes possible that such abuses are recognised, assessed, publicised, debated and prevented. Transparency also ensures that ordinary citizens can be informed about the identity, interests and influences behind contents and news they consume, and that media
426:
In 2021, the Polish legislature attempted to pass a law that would ban companies in countries that are not EEA members from owning a piece of any Polish media company large enough for them to control the company. However, following US pressure, the bill was vetoed by
President Andrej Duda. Critics
361:
Constitutional provisions recognising freedom of speech and access to information are widely included in national constitutions across Europe, and, even if they are general in nature and scope, they potentially lay the ground for media ownership transparency legislation. For instance, this is the
86:
Transparency of media ownership remains difficult to fulfill in most of
European countries. While some EU member States have legislation ensuring transparency of media ownership in compliance to the best international standards, such legislation is still lacking in many member States and in some
79:
To ensure that the public knows who effectively owns and influences the media, national legal frameworks should ensure the disclosure of at least the following essential basic information: name and contact details of the media outlets; constitutional documents; size of shareholdings over a given
387:
Given the variability of such provisions in Europe, and given the fact that in many countries the required data disclosure is not conceived for directly addressing media transparency, the information provided are in many cases inadequate and does not serve the objective of effectively assessing
383:
There is a noticeable variation across Europe concerning the extent and the type of the media sectors involved (i.e. the broadcasting sector; print and online sectors) in the provisions regulating media ownership disclosure to public bodies, which in many cases is a dedicated media authority. A
598:
In
December 2020, the European Commission adopted the European Democracy Action Plan 2, at the core of which are "media freedom and pluralism." In order to "improve the understanding and public availability of media ownership information", the Commission announced it would help finance a Media
370:
on the basis of the obligations enshrined in the constitution. In addition, constitutional provisions, which vary from country to country, do not ensure transparency of media ownership as this depends on how broadly they are construed and then implemented. This is particular relevant when the
440:
purposes, resulting in the disclosure of information that are badly suited for revealing the true state of media ownership. In addition, as in the case of disclosure to public authorities, some problems impede the full implementation of the existing rules, in particular, lack of enforcement,
435:
Disclosure of media ownership transparency information directly to the public can be implemented through public registers or by posting data on a media organisation's website. In Europe, disclosure directly to the citizens is often determined not for the sake of controlling or avoiding media
196:
provides the basis for requesting information from competent agencies and public bodies. As a consequence, often media ownership transparency aimed at fulfilling the objective of primarily informing the public on media ownership structure is therefore often a byproduct of other measures.
23:
ownership structures. A legal regime guaranteeing transparency of media ownership makes possible for the public as well as for media authorities to find out who effectively owns, controls and influences the media as well as media influence on political parties or state bodies.
415:
but what is common is that sanctions are rarely implemented for a series of reasons: lack of sufficient resources; lack of expertise in the authorities that should check; an unwillingness to check organisations that might have powerful political or commercial influences, etc.
391:
First, European countries legislation is not homogeneous in requiring disclosure from all three media sectors (i.e. broadcasting; print and online). This, also, creates a patchwork of databases containing different type of information, making data comparison complicated.
118:. Even if media ownership transparency is not directly addressed in key international human rights charters, transparency is a basic precondition for the effective exercise of freedom of expression and the right to obtain information enshrined in Article 19 of the
131:
public to establish who provides the information on which to shape personal and collective choices as, for instance, knowledge of the identity and interests of the messenger can help individuals in appraising the information spread through the media.
599:
Ownership
Monitoring System, setting out to create a publicly available database containing information on media ownership. The project was started in September 2021, with pilot results for the Euromedia Ownership Monitor expected in September 2022.
403:). This can be problematic because public bodies can have discretion in authorising media services, so any links between media authorities and executive branches should be carefully reviewed to ensure their independence from political power.
388:
whether domestic ownership limits or prohibitions are being respected. More specifically, there are at least five reasons explaining why effective media ownership transparency is limited despite the existence of specific legislation.
187:
legal provisions on media ownership transparency is partially explained with the fact that often the existing laws have been established with the aim of fulfilling other regulatory objectives, such as providing information to
461:
interests in private companies. However, while these rules can provide useful insights into company ownership, usually they do not provide real information on who actually owns and controls a media company, in particular
280:
which in this context refers on shares of a media company held on behalf of another person, is frequently debated in Europe, but there are no agreed standards or binding commitments. In June 2013, governments of the
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of companies and trusts. The five countries concerned also urged the remaining G20 countries calling for progress towards a global system for exchanging such information, to be developed, for instance, by the
444:
Overall, the different national regimes in place in Europe, do not properly perform the function of making clear to the citizens relevant data for meeting citizens' interests in media ownership transparency.
539:
There are also cases of media company voluntarily providing information on their financial sources and ownership structure directly to the public through their websites. This is the case, for instance, of
110:
Transparency of media ownership corroborates some constitutional guarantees and individual rights which are strictly related to the inclusiveness and openness of the democratic process, in particular
150:
data concerning the persons or bodies participating in the structure of the media; the nature and share of such participation and, where possible, the ultimate beneficiaries of such participation;
384:
crucial issue for media ownership transparency is whether and how the information provided to public authorities is comprehensive, meaningful, updated and easily accessible to the wider public.
310:. Even if these commitments are not specifically related to the media sector, they are important steps towards the disclosure of beneficial owners of companies, including the media ones. At the
35:
Transparency of media ownership is an essential component of any democratic media system. Experts, European organisations and NGOs agree that transparency of media ownership is crucial for
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Overall, the information provided through these kind of sources and organisations, is not enough systematic or detailed for providing an adequate account of media ownership transparency.
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of companies recognising the need to make this information available to relevant authorities to prevent misuse of companies. The declaration was followed by a
November 2014 statement by
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and guidelines calling for ownership transparency. However, they usually do not provide sufficient stimulus to reveal information that can be politically and commercially sensitive.
307:
146:. According to this recommendations, to understand who and how effectively owns or control the media the public should be in the condition of accessing the following information:
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119:
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which encourages the "disclosure of ownership of all media outlets to help achieve greater transparency regarding the aims and background of the broadcasters and publishers".
127:
737:
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Centre for Media Pluralism and Media Freedom, European Union Competencies in Respect of Media Pluralism and Media Freedom, EUI RSCAS PP, 2013/01. Retrieved 2 September 2016
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Second, in Europe disclosure is often made to public media authorities, but in some cases disclosure is required to a specific ministry (such as the Ministry of Culture in
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Transparency International, 28 June 2016, After the Panama Papers it's time for beneficial ownership transparency (Laure Brillaud), 28 June 2016. Retrieved 29 August 2016
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When assessing the state of media ownership transparency, five dimensions should be taken into account to establish who and how controls the media in a given country:
64:. In the last years, there has been an unprecedented debate at the global level around company ownership transparency which has been addressed, for example, by the
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information on the nature and extent of the interests held by persons and bodies participating in a media structure in other media and in other economic sectors;
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76:" scandal, the lack of records held by the Panama-based legal firm Mossack Fonseca, transparency of company ownership gained momentum in the public debate.
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To be meaningful and easily accessible by the citizens and national media authorities, this information should be updated, searchable, free and reusable.
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leaders setting the principles on media ownership transparency. In April 2016, following the lack of records held by the Panama-based legal firm
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General non-media specific transparency requirements regulating disclosure rules for company ownership, such as conflict of interest rules;
47:. Moreover, public knowledge of media owners' identities can prevent abuses of media power, such as corruption in the media system, opaque
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cases national legislation allows for hidden or indirect media ownership. A recent 2015 resolution by the Parliamentary Assembly of the
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provides information on television companies operating in Europe with the aim of enhancing transparency in the television sector.
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information on the persons and bodies in the position to exercise a meaningful influence on the editorial policy of a given media;
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In many European countries, academics, NGOs and civil society carry out research and mapping of media ownership, and publish
487:, the Commissariat for the Media (CvdM) publishes online an annual report with information on trends and developments in the
454:
1186:"Media freedom and pluralism: launch of the media ownership monitoring project | EU Commission Press | PubAffairs Bruxelles"
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governments in a 2014 statement setting the principles on media ownership transparency. In 2016, following the so-called "
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There is a group of three constitutional provisions that are relevant when it comes to transparency of media ownership:
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301:"), the UK, Germany, France, Italy and Spain reached an agreement for easing the automatic exchange of information of
65:
1159:
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Also in terms of public accessibility there are considerable variations across Europe: for instance, countries like
175:
140:
Committee of Ministers' Recommendation R(94) 13 on Measures to Promote Media Transparency and Recommendation (2007)2
1343:
648:
578:
At the EU level, the legislative competence concerning media ownership transparency is controversial. However, the
556:
466:). This is because the primary objective of rules that are not media-specific is not media ownership transparency.
367:
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in the EU member states on the basis of a set of legal, economic and socio-cultural indicators. According to the
372:
766:
99:
857:
785:"Texts adopted - Concentration and pluralism in the media in the European Union - Thursday, 25 September 2008"
457:, that can indirectly strengthen media ownership transparency, or company laws that require the disclosure of
904:"TRANSPARENCY OF MEDIA OWNERSHIP IN EUROPE: A report for the High-Level Group on Media Freedom and Pluralism"
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and is an essential component of government obligations to guarantee a diverse and plural media environment.
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Non media-related specific transparency rules can be found in other legislative acts, such as domestic and
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The need to collect and make available to the public crucial information on media ownership, in particular
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925:"Independent Study on Indicators for Media Pluralism in the Member States – Towards a Risk-Based Approach"
48:
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Guidelines and milestones on what media ownership transparency might entails can be found in non-binding
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Media-related provisions regulating the disclosure of media ownership information to public authorities
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Media-related provisions regulating the disclosure of ownership information directly to the citizens;
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has promoted a number of initiatives to improve citizens' awareness of media pluralism, such as the
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Media-related provisions regulating the disclosure of ownership information directly to the citizens
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Media-related provisions regulating the disclosure of ownership information to public authorities;
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Group adopted the "Lough Erne Declaration" which included a commitment to make transparent the
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refers to the public availability of accurate, comprehensive and up-to-date information about
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According to experts and organisation advocating for media ownership transparency, such as
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Another non-binding document on media ownership transparency is a 2008 Resolution from the
966:"Polish president vetoes controversial media ownership law | Courthouse News Service"
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effectively monitors the media providing data and statistics to the public. Similarly, in
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Media Pluralism monitor: monitoring risks in EU Member States. Retrieved 2 September 2016
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and democracy as, for instance, it provides the knowledge to take steps to address
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etc.), including different thresholds and application to different media sectors.
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becomes highly relevant as it is the ground for accessing media ownership data.
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Who owns the media?: competition and concentration in the mass media industry
106:
students demonstrate in favour of transparency in school administration, 2010
237:
Transparency of media ownership is deeply interrelated with the concepts of
179:
given countries, whether print, broadcast, or online, foreign or domestic.
876:"Application no. 38433/09, Centro Europa 7 S.R.L. And Di Stefano v. Italy"
318:
is working to improve the beneficial ownership provisions included in the
159:
information regarding the support measures benefiting media organisations.
396:
1095:"EU Human Rights Guidelines on Freedom of Expression Online and Offline"
225:
Transparency of media ownership, media pluralism and media concentration
549:
525:
322:, adopted in 2015 and currently in the process of being transposed by
1160:"Media Ownership Monitoring System | Shaping Europe's digital future"
1023:
738:"Media ownership and concentration in Europe: a comparative analysis"
502:
419:
363:
58:
European Commission's High-Level Group on Media Freedom and Pluralism
248:
Specifically, media ownership transparency is crucial for promoting
1000:"Database on audiovisual services and their jurisdiction in Europe"
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Sources of regulation for transparency of media ownership in Europe
204:
Constitutional provisions relating to media ownership transparency;
228:
98:
26:
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publications on the topic. For instance, in Spain the platform
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provisions which directly address media ownership transparency;
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649:"Media Plurality Series: The Transparency of Media Ownership"
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and sanctions, and invalidation of the company registration.
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citizens to be excessively complex and even confrontational.
1074:"A free and pluralistic media to sustain European democracy"
999:
478:
Other sources of information on media ownership transparency
555:
Finally, professional and trade organisations, such as the
980:"Georgians protest against draft law on media, nonprofits"
335:
Transparency of media ownership and domestic constitutions
881:. European Court of Human Rights. 7 June 2012. p. 43
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or for company law purposes. In many European countries,
1275:
Media concentration and democracy: why ownership matters
674:"TEN RECOMMENDATIONS ON TRANSPARENCY OF MEDIA OWNERSHIP"
586:, a monitoring tool for assessing risks and threats for
272:
Transparency of media ownership and beneficial ownership
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Other sources providing media ownership information.
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International Covenant on Civil and Political Rights
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The European Union and media ownership transparency
1038:"Media Plurality: What Can the European Union Do?"
536:, provides useful information on media ownership.
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664:
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174:, a human rights NGO dedicated to promoting the
1251:Compaine, Benjamin M.; Gomery, Douglas (2000).
441:inadequate oversight and minimal requirements.
491:, including data on ownership, market shares,
144:Media Pluralism and Diversity of Media Content
1344:
8:
1101:. Council of the European Union. 12 May 2014
852:
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449:Non-media specific transparency requirements
183:information on media ownership. The lack of
1313:European Centre for Press and Media Freedom
1360:Transparency of media ownership in Europe
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1337:
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124:European Convention on Human Rights (ECHR)
698:"Making beneficial ownership transparent"
563:, establish self-regulation provisions,
946:"Poland's parliament passes media bill"
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1207:"EurOMo – Euromedia Ownership Monitor"
858:"Transparency of Media Ownership FAQs"
832:Craufurd-Smith, R; Stolte, Y (2014).
732:
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647:Thompson, Mark (11 December 2013).
609:Media freedom in the European Union
320:4th Anti-Money Laundering Directive
254:European Convention on Human Rights
194:freedom of information legislation
14:
534:Centre for Independent Journalism
128:EU Charter of Fundamental Rights.
1146:"European Democracy Action Plan"
619:Concentration of media ownership
507:European Audiovisual Observatory
399:, or the Ministry of Justice in
346:provisions which are related to
138:documents, in particular on the
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252:, a principle set forth in the
17:Transparency of media ownership
1278:. Cambridge University Press.
767:"Recommendation CM/Rec(2007)2"
436:concentration, but rather for
176:right to access to information
1:
1164:digital-strategy.ec.europa.eu
557:Norwegian Press Organisations
368:Norwegian Media Ownership Act
1305:"Who really owns the media?"
1121:"Legislative train schedule"
614:Access to public information
355:access to public information
1324:Euromedia Ownership Monitor
841:The University of Edinburgh
373:right to access information
66:Open Government Partnership
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1036:Harcourt, Allison (2015).
126:, and Article 11.1 of the
1024:Portal de la Comunicación
518:Portal de la Comunicación
1272:Baker, C. Edwin (2007).
1099:data.consilium.europa.eu
233:International newspapers
1728:Media freedom in Europe
911:Open Society Foundation
592:Media Pluralism Monitor
584:Media Pluralism Monitor
522:University of Barcelona
1409:Bosnia and Herzegovina
1230:E. M. Barendt (2007).
789:www.europarl.europa.eu
353:provisions concerning
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107:
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548:in the UK, and DV in
266:conflict of interests
232:
116:Freedom of Expression
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45:conflict of interests
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1257:. Psychology Press.
745:SPRL Wagner-Hatfield
544:newspaper in Italy,
464:beneficial ownership
455:EU competition rules
303:beneficial ownership
287:beneficial ownership
278:beneficial ownership
262:media concentrations
122:, Article 10 of the
49:media privatisation,
1625:States with limited
1125:European Parliament
1040:. London: Palgrave.
932:European Commission
580:European Commission
561:Swiss Press Council
542:Il Fatto Quotidiano
438:consumer protection
326:into national law.
316:European Commission
258:European Commission
243:media concentration
165:European Parliament
54:European Parliament
41:media concentration
1301:Access-Info Europe
913:. 22 October 2012.
862:Access Info Europe
773:. 31 January 2007.
683:. 4 November 2013.
624:Media transparency
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172:Access-Info Europe
108:
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31:Axel Springer logo
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1166:. 18 October 2021
771:Council of Europe
532:, managed by the
348:freedom of speech
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1224:Bibliography
1210:. Retrieved
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1692:Isle of Man
1627:recognition
1601:Switzerland
1536:Netherlands
1212:25 February
1191:25 February
1170:25 February
1130:25 February
885:2 September
794:25 February
681:access-info
520:run by the
501:level, the
485:Netherlands
474:countries.
314:level, the
264:as well as
68:and by the
1738:Media bias
1717:Categories
1571:San Marino
1531:Montenegro
1511:Luxembourg
1491:Kazakhstan
1394:Azerbaijan
1236:. Oxford.
630:References
530:Mediaindex
401:Azerbaijan
1682:Gibraltar
1506:Lithuania
1026:(Spanish)
1009:12 August
751:9 January
1702:Svalbard
1687:Guernsey
1634:Abkhazia
1586:Slovenia
1581:Slovakia
1556:Portugal
1414:Bulgaria
603:See also
397:Bulgaria
362:case of
95:Overview
60:and the
1611:Ukraine
1561:Romania
1521:Moldova
1479:Ireland
1474:Iceland
1469:Hungary
1459:Germany
1454:Georgia
1444:Finland
1439:Estonia
1434:Denmark
1419:Croatia
1404:Belgium
1399:Belarus
1389:Austria
1384:Armenia
1379:Andorra
1374:Albania
1105:28 July
559:or the
550:Iceland
526:Romania
497:At the
1697:Jersey
1639:Kosovo
1606:Turkey
1596:Sweden
1576:Serbia
1566:Russia
1551:Poland
1546:Norway
1526:Monaco
1496:Latvia
1464:Greece
1449:France
1424:Cyprus
1282:
1261:
1240:
1004:Mavise
514:ad hoc
420:Norway
364:Norway
297:(the "
185:ad hoc
56:, the
1672:Åland
1591:Spain
1516:Malta
1486:Italy
1077:(PDF)
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677:(PDF)
350:, and
21:media
1280:ISBN
1259:ISBN
1238:ISBN
1214:2022
1193:2022
1172:2022
1132:2022
1107:2024
1011:2024
887:2016
796:2022
753:2017
528:the
308:OECD
241:and
114:and
43:and
653:LSE
291:G20
142:on
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