Download "Media pluralism in selected Black Sea countries: the influence of European standards"

How are countries such as Armenia, Georgia, Moldova, Türkiye and Ukraine adapting their laws on media pluralism in light of the new EMFA? We're focusing on five Council of Europe member countries all located in the Black Sea region.

Georgia, Moldova, Türkiye, and Ukraine are all officially candidate countries for accession to the EU and as such they are adapting their legislation to ensure its compliancy with current EU law. In addition, Armenia has signaled its intention to further develop and deepen its partnership and cooperation with the EU. The adoption of the new European Media Freedom Act (EMFA) this year raises new questions and challenges concerning the regulation of media pluralism in these five countries. This new report - Media pluralism in selected Black Sea countries: the influence of European standards - provides a detailed examination of the various aspects of media pluralism regulation in the Black Sea region in comparison with European Union and Council of Europe standards. 
 

This new report is authored by Prof. Andrei Richter of the Comenius University, Bratislava.

Richter opens chapter one with the European Media Freedom Act (EMFA) and mentions its role in shaping media policy across Europe and beyond. 

Chapter two examines the general commitments to media pluralism prevalent in Europe today. This chapter details the fundamental principles of media pluralism as a core EU value. It also identifies key European Court of Human Rights (ECHR) rulings and Council of Europe standards that reinforce these commitments. The author then provides details of the current legal systems in each of the five countries which aim at protecting media pluralism. The author comments that “Moldova stands alone among the five countries in terms of its high degree of legal detail for monitoring and enabling media pluralism.”

Chapter three examines the European approach to transparency of media ownership. The EMFA mandates clear disclosure of media ownership to prevent conflicts of interest and ensure accountability. The Council of Europe’s “Guidelines on media pluralism and transparency of media ownership” also recommend ensuring high levels of transparency concerning the financing of media outlets in order to pinpoint the different sources of potential interference with their editorial and operational independence. The legal framework of each of the five countries is then analysed, with Moldova and Ukraine demonstrating improvement in media ownership transparency.

Chapter four looks at the process of de-oligarchisation of the media sphere. EU legislation does not contain specific provisions for this process, while still encouraging media freedom and pluralism. However, encouraged by the European Commission, Georgia, Moldova and Ukraine produced draft legislation to promote this process in 2023. It was the Council of Europe’s advisory body on constitutional matters, the Venice Commission, which reviewed these draft statues and concluded that they should not be implemented as they were judged to be “difficult to reconcile with the principles of freedom of expression, political pluralism and the rule of law, and had the potential of being abused for political purposes.”

Chapter five looks at editorial independence. This chapter investigates the challenges faced by newsrooms in maintaining editorial independence, free from commercial pressure and media owners’ demands.  Both the EMFA and the Recommendation from the Council of Europe’s Committee of Ministers contain concrete provisions to safeguard editorial independence and operational autonomy. Drilling down into these five countries, the report states that, across this region, editorial independence is at risk due to economic constraints and owner influence. Moldova is highlighted for its relatively advanced legislative framework supporting editorial freedom, while Armenia and Georgia are still in the process of combatting owner interference.

Chapter six rounds off with a look at restrictions on “rogue”/foreign media and “false news”. Europe is tightening up its legislation to combat “fake news” particularly in the wake of the Russian invasion of Ukraine. This chapter looks at the emerging definition of “quality media” (as opposed to “rogue” media subject to foreign information manipulation and interference - FIMI) in both the EMFA and Council of Europe Recommendations. The report assesses the steps taken by Moldova and Ukraine to restrict Kremlin-backed media, which spread disinformation and undermine European values. Georgia and Türkiye's efforts to combat all forms of foreign media influence are also discussed, as they have achieved mixed results.

The author, Andrei Richter, concludes that while progress has been made in aligning Black Sea countries with European standards of media pluralism and transparency, significant challenges still remain. The EMFA could play a crucial role in shaping future developments in media regulation across the region.