Keyword – independence of NRAs

Bayer, Judit:

EMFA: is an equilibrium of powers possible? The perspectives of NRA independence in the EU media landscape

The cornerstones of the regulatory model proposed by EMFA are the independent media authorities, which will be brought together in a new Board. This would link the Commission, which monitors the application of EU principles, with the sovereign media authorities in the Member States. A deficit in the independence of the authorities not only jeopardises the EMFA, but also threatens to undermine European standards. Although Article 30 of the AVMS Directive makes the independence criteria mandatory from 2020 onwards, in some states (such as Hungary) these are not met or are only formally met. This analysis recalls that there already is a methodology for assessing de facto independence instead of formal independence. It recalls the paradox of the legal regulation of independence and points out that the application of the principle of equidistance rather than a negative interpretation of independence (immunity from something) seems to be the new European direction. According to this approach, the actors would mutually control each other and counterbalance each other’s influence.

Keywords: EMFA, independence of the media, independence of NRAs, media freedom, regulatory model