European Media Policy Grounded in Fundamental Rights: Linking the Council of Europe and the European Union

This chapter explores the evolving interplay between the Council of Europe (CoE) and the European Union (EU) in safeguarding fundamental rights in the context of media policy. Both organisations have a long history in media policy, and both have extensively adapted their standards to counter recent threats resulting from digitisation and democratic backsliding. In this process the EU has significantly expanded its safeguards for fundamental rights, traditionally the CoE’s main focus. This convergence raises the possibility of conflict but also that of mutual reinforcement. In this chapter we first sketch the history of increasing convergence between EU and CoE media policy and provide an overview of each institution’s recent overlapping activities. We then argue for a closer relationship between the two institutions in the context of fundamental rights in media policy, focusing on the need for consistency between their respective standards, the normative guidance CoE standards can provide to the EU, and the practical implementation of fundamental rights standards EU enforcement can ensure. We close by suggesting ways in which a mutually reinforcing relationship between the two institutions can be operationalised through closer legal and organisational ties.