Independent Regulatory Authorities

Background Study to Inform the Development of a Guidance Note on Media Regulators in a Platform-Based Environment external link

2026

Abstract

This Background Study examines the role of media regulators in the new digital environment and considers in addition to traditional media regulators also regulatory authorities of other actors involved insofar as this affects media actors, such as online platforms. The Study highlights that any regulatory framework on media regulators in a platform-based environment must be consistent with the European Convention on Human Rights (ECHR), particularly the right to freedom of expression and media freedom under Article 10 ECHR. It covers aspects of media regulators’ role and competences in a platform-based environment; the conditions necessary to ensure media regulators’ independence; and the need for strengthening national cross-sectoral coordination, cross-border cooperation and international assistance. It moreover explores how the country-of-origin principle and freedom of retransmission interact with mechanisms for effective cross-border cooperation.

RIS

TY  - RPRT
AU  - Irion, K.
AU  - Fahy, R.
PY  - 2026
DA  - 2026-03-18
T1  - Background Study to Inform the Development of a Guidance Note on Media Regulators in a Platform-Based Environment
UR  - https://rm.coe.int/09125948802afe9e
AB  - This Background Study examines the role of media regulators in the new digital environment and considers in addition to traditional media regulators also regulatory authorities of other actors involved insofar as this affects media actors, such as online platforms. The Study highlights that any regulatory framework on media regulators in a platform-based environment must be consistent with the European Convention on Human Rights (ECHR), particularly the right to freedom of expression and media freedom under Article 10 ECHR. It covers
aspects of media regulators’ role and competences in a platform-based environment; the conditions necessary to ensure media regulators’ independence; and the need for strengthening national cross-sectoral coordination, cross-border cooperation and international assistance. It
moreover explores how the country-of-origin principle and freedom of retransmission interact with mechanisms for effective cross-border cooperation.
K1  - Council of Europe
K1  - digital platforms
K1  - ECHR
K1  - Independent Regulatory Authorities
K1  - media freedom
ER  -

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Bibtex

Report{CoE-Background-Study,
	title = {Background Study to Inform the Development of a Guidance Note on Media Regulators in a Platform-Based Environment},
	author = {Irion, K. and Fahy, R.},
	url = {https://www.ivir.nl/publications/background-study-to-inform-the-development-of-a-guidance-note-on-media-regulators-in-a-platform-based-environment/cdmsiinf20261_background-study-to-inform-the-development-of-a-guidance-note-on-media-regulators-in-a-platform-based-environment/},
	year = {2026},
	date = {2026-03-18},
	abstract = {This Background Study examines the role of media regulators in the new digital environment and considers in addition to traditional media regulators also regulatory authorities of other actors involved insofar as this affects media actors, such as online platforms. The Study highlights that any regulatory framework on media regulators in a platform-based environment must be consistent with the European Convention on Human Rights (ECHR), particularly the right to freedom of expression and media freedom under Article 10 ECHR. It covers
aspects of media regulators’ role and competences in a platform-based environment; the conditions necessary to ensure media regulators’ independence; and the need for strengthening national cross-sectoral coordination, cross-border cooperation and international assistance. It
moreover explores how the country-of-origin principle and freedom of retransmission interact with mechanisms for effective cross-border cooperation.},
	keywords = {Council of Europe, digital platforms, ECHR, Independent Regulatory Authorities, media freedom},
}

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The independence of media regulatory authorities ‘on the books’ and ‘on the ground’

Irion, K.

Handbook of Media and Communication Governance, Edward Elgar Publishing, 2024, Cheltenham, UK

Abstract

Independent regulatory authorities are the default choice for regulatory governance in European countries’ audiovisual media sector. Pursuant to European Union law and the standard setting of the Council of Europe, Member States should create conditions for the effective functioning of independent regulatory authorities. The 2018 revision of the EU’s Audiovisual Media Services Directive contains an obligation to designate independent regulatory authorities. Research on independent regulatory authorities suggests that the relationship between higher levels of formal independence (‘on the books’) and actual independence (‘on the ground’) is not linear. Put differently, there are limits to institutional engineering via prescriptive legislation because other factors external to the law play out decisively for regulators’ actual independence. This chapter will explore the research and the practice of independent regulatory authorities in European countries’ audiovisual media sector. The empirical basis is country-level and comparative surveys on independent media supervisory authorities in European countries.

RIS

TY  - CHAP
AU  - Irion, K.
PY  - 2024
DA  - 2024-07-29
T1  - The independence of media regulatory authorities ‘on the books’ and ‘on the ground’
DO  - https://doi.org/10.4337/9781800887206.00019
AB  - Independent regulatory authorities are the default choice for regulatory governance in European countries’ audiovisual media sector. Pursuant to European Union law and the standard setting of the Council of Europe, Member States should create conditions for the effective functioning of independent regulatory authorities. The 2018 revision of the EU’s Audiovisual Media Services Directive contains an obligation to designate independent regulatory authorities. Research on independent regulatory authorities suggests that the relationship between higher levels of formal independence (‘on the books’) and actual independence (‘on the ground’) is not linear. Put differently, there are limits to institutional engineering via prescriptive legislation because other factors external to the law play out decisively for regulators’ actual independence. This chapter will explore the research and the practice of independent regulatory authorities in European countries’ audiovisual media sector. The empirical basis is country-level and comparative surveys on independent media supervisory authorities in European countries.
K1  - Audiovisual Media Services Directive
K1  - Council of Europe
K1  - European regulation
K1  - Independent Regulatory Authorities
K1  - media governance
ER  -

Save .RIS

Bibtex

Chapter{nokey,
	title = {The independence of media regulatory authorities ‘on the books’ and ‘on the ground’},
	author = {Irion, K.},
	doi = {https://doi.org/10.4337/9781800887206.00019},
	year = {2024},
	date = {2024-07-29},
	abstract = {Independent regulatory authorities are the default choice for regulatory governance in European countries’ audiovisual media sector. Pursuant to European Union law and the standard setting of the Council of Europe, Member States should create conditions for the effective functioning of independent regulatory authorities. The 2018 revision of the EU’s Audiovisual Media Services Directive contains an obligation to designate independent regulatory authorities. Research on independent regulatory authorities suggests that the relationship between higher levels of formal independence (‘on the books’) and actual independence (‘on the ground’) is not linear. Put differently, there are limits to institutional engineering via prescriptive legislation because other factors external to the law play out decisively for regulators’ actual independence. This chapter will explore the research and the practice of independent regulatory authorities in European countries’ audiovisual media sector. The empirical basis is country-level and comparative surveys on independent media supervisory authorities in European countries.},
	keywords = {Audiovisual Media Services Directive, Council of Europe, European regulation, Independent Regulatory Authorities, media governance},
}

Save .bib

Keyword: Independent Regulatory Authorities

Background Study to Inform the Development of a Guidance Note on Media Regulators in a Platform-Based Environment external link

Abstract

Links

RIS

Bibtex

The independence of media regulatory authorities ‘on the books’ and ‘on the ground’

Abstract

Links

RIS

Bibtex