C Explanatory memorandum by Ms Gala
Veldhoen, rapporteur for opinionNote
1 Introduction
1. I would like to congratulate
Ms Valentina Grippo (Italy, ALDE) for her report, which provides
a thorough and balanced assessment of the threats to media pluralism
and independence. The report addresses several concerns, including
the phenomenon of media capture by political and economic actors,
the mounting pressure against public service media, the emergence
of news deserts, and the risks to independent and quality media due
to the business practices and market dominance of online platforms.
It therefore covers a wide range of risks highlighted by the 2026
Media Pluralism Monitor (MPM), which concluded that media pluralism
continues to decline across Europe.
Note
2. The report recalls several recommendations of the Committee
of Ministers and refers to legal instruments developed by the European
Union, notably the Merger Regulation, the Digital Markets Act (DMA) and
the European Media Freedom Act (EMFA). The EMFA entered into force
on 7 May 2024 and most of its provisions have applied since 8 August
2025. An independent European Board for Media Services was set up and
started operating in February 2025.
Note As the EMFA is relatively recent,
it will require further examination by the Parliamentary Assembly
to assess whether it is being properly implemented and whether it
effectively contributes to better protection of media freedom and
pluralism within the European Union (EU). Particular attention should
also be paid to the ongoing revision of the Audiovisual Media Services
Directive by the European Commission, which aims to foster a stronger
EU media sector and enhance the resilience of democracies.
Note
3. The report also highlights risks associated with gatekeeping
by TVs and Virtual Assistants and the exploitation of dominant positions
by providers of artificial intelligence (AI) services. This is of
significant importance in the context of an increasingly polarised
and constantly evolving digital environment, to which young people
are particularly exposed. I consider that further work will need
to be undertaken to address the risks to media pluralism and the
quality of the media, posed by online platforms and AI services.
Note In
particular, I would like to underline the potential of competition
law, including EU standards, to serve as an effective tool in addressing
issues arising from media concentration. Effective competition within
the media sector, especially among platforms, should be promoted
through practical approaches. In this regard, the development of
digital platform infrastructures capable of competing with dominant
global platforms could be useful in reducing systemic dependency,
improving media autonomy, and contributing to a more resilient and
diverse information system.
Note
4. The report also addresses various threats, pressures, and
constraints faced by journalists. These include the phenomenon of
transnational repression, which has been the subject of recent Assembly resolutions
and recommendations –
Resolution
2669 (2026) and
Recommendation
2309 (2026) “Fighting back against transnational repression”, as
well as
Resolution 2509
(2023) and
Recommendation
2257 (2023) “Transnational repression as a growing threat to the
rule of law and human rights”.
Resolution 2531 (2024) and
Recommendation
2267 (2024) “Countering strategic lawsuits against public participation
(SLAPPs): an imperative for a democratic society” are also relevant.
In this regard, it is worth noting that, in addition to the recommendation
by the Committee of Ministers referenced in the draft resolution,
the European Union also adopted an anti-SLAPP Directive on 11 April
2024. The deadline for transposition expired on 7 May 2026. On 15 July 2026,
the European Commission initiated infringement proceedings against
fourteen EU member States for their failure or delay in transposing
this directive, underscoring the need for further action in this area.
Note
5. My first proposed amendment to the draft resolution recalls
the case law of the European Court of Human Rights on media pluralism,
thereby promoting a human rights-based approach grounded in Article
10 of the European Convention on Human Rights (ETS No. 5), which
guarantees the freedom of expression. The second amendment serves
to clarify and strengthen the initial proposal regarding the disclosure
of beneficial ownership of the media, thereby enhancing transparency.
2 Explanatory notes
2.1 Amendment A (to
the draft resolution)
The amendment anchors the draft resolution more firmly in
the legal framework provided by the European Convention on Human
Rights, in particular its Article 10, which guarantees the right
to freedom of expression, including the right to receive and impart
information and ideas without interference by public authorities
and regardless of frontiers. According to the European Court of
Human Rights’ case law, States have a “positive obligation to put
in place an appropriate legislative and administrative framework
to guarantee effective pluralism” in the audiovisual sector.Note The amendment emphasises that this obligation
encompasses both external pluralism (pluralism across multiple outlets)
and internal pluralism (pluralism within a single media outlet)
and that these two dimensions are complementary and have to be considered
together when assessing whether the overall media environment guarantees
diversity of overall programme content and safeguards democratic
debate.Note
2.2 Amendment B (to
the draft resolution)
The amendment calls on the Council of Europe member States
to make the disclosure of beneficial ownership of the media mandatory.
This is in line with the standards developed by the Council of Europe,
including Recommendation CM/Rec(2018)1 of the Committee of Ministers to member States on media
pluralism and transparency of media ownership, which encourages
States to develop regulatory frameworks to promote transparency
of media ownership.