Search for Indicators for Independence and Efficient Functioning of Audiovisual Media Services Regulatory Bodies

• Project Website http://www.indireg.eu/

• Executive Summary (pdf file)

• Final Report (pdf file)

• Online Ranking Tool and additional material

The Hans Bredow Institute (lead contractor), Katholieke Universiteit Leuven, Central European University, Cullen International as well as Perspective Associates as a subcontractor on behalf of the European Commission carried out a study in order to develop indicators for the independence and effectiveness of regulatory bodies in the audiovisual sector (“Indicators for independence and efficient functioning of audiovisual media services regulatory bodies for the purpose of enforcing the rules in the AVMS Directive” (SMART 2009/0001)). The consortium was supported by a network of correspondents covering each of the 43 countries covered by the study.

Background of this study was Art. 30 of the Audiovisual Media Services Directive (AVMD Directive) which mentions “independent regulation agencies” without further defining them. Hence, there was an interest in clarifying the meaning of “independence” in this context. All the more as in academic literature independent regulators are viewed as beneficial to effective regulation. However, more and more often the question about disadvantages arises, which could be, for example, deficits in democratic dependence.

The study was conducted between February 2010 and February 2011 and had three general objectives:

• A detailed legal description and analysis of the audiovisual media services regulatory bodies in the Member States as well as in candidate and potential candidate countries to the European Union and in the EFTA countries. By way of comparison, the regulatory systems of four other countries, namely the USA, Japan, Singapore and Australia, were analysed, too.
• An analysis of the effective implementation of the legal framework for regulatory bodies in these countries. 
• The identification of key characteristics constituting an “independent regulatory body” in the sense of the AVMS Directive. 

Global aim of the study was the development of indicators that allow the measurement of independence of regulatory bodies in the field of audiovisual media as well as the assessment of these bodies’ functioning to be able to accomplish its tasks to ensure the effective application of the AVMS Directive. Besides a regulatory theoretical framework the study was able to theoretically deduce, empirically establish or – at times – qualify a number of indicators for the independence of media control. As a service of transfer into practice, a ranking tool evolved from the numerous indicators, which provides an opportunity for regulators, governments, agents of civil society and finally also for the European Commission to rudimentarily analyse whether and – if applicable: where – regulators are vulnerable as far as their independence is concerned.