Rethinking European Union competence in the field of media ownership: the internal market, fundamental rights and European citizenship

Abstract:

Though the European Parliament has long pressed for a Directive to limit media ownership, European Commission attempts during the nineties to formulate such a measure stalled owing to Member State opposition and disagreement within the European Commission itself. Since then, media concentration has continued unabated and the case for European intervention remains strong, particularly given the role of the media in keeping European citizens informed. This article considers why, with many new media services and modes of distribution, it remains necessary to place limits on media ownership and examines the various bases for European Union action. It concludes that there is considerable potential for the European Union to support and supplement Member State initiatives in relation to media ownership and media pluralism more generally. Given the previous impasse and Member State sensitivities, consideration should be given to using a range of different regulatory techniques, in particular framework directives and the open method of co-ordination.

A focused and integrated approach is clearly called for, but this may prove difficult at the European level because of the fragmented nature of the European Union institutions.