Background Study to Inform the Development of a Guidance Note on Media Regulators in a Platform-Based Environment Preparatory Document for the Committee of Experts on Media Regulators in a Platform-Based Environment (MSI-eREG)

This Background Study aims to serve as a foundation for initiating discussions within the Council of Europe’s Committee of Experts on Media Regulators in a Platform-Based Environment (MSI-eREG) on a future Guidance Note on this topic. 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.