The Association of European Radios (AER) is the Europe-wide trade body for commercial radio, representing the interests of companies operating over 5,000 commercial radio stations to the EU Institutions. AER promotes the development of commercially-funded radio broadcasting in Europe, by ensuring a fair and sustainable economic framework for radio so it can continue to thrive.

Commercial radio is funded almost entirely by advertising, but it provides significant social and public value.  It is the most trusted medium by European citizens and reaches large audience for long periods of time with a mix of music, news, entertainment and talk.  Radio content is a well-edited and well-produced mixture of audio, which is free-to-air and free-to-access, transmitted via wired or wireless means – mainly broadcast, but also cable, satellite or online.

Radio is also part of a much wider audio market.  Growing music streaming services, podcasts and online audio platform are transforming the industry and mean that listeners have more options than ever before.  High-speed internet access and the growth of connected devices – from smartphones to smart speakers – mean that audiences can listen to almost anything at any time.  These changes bring exciting opportunities but also challenges, with radio embracing its role at the heart of this audio revolution.

MEDIA FREEDOM, MEDIA PLURALISM AND INDEPENDENCE

SUPPORT A STRONG, INDEPENDENT AND HIGH-QUALITY CHOICE OF MEDIA

Commercial radio provides significant social and public value. Radio reaches large audiences for long periods of time with a mix of music, news, entertainment and talk; an input that is highly valued by audiences with radio found to be the most trusted medium in Europe. Given its influential role toward public opinion, radio is tightly regulated at national level thanks to a framework implemented by State-independent regulators.

Commercial radio’s independence is crucial and must be supported. It should not be undermined by large public service broadcasters or especially tech giants that are becoming increasingly dominant in advertising and content distribution.

ACCESS

SECURE FUTURE ACCESS, DISCOVERABILITY AND FINDABILITY OF RADIO ON ANY DEVICES AND USER INTERFACES 

Radio is everywhere, mobile, simple-to-use, interactive and free-to-air. Guaranteeing multi-standard solutions for radio and allowing listeners to access radio programmes via all possible devices is the way forward. Commercial radio is mainly listened to on broadcast platforms, but also cable, satellite or online. Its reception through FM or DAB/DAB+, complemented by IP, represents great opportunities for listeners to easily access radio services. New devices like smart speakers and in-car-infotainment systems are also being widely used to access radio and audio. This raises serious issues regarding fair access and the role of tech companies as ‘gatekeepers’ to radio and audio content.

Broadcast platforms remain vital. Current frequency bands provide legal and economic certainty to commercial radios and must be secured. With the shift from analogue to digital, radio’s access, discoverability and findability should be ensured to all listeners, through innovative solutions such as 5G for broadcasting.

COMPETITION

ENSURE A LEVEL THE PLAYING FIELD WITH TECH PLATFORMS AND FAIR COMPETITION WITH PUBLIC SERVICE BROADCASTERS

Radio remains the biggest part of audio listening overall but faces particular pressure from tech giants and aggregators which have become increasingly powerful.

A legislative framework, going beyond transparency requirements, is paramount to creating a balanced framework for audio businesses in the European market. Strong actions from the EU Legislators are needed to create a more level playing field and challenge the current liability exemption benefiting to non-media platforms that equally influence millions of Europeans daily.

COPYRIGHT

SUPPORT AN EFFICIENT, AFFORDABLE AND FAIR COPYRIGHT REGIME FOR RADIO 

Commercial radio supports the creativity of artists and rightsowners through the diligent payment of rights thanks to efficient systems in place at national level.

As a broadcaster, radio creates content and is also a rightsholder of related right. An efficient and affordable rights clearance to use copyright material both on-air and online is paramount to radio’s future. Transparent and accountable collective licensing is generally the best way to achieving this outcome, while also ensuring that creators are rewarded fairly. In addition, radio’s related rights when its content is being accessed on a digital environment should be properly enforced to ensure its investment in original and European content is fairly compensated.

ADVERTISING

PREVENT UNNECESSARY ADVERTISING RESTRICTIONS AND STRICT TRANSPARENCY OBLIGATIONS

Commercial radio is funded almost entirely by advertising, enabling it to remain free-to-air and free-to-access to millions of listeners. It relies on its advertising business model to be present on every platform, including online, enabling it to create content and innovate.

Unnecessary restrictions on advertising should be avoided, as studies show long terms and conditions in radio and audio do not benefit consumers and fail to provide protection. Advertising limitations offline and online also severely impact radio’s opportunities to remain a valuable European content provider by cutting off revenue.

PROMOTION

PROMOTE INNOVATION AND THE VALUE OF EUROPE’S CREATIVE INDUSTRIES 

Commercial radio is at the heart of the European cultural and creative eco-system; it is difficult to imagine life without radio as it would certainly lose part of its colour and emotion. EU funding provides great opportunities for incentivising and promoting innovation and EU partnerships. Initiatives from the European media industry require promoting from the EU; they allow for creative, innovative and trusted alternatives against some of the current models.

Equally, commercial radio remains of great importance for the promotion of artists. Introducing content restriction or quotas hinders their economic viability, especially in an era of online platforms.

For more information, please contact the AER office in Brussels at aer(Replace this parenthesis with the @ sign)aereurope.org

Imagine a world where platforms can censor negative news about themselves, where they can make arbitrary adjustments to their terms and conditions to block or remove news stories and real debate between citizens online is curtailed. This is what could happen if platforms are not obliged to respect European fundamental rights in the Digital Services Act (DSA).

This week in plenary, MEPs will vote on the DSA’s final amendments. This is an historic moment for European citizens whose activities and media consumption, especially since the pandemic, have largely shifted online. Representatives from the media sector remind lawmakers that, without the proper policies in place, platforms will continue to have free rein on what content is seen by European citizens. This is unacceptable from a media freedom and democratic perspective.

Despite contradictory and false messaging, the recently tabled amendments to article 12(1) and recital 38 are not a “media exemption” but would ensure the safeguard of fundamental rights online. Tabled by MEPs from across the political spectrum, amendments 511 and 513 (see text below) clarify that platforms must respect media freedom and pluralism, as well as respect better communication with media organizations. We wholeheartedly welcome the efforts of a diverse group of MEPs to include this important safeguard in the DSA and encourage the Plenary to support them during the vote.

“These amendments draw from abuses directly experienced by media organizations, from the suspension of business accounts to the deletion of entire uploads. Making platforms accountable to fundamental rights and media laws should not be a nice-to-have but the cost of doing business. Moreover, preserving a quality and diverse media ecosystem is our best tool against the proliferation of fake news,” concluded Conor Murray from EGTA.

“Our sector regrets that the very organisations that claim to fight disinformation – a very serious and technical matter – would publicly campaign against the media freedom amendment and especially overlook the substance of the suggestions,” lamented Francesca Fabbri from AER.

“There is no filter to lawful content in the offline world, so citizens should not be forced to accept such behaviour online. Failure to protect fundamental rights and media content online would mean that under a DSA without the safeguard clause, the boundaries of press freedom would no longer be defined by law, but by private companies,” stated Ilias Konteas, from EMMA & ENPA.

Wout van Wijk, from News Media Europe added: “The DSA is all about clarifying platforms’ responsibilities and content moderation, including towards media organisations. As the DSA creates a risk of muzzling the media, such risk must be addressed right now.”

Wouter Gekiere from the EBU said: “The latest amendments look to introduce obligations to make platforms accountable for upholding fundamental rights and to respect media freedom and applicable content rules. No more, no less. The media sector is subject to many content rules at European and national level. Platforms should not override them, for example by setting different age limitations on editorial content. These types of actions put limits to our media and freedom of expression laws.”

Angela Mills Wade from EPC noted, “There is no justification for imposing on legitimate news publishers a second, parallel system of regulation. The platforms’ algorithms are not remotely capable of making the very sophisticated judgements which our editors make, and which they defend in Court if necessary. Furthermore, we have seen all too often that algorithms cannot understand context; for instance, an algorithm will be unable to understand the difference between a video of a terrorist incident used by a terrorist website to promote its aims, and the same piece of content used on by a news publishers to illustrate a legitimate news report.”

Without amendments to safeguard the fundamental rights enshrined in the Charter, including media freedom and freedom of speech, online platforms would be legally allowed to remove editorial content entirely on the basis of their terms and condition. This would lead to a situation where the boundaries of press freedom are not defined by law but by private companies.

Notes to press: Full text of amendments

Amendment 513 – Proposal for a regulation Article 12 – paragraph 1

Amendment 511 – Proposal for a regulation – Recital 38

For more information, please contact the AER office in Brussels at aer(Replace this parenthesis with the @ sign)aereurope.org">aer(Replace this parenthesis with the @ sign)aereurope.org.

Download the PDF here

About Us

The Association of European Radios (AER) is the Europe-wide trade body for commercial radio, representing the interests of companies operating over 5,000 commercial radio stations to the EU Institutions. The AER’s mission is to promote the development of commercially-funded radio broadcasting in Europe, by advocating for a fair and sustainable economic regulatory framework for radio, which will, in turn, allow commercial radio to continue to deliver significant public value and, beyond that, support media plurality, improve social cohesion and promote European culture.

The Association of European Radios (AER) is the Europe-wide trade body for commercial radio, representing the interests of companies operating over 5,000 commercial radio stations to the EU Institutions. AER promotes the development of commercially funded radio broadcasting in Europe, by ensuring a fair and sustainable economic framework for radio so it can continue to thrive.

Radio is the most trusted medium in Europe and commercial radio reaches 85% of European citizens each week. 

1. MEDIA PLURALISM – support a strong, independent and high-quality choice of media

Commercial radio provides significant social and public value. Radio reaches large audiences for long periods of time with a mix of music, news, entertainment and talk; an input that is highly-valued by audiences with radio found to be the most trusted medium in Europe. Given its influential role toward public opinion, radio is tightly regulated at national level thanks to a framework implemented by State-independent regulators.

Commercial radio’s independence is crucial and must be supported. It should not be undermined by large public service broadcasters or tech giants that are becoming increasingly dominant in advertising and content distribution.

2. ACCESS – secure future access to radio, both on-air and online

Commercial radio is mainly listened to on broadcast platforms, but also cable, satellite or online.

Its reception through FM or DAB/DAB+, complemented by IP, represents great opportunities for listeners to easily access radio. New devices like smart speakers are also being widely used to access radio and audio. This raises serious issues regarding fair access and the role of tech companies as ‘gatekeepers’ to radio and audio content.

Broadcast platforms remain vital. Current frequency bands provide legal and economic certainty to commercial radios and must be secured. With the shift from analogue to digital, radio’s access should be ensured to all listeners, through innovative solutions such as broadcasting for 5G.

3. COMPETITION – ensure fair competition with public broadcasters and digital services

Radio remains the biggest part of audio listening overall but faces particular pressure from tech giants and aggregators which have become increasingly powerful.

A legislative framework, going beyond transparency requirements, is paramount to creating a balanced framework for audio businesses in the European market. Strong actions from the EU Legislators are needed to create a more level playing field and challenge the current liability exemption benefiting to non-media platforms that equally influence millions of Europeans daily.

4. ADVERTISING – prevent unnecessary advertising restrictions and protect consumers

Commercial radio is funded almost entirely by advertising, enabling it to remain free-to-air and free-to-access to millions of listeners. It relies on its advertising business model to be present on every platform, including online, enabling it to create content and innovate.

Unnecessary restrictions on advertising should be avoided, as studies show long terms and conditions in radio and audio do not benefit consumers and fail to provide protection. Advertising limitations offline and online also severely impact radio’s opportunities to remain a valuable European content provider by cutting off revenue.

5. PROMOTION – promote the value of Europe’s creative industries

Commercial radio is at the heart of the European cultural and creative eco-system; it is difficult to imagine life without radio as it would certainly lose part of its colour and emotion.

EU funding provides great opportunities for incentivising and promoting innovation and EU partnerships. Initiatives from the European media industry require promoting from the EU; they allow for creative, innovative and trusted alternatives against some of the current models. Equally, commercial radio remains of great importance for the promotion of artists. Introducing content restriction or quotas hinders their economic viability, especially in an era of online platforms.

6. COPYRIGHT – support an efficient, affordable and fair copyright regime for radio

Commercial radio supports the creativity of artists and rightsowners through the diligent payment of rights thanks to efficient systems in place at national level. As a broadcaster, radio creates content and is also a rightsholder of related right.

An efficient and affordable rights clearance to use copyright material both on-air and online is paramount to radio’s future. Transparent and accountable collective licensing is generally the best way to achieving this outcome, while also ensuring that creators are rewarded fairly. In addition, radio’s related rights when its content is being accessed on a digital environment should be properly enforced to ensure its investment in original and European content is fairly compensated.

For more information, please contact the AER office in Brussels at aer(Replace this parenthesis with the @ sign)aereurope.org