While virtual assistants are already listed as core platform services under the DMA, none have been designated so far, creating a regulatory gap. With the rapid integration of AI, these virtual assistants are increasingly becoming key entry points to media content across smartphones, smart speakers and in-car infotainment systems.

For radio, this development is particularly critical. As audiences access radio and audio through voice commands, virtual assistants can effectively control which content is found, prioritised or excluded altogether. Without DMA obligations, this risks limiting fair access, reducing discoverability and undermining media pluralism.

Broadcasters therefore urge the Commission to act swiftly: designate major virtual assistant providers as gatekeepers, launch a market investigation if thresholds are not met, and clarify the definition of business users to reflect real market dependencies.

With AI-driven interfaces reshaping how audiences access content, ensuring fair and open access through virtual assistants is becoming an urgent priority for the future of radio in Europe.

Signatories (in alphabetical order)

1. Association of Commercial Television and Video on Demand Services in Europe (ACT)
2. Association of European Radios (AER)
3. Asociace komerčních televizí (AKTV)
4. Slovak Television Broadcasters’ Association (ATVS)
5. Asociația Română de Comunicații Audiovizuale (ARCA)
6. Confindustria Radio Televisioni (CRTV)
7. European Broadcasting Union (EBU)
8. European association of television and radio sales houses (egta)
9. Televisión Comercial en Abierto (UTECA)
10. Verband Privater Medien (VAUNET)
11. Verband Österreichischer Privatsender (VOP)

Read the joint letter here. 

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

Radios inform, entertain and educate their audience. During natural disasters like devastating floods, deadly wildfires and earthquakes fuelled by the worsening climate crisis, radio is the first, and often the only remaining tool to inform and support the public.

During emergencies and natural disasters, the population can rely on broadcast radio to freely access trustworthy, high-quality information, anytime and anywhere, even via small, inexpensive, battery-powered radio receivers. Radio has proven fast, agile and effective to spread information widely in critical situations.

In their role to deliver trusted and lifesaving information, commercial radios bare burdensome public value obligations and are therefore in no position to compete with other market players for spectrum. Securing spectrum in the future, which is needed for the terrestrial distribution of broadcast content, is of paramount importance.

Luka Đurić, AER Vice-President and Director of the Croatian Radio Forum comments: “Broadcast radio has proven to be one of the most reliable sources of information in times of crisis in Croatia, both during the Homeland War in the ‘90s and after the recent earthquakes. Its accessibility, independence from internet or mobile networks, and its ability to quickly reach a large number of people make it an essential communication tool in emergency situations.

Following the devastating earthquakes, when mobile networks were overloaded or down, people turned to radio in their cars to stay informed. This highlights the continued importance of traditional broadcasting, especially in disaster scenarios where digital infrastructure may fail. The resilience of radio ensures that critical information reaches those in need, reinforcing its role as a vital public service.

Today, on World Radio Day we celebrate how vital radio is in times of climate crisis and environmental disasters, a source of information that you trust and a lifeline that keeps you safe.”

Daniela Beaujean, Vice-president of the AER and Managing Director of VAUNET – Verband Privater Medien adds: “During the severe floodings in Germany in 2021, radio played a vital role in warning and informing the population.

In Germany radio reaches 90% of the population and 75% listen to radio daily. Radio is still a true mass medium with a special approach and proximity to listeners when it comes to information and content with social and public value. That is why it is important that all distribution channels for radio (FM, DAB and IP) stay available for broadcasters – in order to reach their audiences on a daily basis and especially in times of such crisis and catastrophes.”

For more information, please contact aer(Replace this parenthesis with the @ sign)aereurope.org.

Read the full letter here.

For more information, please contact aer(Replace this parenthesis with the @ sign)aereurope.org.

Apple’s new terms not only disregard both the spirit and letter of the law, but if left unchanged, make a mockery of the DMA and the considerable efforts by the European Commission and EU institutions to make digital markets competitive.

Read the full joint industry letter co-signed by the AER, here.

For more information, please contact aer(Replace this parenthesis with the @ sign)aereurope.org.

Read the full statement here.

Radio, the Trusted Guide in a Changing World

Article 19 of the Universal Declaration of Human Rights, states: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

World Radio Day 2024 marks 100 years of radio, a period in which it has become the medium that is arguably closest to human hearts and minds, providing news, entertainment and education in all corners of the world. It satisfies our need to be informed both for day-to-day decision-making and in times of emergency and crisis. Over the past century, radio has proved itself as a crucial medium in maintaining freedom of opinion and expression, often being the only one still up and running in times of crisis.

Studies have repeatedly shown that radio has the greatest trust, with most citizens rating it above television, the internet, social networks or the written press. Radio is a triumph of accessibility, immediacy and intimacy, and there’s a strong public-interest case for protecting it and our access to it.

We believe that remaining easily accessible to all people, in all places, regardless of how they receive radio means using terrestrial broadcast networks (both analogue and digital) – still relied upon by the majority of listeners globally – and fostering online access to radio that is just as democratic and open.

Cars are a particular concern, consistently among the most popular locations for radio listening. Whether it is terrestrial broadcast or internet, radio in cars should not just be easy to find, it must be impossible to miss.

Information is a public good and a shared resource for all of humanity. Radio has its place in the digital transformation of the information ecosystem, complementing the internet and digital platforms. The evolution of communication technologies should advance people’s right to receive information and ideas through any media – instead of regressing it.

We call upon governments, regulatory bodies, the technology and automotive industries, and all members of the global radio community to put safeguards in place to ensure that radio continues to thrive; to protect the free and unfettered access radio provides to a plurality of opinions and to trusted information; to allow radio to continue to help communities and all minority language speakers to receive information and participate in democratic processes; and to ensure radio remains available to all people regardless of their financial means or personal circumstances.

List of signatories in alphabetical order:

• Academia Espanola de la Radio
• AER – Association of European Radios
• AIR-IAB – International Association of Broadcasting
• AMARC international – World Association of Community Radio Broadcasters
• Asia-Pacific Broadcasting Union
• ASBU – Arab States Broadcasting Union
• Caribbean Broadcasting Union
• COPEAM – Permanent Conference of the Mediterranean Audiovisual Operators
• EBU – European Broadcasting Union
• EGTA – Association of television and radio sales houses
• Public Media Alliance
• UNESCO
• URTI – International Radio and Television Union
• World DAB
• World Radio Alliance

Download the PDF here

For more information, please contact aer(Replace this parenthesis with the @ sign)aereurope.org.

We, at AER, support the main objectives of the EMFA to promote the independence and pluralism of media in Europe. In order to do so, it should not forget the essential public value role of radio, providing millions of European citizens with trusted and reliable information, companionship and entertainment daily.

We hope discoverability and findability will be embraced as core objectives in the final text of EMFA (in particular in its article 19), so listeners will be able to find, choose and engage with content that is otherwise difficult to access and find.

Stefan Möller, President of the AER, said: “the EMFA is a crucial opportunity to enshrine in legislation the support that EU lawmakers recognize is necessary to secure the future of radio and ensure a level playing field between the tech platforms and licensed radio broadcasters.”

Stefan Möller, President of the AER, said: “the EMFA is a crucial opportunity to enshrine in legislation the support that EU lawmakers recognise is necessary to secure the future of radio and ensure a level playing field between the tech platforms and licensed radio broadcasters.

Radio is now part of a much wider digital and audio entertainment market. Listeners have more ways of listening than ever before. While broadcast radio still reaches big audiences, user interfaces and connected devices are growing rapidly and providing an explosion of choice. And innovation will not stop. We are on a long-term trajectory of continuous innovative disruption, which makes more and more important to focus on securing the future of radio and our distribution on connected devices and infotainment systems.

With these changes happening, and online listening growing, licensed radio broadcasters are provided with new opportunities to improve their offer to listeners and advertisers. The flip side of the coin is that radio is competing on a much bigger playing field where big techs dominate the market. They provide competing services but also control our route to market through connected devices and user interfaces, which makes radio more difficult to find.

We, at the AER supports the main objectives of the EMFA to promote the independence and pluralism of media in Europe, and in order to do so, it should not forget the essential public value role of radio, providing millions of European citizens with trusted and reliable information, companionship and entertainment daily. We want discoverability and findability to be embraced as core objectives in the EMFA that enable listeners to find, choose and engage with content that is otherwise difficult to access and find. So far, article 19 of the EMFA has, regrettably, failed to address that.

In times where user interfaces and connected devices control what content European citizens can have access to, listeners must be allowed to easily find, discover and access the radio content of their choice. EU lawmakers must act now and provide strong, meaningful and future-proof measures in the EMFA that secure the future viability of radio, ensuring audio content services from licensed radio broadcasters are granted appropriate discoverability and are easy to find. This is the only way to protect media pluralism, cultural diversity and our democracy.”

Read the full joint letter below.

OPEN LETTER FROM RADIO BROADCASTERS ON THE REGULATION OF USER INTERFACES UNDER THE EUROPEAN MEDIA FREEDOM ACT

4th December 2023

EU lawmakers can play a significant role in boosting media pluralism and democracy in Europe by safeguarding the findability and discoverability of licensed radio stations. Decisive action from EU lawmakers regarding the European Media Freedom Act (EMFA) is now urgently required. Without this, the long term viability of radio is at risk.

As a collective of business leaders from some of Europe’s most-loved commercial radio broadcasters and audio streaming players, reaching well over 200 million weekly listeners across the European Union, we are very concerned about the future of radio as a medium, a trusted, reliable, editorially independent and culturally enriching companion, a social compass in a digital era plagued by disinformation and other forms of online harms. By adhering to high ethical and professional standards, the hundreds of journalists we employ play a key role in combatting fake news, misinformation and disinformation across Europe.

The radio industry is alive to the opportunities that disruptive innovation can bring. As consumers grow accustomed to new ways of listening, we see the opportunity for a new wave of digital innovation, benefitting listeners, radio broadcasters and advertisers alike, bringing higher levels of consumer choice and empowerment, new routes to market and a more pluralistic audio landscape, including through the provision of trusted news bulletins to millions of EU citizens.

At the same time, radio’s growing reliance on “user interfaces” (including connected car infotainment systems), has enormous potential to be a significant threat if one of the fastest growing routes to market for radio is effectively owned and controlled by a handful of third parties with significant market power and influence who are able to act as ‘intermediaries’ and custodians of valuable audience data. Without fair access to such data, radio broadcasters’ ability to develop competing products and generate new revenue streams is stymied.

The stakes are high. For radio businesses to remain viable in this new environment, their output needs to be available on all platforms and findable by listeners.

Thus far, the representations we have made to the European Parliament and Council on this matter have been drowned out by discussions on some of the more contentious aspects of the EMFA proposal, but with urgent and decisive action EU lawmakers still have an opportunity to support the essential contribution radio makes to media pluralism and democracy. This can most effectively be achieved by regulating the findability and discoverability of licensed radio stations under article 19 of the EMFA.

In the absence of clear and robust rules, providers of user interfaces may interfere with the free flow of information by engaging in practices that control, restrict or obstruct the ability of audiences to find media content. For example, providers of user interfaces may treat their own content services preferentially (or the content services of partners that pay for preferential treatment). This may occur with or without the knowledge of those audiences. All of this puts the viability of radio and, in turn, the free formation of opinion that is underpinned by (inter alia) editorially independent radio stations, at risk, endangering our democracies.

As we approach the end of the trilogue negotiations, we hope that EU lawmakers will take heed of our urgent call to secure media plurality in the audio sector over the long term, so that the EMFA doesn’t turn out to be an empty promise!

Download the PDF here

For more information, please contact aer(Replace this parenthesis with the @ sign)aereurope.org.

Tomorrow’s trilogue will be decisive to determine the final shape of most provisions of the European Media Freedom Act (EMFA). At this critical conjunction, we – the undersigned European organizations representing media outlets, journalists, and media workers – join together to call on you to protect legal editorial content from unjustified and arbitrary actions by Very Large Online Platforms (VLOPs), which represent a transversal threat to the freedom of expression of the media and journalists.

Media freedom and journalistic integrity are not only vulnerable to governments’ attempts to silence critical voices. As VLOPs have become key distribution channels for professional media, unilateral and arbitrary restrictions to legal editorial content on platforms can gravely affect the pluralism and diversity of information available to European citizens and can have a chilling effect on free speech, as editorial teams have to consider private terms and conditions while doing their job.

The European Commission has identified this situation as causing risks to the freedom of the media and proposed a procedural guarantee in Article 17 EMFA. While VLOPs unfortunately remain able to remove or restrict access to legal editorial content on the basis of terms and conditions, Article 17 must at least afford media service providers, including journalists, an indispensable minimum standard of protection. We agree with the co-legislators that the procedure proposed by the European Commission is insufficient to effectively protect regulated media from arbitrary interference by very large online platforms (VLOPs) and that certain improvements are necessary.

• Establishing a meaningful procedure with clear timeframes

That being said, Article 17 must allow media service providers to react to an intended content moderation decision of a VLOP. Such a right to reply, combined with concrete deadlines, can help establish a solution-oriented conversation between the parties. As such, the 24 hour stay-up period for editorial content proposed by the European Parliament is also justified to ensure legal certainty. Also, in the interest of citizens, platforms should handle media complaints within 24 hours, as suggested by the European Parliament. Another element that can contribute to a meaningful procedure is the involvement of the national regulatory authorities or self- or co-regulatory bodies for the media. The EMFA must first and foremost protect the freedom of the media and shelter them from the commercial or ideological interests of platforms, that for the sake of democracy should not have the final say over European editorial content.

• Article 17 is not a media exemption

Even though there is general agreement on the potential negative effects of VLOPs on the media freedom and pluralism, some stakeholders expressed concerns in relation to the procedural safeguard. The criticism seems, however, unfounded and we would take this opportunity to clarify persisting misunderstandings.

Article 17 is not a free pass, it rather establishes a procedure for the moderation of editorial content by VLOPs. It should also be underlined that media service providers, including journalists, and the editorial content they produce will continue to be subject to national and EU law, co- and self-regulatory mechanisms and ethical codes. Second, Article 17 is aligned with the obligations that VLOPs have under the DSA (Digital Services Act), including the fight against content that derives from systemic risks, such as disinformation. It will simply complement and further inform the requirements in the DSA for platform operators to respect the freedom and pluralism of the media. Third, Article 17 will only benefit media service providers that meet stringent criteria, including being editorially independent from governments and being subject to regulatory requirements in the EU.

• Streamlining the self-declaration system

Regarding the criteria and specifically the AI use condition introduced by the European Parliament in the self-declaration, we agree that “pure AI media offerings” should not be protected. However, if media outlets provide an AI-generated weather, sports or stock ticker, this should not lead to a loss of protection for all their content. It should also be noted that AI used in newsrooms is human edited and under the editorial responsibility of the editor, so this type of content should be protected as well.

Furthermore, we think that the EMFA should not refer to or even promote specific measures that platforms may take under the Code of Practice on Disinformation or one particular standard, as suggested in recital 33. The Code and standardisation mechanisms will further evolve over time and may change in the future.

Platform censorship is at odds with EU and national laws and journalistic standards. Just like unilateral removals, any restriction of the visibility of legal editorial content by VLOPs, including down-ranking, shadow-banning, etc., is incompatible with media freedom and pluralism, and would have the same effect on the media’s ability to reach their audiences and the citizen’s right to access to information. Legal editorial content that can be freely distributed offline should also be available online without restrictions and on a fair footing. In fact, professional media and journalists play an irreplaceable democratic role, including against disinformation.

AER – Association of European Radios

EBU – European Broadcasting Union

EFJ – European Federation of Journalists

EGTA – Association of Television and Radio Sales Houses

EMMA – European Magazine Media Association

ENPA – European Newspaper Publishers’ Association

EPC – European Publishers’ Council

NME – News Media Europe

UNIMEI – Media, Entertainment & Arts sector of UNI Europa

Download the PDF here

For more information, please contact aer(Replace this parenthesis with the @ sign)aereurope.org.

Read the full joint statement below.

20 November 2023

Dear Ambassadors,

RE: EMFA – Market concentrations affecting the media environment

Together, the signatories of this letter represent the breadth of Europe’s commercial media sector. We are writing to underline one of our priorities ahead of trilogue negotiations on the European Media Freedom Act (EMFA): the full and explicit inclusion of very large online platforms and search engines in the scope of Article 21 and 22 on market concentrations affecting media pluralism.

Whilst we each have varying priorities and/or concerns regarding the EMFA, we all agree that large tech companies have had a definite and often negative impact on the media environment, its sustainability, and its plurality. To be effective, it is vital that the new rules foreseen for market concentrations consider the impact of market operations impacting the media landscape beyond media service providers. The on-going discussions around generative AI are a topical illustration of how important it is to make sure that the EMFA sets out future-proof rules that protect the European media space.

We took good note and welcome the inclusion of online platforms in the scope of this mechanism in the European Parliament’s report via a new definition of “media market concentration” and recital 40. We therefore urge negotiators to ensure that this approach be reflected in the final text. The operations of very large platforms and search engines must be fully and explicitly included in the market review mechanism foreseen in article 21 and 22 of the European Media Freedom Act when they have an impact on media pluralism.

Anything less would only serve to further reinforce existing market and regulatory asymmetries between media players and big tech. It is crucial to ensure that potentially harmful operations of big tech – ranging from acquisitions of other social media companies, advertising-related businesses or generative AI start-ups to opinion formation through their offerings – are properly assessed with regard to their impact on the media environment.

Finally, we wish to reiterate that article 21 will add another layer on top of national and EU competition law. The EMFA’s outcome cannot be one that leaves media worse off without addressing the actual issues. If such market mechanism must be established, should be aimed at assessing the impact of concentrations in a multi-sided digital market where commercial media compete head on with tech platforms for audience, advertising and, ultimately, data. Falling short of this would be unacceptable and would prevent the EMFA from delivering on its intended purpose: ensuring a pluralistic and sustainable media environment.

ACT – Association of Commercial Television and Video on Demand Services in Europe

AER – Association of European Radios

EGTA – Association of Television and Radio Sales Houses

EMMA – European Magazine Media Association

ENPA – European Newspaper Publishers’ Association

EPC – European Publishers Council

Download the PDF here

For more information, please contact aer(Replace this parenthesis with the @ sign)aereurope.org.

The EMFA primary objective of promoting and securing media pluralism and independence across the EU can only be achieved if the commercial and independent media are not exposed to unfair public sector competition and their financial sustainability is not compromised. This will ensure that both commercial and public service media can serve their respective roles in a truly pluralistic European media landscape.

Read the full joint statement below.

Brussels, 17 November 2023

Preserving the economic viability of commercial media

Dear EMFA negotiators,

As the technical discussions on the European Media Freedom Act are progressing, the undersigned organisations, representing tens of thousands of commercial media brands, newspapers, magazines, radio and broadcasters across the EU, would like to bring to your attention a key point for the viability of the media sector.

While Article 2(3)1 recognises that public service remits are under national law, there is new language in Article 5(3), introduced by the European Parliament, that in practice enshrines under EU law a new obligation for Member States to ensure that funding for public service media allows “for the development of media services for new audience interests or new content and media forms”. Such wording would lead, in fact and in law, to an extension of the remit of operations of public service media. As such it renders any remit obligations empty and allows publicly financed media to diversify their online offer to the extent that it could increasingly deliver, free of charge, new online services, including audio and audiovisual content exclusively offered online (“online-only”) and online text-based content comparable to or even identical to press offerings and hence directly competing with that provided by publishers.

Public service media has an important yet distinct role to play in our societies, which comes with specific limitations. Some of these include the EU state aid rules applicable to media forms other than broadcasting. As vast evidence and member state case-law have shown, such content directly competes with the offering of commercial media. If this sentence remains in Article 5(3), it will have very dire consequences for media pluralism in the EU, by exposing commercial and independent media to unfair public sector competition and compromising its financial sustainability. We fear that such provisions go directly against the EMFA objective of promoting media pluralism and independence across the Union. The EMFA is not, and was not intended to be, a European instrument to revise or alter the sensitive balance between the public service broadcasters and commercial media, which must remain on a sustainable footing to continue playing its fundamental democratic role alongside public service media.

We therefore ask you to remove such wording from Article 5(3) and ensure that the funding and remit of public service media remains only subject to EU state aid rules and the Amsterdam Protocol. Remits of operation should never justify distortions of competition conditions nor crowd out private media offerings.

We thank you for your consideration and remain available to contribute constructively to the debate, ensuring that both public service and commercial media can serve their respective roles in a pluralistic European media landscape.

AER – Association of European Radios

EMMA – European Magazine Media Association

ENPA – European Newspaper Publishers’ Association

EPC – European Publishers Council

NME – News Media Europe

Download the PDF here

For more information, please contact aer(Replace this parenthesis with the @ sign)aereurope.org.