Julien Eichinger - stock.adobe.com
While media regulation traditionally falls within the competence of the state - and in Germany’s federal system primarily within the responsibility of the 16 Länder - the regulatory landscape is evolving. Digitalisation, globalisation, media convergence, and the growing influence of platforms and intermediaries on public opinion create new cross-border challenges. Safeguarding media pluralism has therefore become a shared European responsibility. In a connected digital environment, effective media regulation must extend beyond national borders.
This is why European legislation is increasingly shaping media policy and media regulation in Germany. Federal and Europe-wide laws ensure transnational media regulation and thus address cross-border media offerings.
The country of origin principle and the cooperation of independent regulators is at the heart of European media regulation.
Effective cooperation at the European level is therefore essential. The Media Authorities’ interests at the European level are represented by the Commissioner for European Affairs. This role is currently held by Dr Tobias Schmid, Director of the Media Authority of North Rhine-Westphalia. In this capacity, he monitors legislative and regulatory developments at the EU level and contributes the perspective of the German media authorities in key European forums.
European cooperation
The Media Authorities actively contribute to European legislative processes, particularly by issuing position papers on proposed EU legislation. In doing so, they ensure a coordinated and consistent voice at the European level.
Media regulatory authorities from EU Member States, and beyond, cooperate closely within European and international networks. Through various forums and regular exchanges, they address current developments, share expertise, and work together to tackle emerging challenges in the evolving media landscape.
The media authorities are actively involved in the Media Board, which was established on 8 February 2025. The basis for its establishment is the European Media Freedom Act (EMFA). The Media Board thus directly succeeds the European Regulators Group for Audiovisual Media Services (ERGA), which had been in existence since 2014. The advisory body comprises the regulatory authorities of the 27 EU Member States and supports the European Commission in the uniform implementation and application of the AVMSD and the EMFA. Across four different working groups, the Media Board regularly produces reports and position papers on current media policy issues, such as the EMFA and the fight against disinformation.
As part of the media regulatory authorities’ remit to enforce measures under the State Treaty on the Protection of Minors in the Media (JMStV) in the context of the Digital Services Act (DSA), the media regulatory authorities, together with the Federal Network Agency (BNetzA), which acts as the Digital Services Coordinator, participate in working meetings of the European Board for Digital Services. The main focus here is on Working Groups 4 (Information Integrity), 6 (Protection of Minors) and 7 (Orders and Criminal Issues).
The joint commissioner for the Digital Services Act (DDG) – the transposition of the DSA into German law – is Dr Tobias Schmid, Director of the LFM NRW. In this role, he is responsible for coordinating cooperation with national and European authorities.
EPRA is primarily dedicated to the informal exchange of experiences and supervisory practices of regulatory authorities in Europe. It comprises 52 regulatory authorities from 46 countries. Meetings are held every six months.
The media authorities discuss their respective positions and strategies as well as possible cooperation on media regulation as part of the annual "Trimediale" series of events with the regulatory authorities in German-speaking countries and as part of the Tripartite with the French Arcom and the British Ofcom.
The High-Level Group advises the EU Commission to ensure a coherent and complementary implementation of the DMA and other sectoral regulations. The group, which includes delegates from the ERGA, has a mandate of two years and meets at least once a year.
International Institute of Communications (IIC)
Every year, the media organisations exchange information with other regulatory institutions and the industry at IIC meetings.
From May 2026, the media regulatory authorities will also be represented as observers in the Global Online Safety Regulators Network (GOSRN). This network also provides a forum for dialogue with media regulatory counterparts around the world.
European media regulation: What is the legal basis?
In addition to national regulations, the media authorities also act on the basis of EU and European legislation.
The Audiovisual Media Services Directive (AVMSD) is the basic set of rules for European media law. It coordinates the provision of audiovisual media services in the Member States and applies to traditional television programmes as well as video-on-demand services and video-sharing platforms. The directive was last amended in 2018 in order to adapt to changing market conditions and new challenges in the areas of consumer and youth protection, media diversity and combating hate speech.
The cornerstones of digital regulation are set out in the e-Commerce Directive, which is now more than 20 years old. Among other things, it contains regulations for commercial communication in the online sector.
The Digital Services Act (DSA) replaces parts of the E-Commerce Directive. It thus takes account of the changes that have occurred since it came into force. Together with the Digital Markets Act (DMA), it forms a new legal framework for digital services such as platforms and gatekeeper platforms. The aim is to create a secure digital space in Europe.
The Council of Europe Convention contains fundamental provisions for the cross-border distribution of media services. These provisions continue to be particularly effective in relation to non-EU states, even though the Convention, which was last amended in 2002, only takes limited account of media convergence.
The EMFA is intended to safeguard both media freedom and media pluralism and, among other things, guarantee the independence of media regulatory authorities. Under EMFA, the European cooperation between media regulators will evolve. In 2025, EMFA will with its entry into force dissolve ERGA and transform it into a new European Board for Media Services. This group will perform new tasks and integrate new ways to cooperate across borders when regulating the media.
The ordinance on political advertising will also expand the legal framework for audiovisual media services in future and is closely modelled on the DSA.