ERC deveria ser independente do Governo e dos Regulados

Em diversos documentos da Comissão Europeia (ver abaixo) é bem claro que os reguladores devem ser absolutamente independentes dos Governos e dos regulados. Nesta matéria reside desde logo o pecado original desta ERC, que pela sua própria constituição, não dá garantias nem de ser um regulador independente do Governo, nem de ser independente de um dos regulados (RTP) (ver "ERC: regulação, “contra-regulação” ou governamentalização?")

Pluralism in the broadcasting sector: dual landscape and independent Regulators (COMMISSION STAFF WORKING DOCUMENT - Media pluralism in the Member States of the European Union)

Both public service broadcasters and commercial broadcasters contribute to media pluralism and this dualism itself further strengthens pluralism. High quality information is an important remit of public service broadcasters and fulfilment of this remit makes an important contribution to media pluralism. A functioning dual system also means that it must be balanced.

Even if the broadcasting regulation is in place, the implementation of legislation while ensuring media pluralism is crucial. The regulatory authorities play a central role in this respect. In general, regulatory authorities have the power to grant broadcasting licences, enabling the free movement of media services. They must supervise audiovisual programmes compliance with European and national rules. Central to this is the protection of minors, human dignity, non-discrimination and the enforcement of advertising rules. Independent regulators also develop and establish the rules themselves (e.g. codes of practice in the field of advertising). National regulatory authorities exercising these powers impartially and transparently are crucial in order to ensure media pluralism.

The importance of the independent regulatory authorities has been underlined in the Council of Europe Recommendation No. R (2000) 23, on the independence and functions of regulatory authorities for the broadcasting sector. The proposal for a new Audiovisual Media Services Directive includes the obligation for Member State to guarantee the independence of national regulatory authorities. They should be independent from both, national governments and audiovisual media service providers.