Europe and Media Regulation
Media regulation in Germany is a matter for the federal states. However, it is influenced not only by policy in North Rhine-Westphalia, but also by laws that apply nationwide and even across Europe. And that’s a good thing, because media offerings today know fewer boundaries than ever before. Therefore, media regulation must also be ensured across state lines.
We need Europe. We are convinced of this, and we want to strengthen and further develop this unique community of values. This comes with a responsibility that we intend to fulfill: The member states of the European Union must help shape Europe!
Especially against the backdrop of increasing global pressure—both political and economic—effective cooperation at the European level is therefore absolutely essential. As media regulators, we contribute to this through our work on the European Board for Media Services (Media Board).
Why do we care about European media regulation?
Our director, Dr. Tobias Schmid, serves as the European representative for the Conference of Media Regulatory Authorities and, as such, is Germany’s representative on the European Board for Media Services (Media Board). He also serves as the media regulatory authorities’ representative for the Digital Services Act (DDG).
For this reason, one of our colleagues is based in Brussels, where he works on issues related to international media legislation and regulation.
The Media Board: How Does It Work and What Does It Do?
The Media Board was established on February 8, 2025. Its creation is mandated by the European Media Freedom Act (EMFA). It succeeds the European Regulators Group for Audiovisual Media Services (ERGA), which had been in existence since 2014.
The Media Board’s role is to support the European Commission as an advisory body in the uniform implementation and application of the EMFA and the Audiovisual Media Services Directive (AVMSD)—that is, our European media laws. In addition, the Media Board’s coordinating role has been strengthened compared to that of ERGA. It can now take a coordinating role when the authorities of the member states cooperate on enforcement and issue opinions when media freedom and diversity in Europe are threatened by the market power of individual actors or by national laws or measures. Furthermore, it facilitates the exchange of experiences and successes among its members regarding the application of the legal framework for media services and provides them with relevant up-to-date information.
The Media Board thus serves in an advisory capacity and, in this context, publishes papers and statements addressed to the Commission, which are also made available to stakeholders. It also provides assessments on topics of current relevance in the field of media regulation.
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How do European decisions influence regulatory work in North Rhine-Westphalia?
We are directly affected by European law through the AVMSD, the EMFA, and other EU legislation such as the Digital Services Act (DSA) and the Regulation on the Transparency and Targeting of Political Advertising (TTPW Regulation). Therefore, we want to play an advisory role in shaping this legal framework. We do this through our work on the Media Board.
Enforcing the law online is our central task—with a particular focus on protecting human dignity, safeguarding minors, protecting users, and preserving diversity. We want to strengthen these values at the European level, but not every member state considers these interests equally worthy of protection. We must therefore advocate strongly for their protection. At the same time, we rely on cooperation among European media regulators to ensure that this protection is effective.
New Online Rules: Media Regulatory Authorities Ensure Cross-Border Oversight
As of October 1, 2024, new regulations governing the protection of minors in the media and media oversight have been in effect in Germany. With the entry into force of the Fifth State Treaty on Media Amendment (MÄStV), the media regulatory authorities are officially responsible for enforcing measures under the State Treaty on the Protection of Minors in the Media (JMStV) in the context of the Digital Services Act (DSA). Going forward, they will ensure—including across borders—that children and adolescents are better protected online and that rules for digital platforms are enforced.
Dr. Tobias Schmid plays a central role in this effort. He was appointed by the media authorities as the joint commissioner for the Digital Services Act (DDG)—the transposition of the DSA into German law. In this capacity, he coordinates cooperation with national and European authorities such as the Federal Network Agency and the European Commission.