Debates Parlamentares - Diário 005, p. 11 (2013-11-02)

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2 DE NOVEMBRO DE 2013

Association

• Ross Biggam, Director General, Association of Commercial Television in Europe

• Jean-François Furnémont, Chair of the European Platform of Regulatory Authorities

DISCUSSION

l 3 l

TRANSPARENCY OF MEDIA OWNERSHIP l ACCESS INFO EUROPE & OPEN SOCIETY MEDIA

PROGRAM l SEPTEMBER 2013

CONCLUSIONS

• Gülsün Bïlgehan, PACE Committee—Rapporteur and Author of Motion on

Increasing Media Transparency in Europe

• Helen Darbishire, Executive Director, Access Info Europe

18:00 End of the Conference

ANEXO 3

TEN RECOMMENDATIONS

ON TRANSPARENCY OF MEDIA

OWNERSHIP

These recommendations set out the structure for ensuring transparency of media ownership. They are

based on research into the law and practice in 20 countries surveyed by Access Info Europe and the Open

Society Media Program.

The recommendations require that a mandatory legal framework for transparency of media ownership be

put in place in each country and that it apply to broadcast, print and comparable online media. These entities

should all be required to submit suffi cient information to a national media authority to allow identification of their

beneficial and ultimate owners, back to natural persons. This information should be available to the public in an

accessible format free of charge and should be published in a regularly updated and centralised database.

The aim of the recommendations is not to promote one particular legal model or structure that should be

implemented in all countries but rather to promote an outcome, namely that the public and regulators are able

to find out who owns and controls the media in their countries.

TRANSPARENCY OF MEDIA OWNERSHIP l ACCESS INFO EUROPE & OPEN SOCIETY MEDIA

PROGRAM l SEPTEMBER 2013

RECOMMENDATIONS

To ensure that the public knows who really owns and influences media outlets, the legal framework of each

country should ensure:

1. Transparency of ownership of the media through disclosure to a national regulator and to the public of

essential basic information, which should include at a minimum:

Name and contact details of the media outlet.

Constitutional documents (via a web link to uploaded scans if necessary).

Size of shareholdings over a specifi ed threshold of 5%.

Name and contact details of direct owners with over 5% shareholding.

Identity of those with indirect control or a significant interest, over a specified threshold of 5%.

Citizenship/residence status of individuals with over 5% shareholding.

Country of domicile of company with over 5% shareholding.

Identity of beneficial owners where shares are held on behalf of another, e.g. via brokerage or silent

ownership.

Changes in ownership/shareholdings should be reported immediately by the shareholders to the media

outlet and within 10 working days by the media outlet to the national regulator.

2 DE NOVEMBRO DE 2013 11 Association • Ross Biggam, Director General, Association of Commercial Television in Europe • Jean-François Furnémont, Chair of the European Platform of Regulatory Authorities DISCUSSION l 3 l TRANSPARENCY OF MEDIA OWNERSHIP l ACCESS INFO EUROPE & OPEN SOCIETY MEDIA PROGRAM l SEPTEMBER 2013 CONCLUSIONS • Gülsün Bïlgehan, PACE Committee—Rapporteur and Author of Motion on Increasing Media Transparency in Europe • Helen Darbishire, Executive Director, Access Info Europe 18:00 End of the ConferenceANEXO 3 TEN RECOMMENDATIONS ON TRANSPARENCY OF MEDIA OWNERSHIP These recommendations set out the structure for ensuring transparency of media ownership. They are based on research into the law and practice in 20 countries surveyed by Access Info Europe and the Open Society Media Program. The recommendations require that a mandatory legal framework for transparency of media ownership be put in place in each country and that it apply to broadcast, print and comparable online media. These entities should all be required to submit suffi cient information to a national media authority to allow identification of their beneficial and ultimate owners, back to natural persons. This information should be available to the public in an accessible format free of charge and should be published in a regularly updated and centralised database. The aim of the recommendations is not to promote one particular legal model or structure that should be implemented in all countries but rather to promote an outcome, namely that the public and regulators are able to find out who owns and controls the media in their countries. TRANSPARENCY OF MEDIA OWNERSHIP l ACCESS INFO EUROPE & OPEN SOCIETY MEDIA PROGRAM l SEPTEMBER 2013 RECOMMENDATIONS To ensure that the public knows who really owns and influences media outlets, the legal framework of each country should ensure: 1. Transparency of ownership of the media through disclosure to a national regulator and to the public of essential basic information, which should include at a minimum: Name and contact details of the media outlet. Constitutional documents (via a web link to uploaded scans if necessary). Size of shareholdings over a specifi ed threshold of 5%. Name and contact details of direct owners with over 5% shareholding. Identity of those with indirect control or a significant interest, over a specified threshold of 5%. Citizenship/residence status of individuals with over 5% shareholding. Country of domicile of company with over 5% shareholding. Identity of beneficial owners where shares are held on behalf of another, e.g. via brokerage or silent ownership. Changes in ownership/shareholdings should be reported immediately by the shareholders to the media outlet and within 10 working days by the media outlet to the national regulator.

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