WG – Judiciary and Fundamental Rights (Chapter 23) – Beyond borders in media freedom: A new impetus in the European Integration process, 11 December 2024

On December 11, 2024, the European Movement in Albania, in collaboration with the Audiovisual Media Authority (AMA) and the Center for Transparency and Free Information (CTFI), organised a roundtable discussion on the topic ‘Beyond Borders in Media Freedom: A New Impetus in the European Integration Process.’ This event was part of the National Convention on European Integration, triggered by the approval of the regulation “On the Requirements and Procedures for Reviewing Changes in the Ownership Structure and Ownership Data Transparency of AVMSP’s Providers” in April 2024. The audiovisual media in the country, which are regulated by the Audiovisual Media Authority (AMA), are now required to declare their beneficial owners. This regulation, drafted after aligning the 2018 Directive with the institution’s law, has introduced significant changes in this regard.

Gledis Gjipali, Executive Director of the European Movement in Albania (EMA), delivered the opening speech, emphasizing the importance of cooperation and coordination among all stakeholders to regulate the media market in the country, especially after the official opening of EU accession negotiations. As the latest European Commission report on Albania for 2024 clearly indicates, there has been no progress in aligning the legal framework with the EU acquis in the area of freedom of expression, including the Law on Media Freedom. It is essential to strengthen dialogue and impartiality in the media. In this regard, Gjipali clarified that transparency and restrictions on media ownership and audience reach are of utmost importance, as clearly defined in the Rule of Law Roadmap.

Armela Krasniqi, Chairwoman of the Audiovisual Media Authority (AMA), first, explained that with the publication of the list of beneficial owners of audiovisual media in the country, one of the EU’s requirements for media ownership transparency has been fulfilled. There have also been developments in several areas in this regard, such as the examination by the AMA of changes that have occurred in the ownership structure within the same legal entity AVMSP. She further underlined the main goals of AMA and the activities undertaken so far to improve the media sector. In this regard, AMA, during 2024, organised roundtables with the heads of the largest broadcasters to measure the national audience, presenting strategies borrowed from North Macedonia and Croatia. It has also formed working groups to establish a Joint Committee, which is in the process of being registered with the Tirana Court. Krasniqi stressed the need for improvements in the legal framework, particularly regarding TV piracy. Additionally, AMA has partnered with TikTok to uphold ethical standards and has launched an awareness campaign on cybersecurity and other related issues. AMA has also organised 25 roundtables with parents and children in collaboration with the Municipality of Tirana, aiming to extend this engagement to other cities across Albania.

The discussion then focused on strengthening transparency and imposing limits on media ownership.  Donika Daci, Director of the Legal Directorate at AMA, focused her presentation on Law 97/2013 “On Audiovisual Media in the Republic of Albania,” a law that established AMA as an independent institution. At the same time, the special law on media ownership imposes restrictions on the creation of media companies, the percentage of shares, and the number of licenses. Article 62 of this law also stipulates that no holder of national audio transmission licenses or national audiovisual transmission licenses, including AVMSPs, can broadcast more than 30% of the advertisements in the audiovisual transmission market. Daci emphasized that the European Commission recommends that countries have clear rules for licenses and concrete measures to ensure media pluralism, and she also discussed the categorization of media. In conclusion, she pointed out that AMA now has a dedicated section on its official website for the transparency register related to AVMSPs, which requires them to self-declare the current state of ownership.

Sami Neza, Executive Director of the Center for Transparency and Free Information (CTFI), delivered his presentation regarding the need for the ethical use of artificial intelligence (AI) in audiovisual media. He began his speech with an introduction to what is considered artificial intelligence. While emphasizing that AI has faced criticism for being seen as a tool with “stolen goods,” the most significant lawsuits against AI occurred in 2023-2024, notably from The New York Times, Chicago Tribune, and New York Daily News. Neza presented 10 principles for AI, in support of journalists, based on the Paris Charter, and outlined three different ways in which our bias can become part of the technology we create. The lack of accuracy and errors in AI, the harmful products initiated by humans themselves, deepfakes, and over-reliance on AI systems are other technical limitations of AI. Therefore, in this regard, media outlets must consider adhering to ethical codes in the use of AI, just as they do in the practice of journalism. Neza emphasized that the creation of an ethical code is the most important step to ensure transparency and accountability in the use of AI. He then focused specifically on the use of AI in Albania, where, according to the Oxford Index for 2023, the country scores 43 points out of 100. Through the creation of a simplified methods, considering AIRI and AIR Cisco, interviews were conducted with news directors at 4 national TV stations, 4 regional stations, and 1 local TV station, MCN, the latter being the only one partially ranked at level three, “Ready for AI,” and meeting the requirements for level two, “Aware of AI.” At the end of his speech, he highlighted that a monitoring exercise conducted during July-August 2024 revealed that national TV stations in Albania had not implemented any form of AI in the process of news production and broadcasting. 

Tomáš Kemenec, Partner at Paul Q Law Firm, Slovakia, provided an overview of recent legislative developments in the media sector in Slovakia and the alignment of these changes with broader European Union initiatives. Mr. Kemenec began his presentation by introducing the Slovak Media Services Act, passed in 2022. This law modernised an existing law to adapt to the rapid development of the media sector and aligns with the EU’s 2024 Media Freedom Act. Recognising the dynamic nature of media, the Slovak government designed the law to encompass a wide range of stakeholders, ensuring adaptability to future technological and societal developments. One notable change this law introduced is the standardisation of terminology, with all broadcasting agencies now classified as “Digital Broadcasting.” Kemenec emphasized the importance of regulating content published on multimedia platforms. The main objectives of these regulations include the protection of minors and the preservation of human dignity. Transparency emerged as a key pillar of the Media Services Act, with all television, radio stations, and major media outlets required to register their ownership structures, publish information about relationships between companies on a public platform, and disclose the identities of financial beneficiaries. Kemenec compared Slovakia’s small and independent media landscape to larger markets like Germany, where media giants such as RTL dominate. In smaller markets, the risk of media monopolisation is much higher, requiring stronger transparency measures. The final major component of these changes concerns financial credibility and transparency of sources. Mr. Kemenec described this provision as protective for democracy, aiming to prevent money laundering and resist foreign interference in domestic media. In conclusion, Kemenec emphasized that while the EU continues to address challenges in the media sector, Slovakia’s approach offers a valuable model for supporting a sustainable and democratic media landscape.

During the discussions, participants, including representatives from civil society, media, and academia, expressed interest in the ongoing priorities of the AMA, such as combating piracy in audiovisual media, and implementing the audience measurement process. A particular focus of the discussions was advertising content, primarily harmful content directed at consumers, such as the case of advertisements for prescription drugs marketed as supplements, which, according to legal regulations, are strictly prohibited. Participants also highlighted the need for the ethical use of artificial intelligence in the country, primarily by journalists, to maintain standards and the proper use of the Albanian language.

* This roundtable takes place within the framework of the “Building Partnership on Fundamentals: Empowered CSOs in the EU  accession process” project, with the financial support of the European Union – IPA Civil Society Facility 2021, which is implemented by the European Movement in Albania, and in cooperation with the Academy of European Integration and Negotiations (AIEN), Slovak Foreign Policy Association (SFPA) and the Center for Transparency and Free Information (CTFI).

*Additionally, this roundtable is convened within the framework of “The National Convention for European Integration – Empowered civil society as an active actor in the European integration process”, financed by the Agency for the Support of Civil Society (AMSHC).