Adriana Mutu is a University Professor in the Departments of Humanities and Market Research at ESIC Business & Marketing School in Barcelona, where she also serves as the Head of Academic Quality. She holds a Ph.D. in Political Science from the Autonomous University of Barcelona and a MA in Journalism and Communication Sciences from the University Alexandru Ioan Cuza of Iasi, Romania. She has conducted research at the University of Pennsylvania and the University of Helsinki. Adriana is founding member of MEDEA (Mediterranean Europe and Africa) and provides expertise to the Council of Europe and the European Commission.
Audiovisual Media Regulation in the Platform Era: A Comparative Cross-Country Analysis of Media Regulatory Regimes in Southern Europe
This research project explores regulatory convergence, co-regulatory arrangements, and cross-sectoral European cooperation in the implementation of legislation that supports audiovisual media regulation, including online content regulation. It focuses on the role of National Media Regulatory Authorities (NRAs) in four Southern European countries in ensuring viewers protection within the digital media ecosystem. The current state of audiovisual media regulation – covering on-demand services and video-sharing platforms under the jurisdiction of the national regulatory media authorities – is analysed through the lens of European integration theories. This approach clarifies what European integration entails for regulatory agencies responsible for the correct implementation of new media laws. The selected countries – Spain, Portugal, Italy, and Greece – represent the Polarized Pluralist media system as conceptualized by Hallin and Mancini (2004).
The research objectives are threefold:
1. To explore how national media regulatory authorities within the Polarized Pluralist media system align with new European regulatory requirements on online harm protection, content standards, and advertising rules as outlined by the Audiovisual Media Services Directive (AVMSD).
2. To examine the interaction between the Audiovisual Media Services Directive and other relevant European legislative frameworks, including the Digital Services Act, the Digital Markets Act, the General Data Protection Regulation, the AI Act, the Strengthened Code of Practice on Disinformation and the Regulation on the transparency and targeting of political advertising.
3. To map out the multi-level systems of media governance, including co-regulatory arrangements and the cooperation between media NRAs and other national regulatory bodies with cross-sectoral oversight responsibilities. The outcome of the cross-regulatory cooperation includes developing cross-sectoral guidelines and criteria for consumer protection, content moderation, systemic risk management, transparency in political advertising, service integrity, and empowering viewers.
The central research question asks how to ensure meaningful cooperation between media regulatory authorities with other sectoral regulators (competition, data protection, consumer protection) to create a level playing field in the media sector while avoiding the risks of media capture.
This research proposal aligns with the MJRC’s strategy by investigating the complex European media regulatory landscape from a cross-country comparative perspective. This topic is relevant to the Media Policy Hub initiative at the MJRC, as it aims to analyse the relationships and dynamics between various actors in the audiovisual media regulatory regime, focusing on the transposition, implementation, and enforcement of media legislation in Southern European countries.
Background and rationale
The first phase of the project begins with an in-depth analysis of European legislation and regulations related to online content responsibility and the accountability of digital platforms1, particularly regarding online harm, content standards, and advertising rules. It also examines the role of national media watchdogs in regulating on-demand platform services and video-sharing platforms under the revised AVMSD. The AVMSD governs the EU-wide coordination of national audiovisual media legislation and includes provisions for the protection of minors (Article 12), promotion and distribution of European works (Article 13), encouragement of co-regulatory and self-regulatory regimes (Article 4, paragraph 7), incitement to hatred (Article 6), accessibility for people with disabilities (Article 7), audiovisual commercial communications (Article 9), sponsorship (Article 10), and product placement (Article 11). The implementation of these requirements will be analyzed in the four selected countries – Spain, Portugal, Italy, and Greece – with a comprehensive mapping of the measures undertaken. In addition to the AVMSD, the project will examine other EU legislative acts, including the Digital Services Act (DSA), the Digital Markets Act (DMA), the Regulation on the Transparency and Targeting of Political Advertising, the AI Act and the Strengthened Code of Practice on Disinformation, to identify measures addressing online harms, content standards, and advertising rules.
In the second phase, the project will explore the implementation and enforcement of relevant legislation governing online platforms. The focus will be on the interaction and cooperation between media NRAs and other competent national regulatory authorities – such as those responsible for consumer protection, data protection, and competition – in developing cross-sectoral guidelines.
The goal is to understand how media authorities from the selected countries align with new European regulatory requirements related to consumer protection, content moderation, and advertising rules, and how media regulatory agencies address the challenges of regulating digital platforms and collaborate with relevant stakeholders. In-depth interviews with media regulatory authorities’ representatives will be conducted to gather primary data and evaluate the implementation of EU media law.
Building on this background, this research makes a theoretical and qualitative contribution to the existing literature on media regulation, governance, and compliance with EU legislation. Qualitative research will help explain key initiatives and activities undertaken by institutional actors and provide insights into the processes of transposing, implementing, and enforcing EU law.
This project makes three key contributions. First, as an exploratory qualitative case study, it provides an in-depth assessment of digital platform regulation in the European Union, enhancing our understanding of the cooperation between European institutions, national media authorities, and cross-sectoral regulatory bodies. Second, it maps media governance arrangements in four Southern European countries, identifying how media authorities align with new European regulatory requirements on harm protection, content standards, and advertising rules, as well as how they collaborate with relevant stakeholders to develop cross-sectoral guidelines and policies. Finally, this research complements existing studies on the application of EU media law.
Background knowledge and context of the area
The complex EU regulatory framework, particularly its cross-sectoral dimensions and implications for media regulatory authorities, has not been fully addressed in previous research. Most media policy scholarship has focused on the implementation of European laws and the roles played by regulatory authorities (Weinand, 2018; Broughton Micova, 2020; Rozgonyi, 2020; Broughton Micova & Jacques, 2020; Mutu, 2021). Within the context of EU law enforcement, the majority of studies tend to examine the topic from a singular perspective, often from the viewpoint of political science or media policy.
A significant body of political science literature investigates Europeanization (Börzel, 2005; Radaelli, 2003), integration theory, and EU implementation and compliance, particularly across various policy fields (Thomann, 2015; Mastenbroek, 2005). This research frequently emphasizes regulatory networks and the functional tasks of regulation – such as information gathering, rule setting, monitoring, and enforcement – within the context of international cooperation aimed at facilitating horizontal coordination and harmonization (Eberlein & Grande, 2005; Slaughter & Hale, 2010; Levi-Faur, 2011). Institutional theory (DiMaggio & Powell, 1983; Scott, 1995) is also prevalent, building on prior research regarding Europeanization, the adoption of EU regulations (Mastenbroek, 2005), and the implementation of directives. Institutional theory posits that the context or environment in which any organization operates exerts pressures on decision-making, organizational behavior, and structures (Scott, 2008; Hambrick et al., 2005).
In line with previous research on national media authorities (Irion & Radu, 2014; Mutu, 2018, 2021) and the need for enhanced cooperation (ERGA, 2024) between these bodies and other cross-sectoral regulators, this project draws on interdisciplinary theoretical frameworks concerning European integration and the implementation and enforcement of European media legislation (Cornils, 2020; Stockmann, 2023; Dow, 2023; Horowitz, M. et al., 2021). This study aims to map and explain the specific domestic mechanisms for implementing the Audiovisual Media Services Directive (AVMSD) into national laws in relation to enforcement of requirements on online harm protection, content standards, and advertising rules. Additionally, it will examine the domestic cross-sectoral cooperation that facilitates horizontal coordination and harmonization of rules.
Brief list of methods/approach
This project builds on interdisciplinary theoretical frameworks on European integration, implementation and enforcement of European media legislation, discussing the role played by the EU institutions and national authorities from four Member States in relation to the regulation of online platforms. Stakeholder interviews will be conducted with a representative of the relevant media national regulatory authority (NRA) the selected countries, within the network of the European Platform of Regulatory Authorities (EPRA). The objective of the interviews is to map and explain the specific domestic instruments for implementing the Audiovisual Media Services Directive (AVMSD) at a national level, while also looking at domestic cross-sectorial cooperation facilitating horizontal coordination and harmonization of rules on online harms, content standards and advertising rules.
Themes addressed in the interviews include relevant legislation for media regulation and the interplay with relevant EU legislation (media laws, laws on advertising, data protection, laws on rights of children and on protection of minors, guides/regulations/communications on hate speech).
The online desk research will include examination of relevant Directives, Regulations and Codes, and the reports published by various international organizations, including the European Audiovisual Observatory (EAO), the European Platform of Regulatory Authorities (EPRA) and the European Regulators Group for Audiovisual Media Services (ERGA).