Sweden

[SE] Public service broadcasting reports published

IRIS 2015-9:1/24

Helene H. Miksche

Com advokatbyrå, Stockholm

The Swedish Broadcasting Authority (Myndigheten för radio och tv) has published two reports on public service radio and television. The Broadcasting Authority was assigned by the Government to study and report on two issues: (i) whether the public service companies influence the competition in the media market; and (ii) the system of impact assessment as defined by the EU Commission in its Communication on the application of State aid rules to public service broadcasting (2009/C 257/01), which provides for a notification and assessment procedure for new services introduced in the market by public service broadcasters, notably on the competition aspects of such new services.

The study of the Broadcasting Authority was a follow-up of the last review of the licence terms for public service radio and television. After having consulted with industry representatives and commercial competitors in the media market, the Authority came to the conclusion that the public service broadcasters affect the market both positively and negatively. In an overall assessment, the Authority concluded that the public service companies do not prevent competing stakeholders from introducing and developing their media services.

With regard to the impact assessment that Sweden, as well as all other EU member states, has to comply with, the Broadcasting Authority has suggested that the assessment procedure could be improved to become more effective. The Authority suggests that other companies on the market can be notified of a new service introduced by a public service broadcaster, and that such notification be handled by the Swedish Broadcasting Commission (a department of the Authority that investigates possible breaches of the radio and television act and the broadcasting licences issued by the Government or the Authority). To avoid the impact assessment procedure being in conflict with the right to freedom of expression and the editorial independence of the public service broadcasters, the Authority has suggested that it is up to the public service broadcaster to eventually notify a service or not, regardless of the outcome of the Swedish Broadcasting Commission’s decision on the matter.