A plurality of entities

In Europe, several types of authorities are in charge of supervising the implementation of broadcasting legislation. Broadcasting regulation usually encompasses the power to license broadcasters, to monitor whether broadcasters are fulfilling their legal obligations, and to impose sanctions if they fail to carry out those obligations. To these traditional functions those of organising and co-ordinating the broadcasting landscape can be added.

Broadcasting regulation may be exercised by governmental administrative authorities or by courts (e.g. for issues regarding the protection of fundamental rights). Moreover, in some countries such as the UK and Germany, public service broadcasting may be subject to a form of self-regulation. However, the most common organisation form in Europe is that of the independent regulatory authority which is characterised by the fact that it is not part of the actual structure of governmental administration, and that it has apparatus which does not serve any other body at its disposal. Generally, the rise of independent regulatory authorities has coincided with the decline of public service monopolies in the 80's.

Functions and powers of regulatory authorities

As mentioned above, the common point for all European countries is that, with only rare exceptions such as Luxembourg, all have conferred the regulation of broadcasting on independent regulatory authorities. However, great differences can be found in the scope of their remit, powers and structure.

- In terms of remit
The vast majority of European countries have - at least - two separate regulatory bodies respectively in charge of the regulation of broadcasting and telecommunications. However, some countries, such as Italy with the Autorità per le garanzie nelle comunicazioni and the UK with Ofcom now have a single regulatory body whose remit encompasses both broadcasting and telecommunications.
While most of the regulatory bodies in Europe regulate both the public and private sector (e.g. the French Conseil Supérieur de l'Audiovisuel or the Dutch Commissariaat voor de Media), others such as the German Landesmedienanstalten are only competent for the regulation of private broadcasting.

- In terms of powers
Three basic categories of powers can be identified: the administration of the broadcasting sector (e.g. award of broadcasting licences), the supervisory (e.g. programme monitoring) and the rule-making functions (e.g. codes of practice). Here again, the diversity of the powers of regulatory authorities can be remarked upon. As an example, most authorities have the power to award licences but some may only make recommendations addressed to the Ministry. The power of drawing up binding rules which is common in Anglo-Saxon systems is also not shared by all regulatory authorities in Europe.

- In terms of structure
A great diversity can also be observed in terms of the structure of regulatory bodies. In federal countries such as Germany or Belgium, broadcasting is in the remit of Federal States, thus creating a plurality of regional regulatory bodies.

- In terms of staffing
As a matter of course, the number of staff employed in the respective regulatory authorities varies considerably according to the size of the country and of the national media landscape (from approx. 10 for the smallest bodies to about 1000 for the biggest).

Brief bibliography on regulatory bodies:

- Barendt, Eric, Broadcasting Law: A Comparative Study, Clarendon Press, 1995
- Feintuck, Mike and Varney, Mike, Media Regulation, Public Interest and the Law, Edinburgh University Press, 2006
- Hoffmann-Riem, Wolfgang, Regulating media: the licensing and supervision of broadcasting in six countries, Guilford Press, 1996
- Holoubek, Michael, Organisational Structures in Audiovisual Media Regulation, in Audiovisual Media and Authorities, Tasks and challenges for regulators in an evolving media landscape in Europe, 16-27 November 1998, Federal Chancellery, Vienna
- Jarren, Otfried et.al., Rundfunkregulierung. Leitbilder, Modelle und Erfahrungen im internationalen Vergleich, Seismo, 2002
- Jongen, François, La police de l'audiovisuel, Analyse comparée de la régulation de la radio et de la télévision en Europe, Bruylant, LGDJ, 1994
- Levy, David, Europe's Digital Revolution: Broadcasting Regulation, the EU and the Nation State, Routledge, 1998
- Robillard, Serge, Television in Europe: Regulatory Bodies; Status, Functions and powers in 35 European Countries, The European Institute for the Media, Media Monograph No.19, 1995
- Tornos Mas, Joaquín, Las autoridades de regulación de lo audiovisual, Consell de l'Audiovisual de Catalunya, Marcial Pons, Madrid, Barcelona, 1999.