Transparency of media ownership refers to the public availability of accurate, comprehensive and up-to-date information about media ownership structures. A legal regime guaranteeing transparency of media ownership makes possible for the public as well as for media authorities to find out who effectively owns, controls and influences the media as well as media influence on political parties or state bodies.
Transparency of media ownership is an essential component of any democratic media system. Experts, European organisations and NGOs agree that transparency of media ownership is crucial for media pluralism and democracy[1] as, for instance, it provides the knowledge to take steps to address media concentration and conflict of interests. Moreover, public knowledge of media owners' identities can prevent abuses of media power, such as corruption in the media system, opaque media privatisation, undue influences over the media, etc., and makes possible that such abuses are recognised, assessed, publicised, debated and prevented.[2] Transparency also ensures that ordinary citizens can be informed about the identity, interests and influences behind contents and news they consume, and that media market can function on a fair basis, especially, for instance, for new entrants in the market.[1] Moreover, transparency of media ownership facilitates the public knowledge on the media environment; makes possible a critical assessment of the contents produced and strengthens debate on the way the media system operates.[2] The importance of transparency of media ownership for any democratic and pluralist society has been broadly recognised by the European Parliament, the European Commission's High-Level Group on Media Freedom and Pluralism[1] and the Council of Europe. In the last years, there has been an unprecedented debate at the global level around company ownership transparency which has been addressed, for example, by the Open Government Partnership and by the G8 governments in a 2014 statement setting the principles on media ownership transparency.[3] In 2016, following the so-called "Panama Papers" scandal, the lack of records held by the Panama-based legal firm Mossack Fonseca, transparency of company ownership gained momentum in the public debate.[4]
To ensure that the public knows who effectively owns and influences the media, national legal frameworks should ensure the disclosure of at least the following essential basic information: name and contact details of the media outlets; constitutional documents; size of shareholdings over a given threshold; name and contact details of direct owners with a given percentage of shareholding; identity of the persons with indirect control or have a significant interest in a given media company; citizenship/residence status of individuals with at least a certain shareholding percentage; country of domicile of company with at least a given shareholding percentage. Importantly, to understand who really owns and controls a specific media outlet it is necessary to check who is beyond the official shareholdings and scrutinise indirect, controlling and beneficial ownership which refers on shares of a media company hold on behalf of another person.[2]
To be meaningful and easily accessible by the citizens and national media authorities, this information should be updated, searchable, free and reusable.[2]
Transparency of media ownership remains difficult to fulfill in most of European countries.[5] While some EU member States have legislation ensuring transparency of media ownership in compliance to the best international standards, such legislation is still lacking in many member States and in some cases national legislation allows for hidden or indirect media ownership. A recent 2015 resolution by the Parliamentary Assembly of the Council of Europe, notes with concern that media outlets are frequently owned and controlled in an opaque-manner. This is due either to the lack of national transparency provisions or to non-transparent indirect or hidden ownership schemes, often linked to political, economic or religious interests and affiliations.[5]