On 19 January, the EBU published its response to the European Commission’s consultation on the evaluation of the 2009 Broadcasting Communication (BComm). In it, we note that the core architecture of the BComm remains fundamentally fit for purpose. However, a targeted update is essential to reflect today’s globally converged market.

"This consultation is not just a legal review; it’s a choice about who shapes Europe’s digital future. While platforms prioritise profit over truth, public service media is our best defence against disinformation. Modern rules must enable digital innovation and funding for independent news and culture." Said Alexandre Fall, Head of Competition and State Aid Law.

The Commission is evaluating the 2009 Broadcasting Communication, which sets out how EU State aid rules are applied to public service broadcasting. The aim is to assess whether the framework remains fit for purpose given technological, market and legal developments, and whether it could be clarified.

The framework shapes the conditions under which public service media can deliver universal services (including online), invest in innovation, and serve audiences in a fast-changing market. The debate is therefore about the future operating space for PSM, an issue with broader implications for informed citizenship and democratic resilience.

In addition, any revision of the BComm text (if any) should:

• Address regulatory asymmetry: PSM currently face rigid constraints and burdensome ex-ante evaluations for new services, while global tech giants and SVoD platforms (like Netflix and Meta) dominate the market without such oversight. We advocate for the removal of obsolete scrutiny that stifles the speed and innovation PSM need to remain relevant.
•  Embracing technological neutrality: Digital adaptation is no longer an optional "diversification" but a necessary continuation of the core public service mission. PSM must be able to reach all audiences across all platforms (from VOD to online news) without arbitrary restrictions on formats.
• Ensuring funding adequacy: Aligning with the new European Media Freedom Act (EMFA), we insist that the proportionality test must shift from merely preventing overcompensation to ensuring "adequate, sustainable and predictable" resources.

Finally, our response provides evidence that strong PSM do not "crowd out" commercial players; instead, they create a "crowd in" effect, stimulating demand for high-quality news and supporting the broader creative economy.