Overview
According to the report “Monitoring media pluralism in the digital era – country report Luxemburg” published by the,University of Luxembourg, “the media market in Luxembourg is surprisingly rich compared to its size and the number of inhabitants. The country exercises an important role in the management of international media concessions. The print sector includes five daily newspapers, one free daily newspaper, and several magazines, weekly and monthly newspapers. The TV market is dominated by RTL and there are 5 TV stations (four local and one national), but residents also have access to channels from the neighboring countries. RTL is the biggest broadcaster and has a “public service mission” but is not a “public service medium”. There are about seven private radio stations with national coverage and only one radio broadcaster (Radio 100,7) that is officially recognized as a public service medium (PSM). Internet coverage is very good across the country. This apparent diversity, however, should not hide a very large concentration (horizontal and transversal) of the market, since the majority of the national press belongs to two publishing houses while the audiovisual sector is dominated by one group (CLT-UFA). (…)
Generally speaking, fundamental protections are well implemented in Luxembourg and the media are increasingly politically independent. Notwithstanding, access to information is still limited – the context of the COVID-19 pandemic has again shown the deficiencies (…)
In addition, no legal provision aimed at limiting horizontal or cross-media concentration of news media and the laws on media ownership and transparency have serious flaws. With regards to social inclusion, access to minorities – in particular linguistic minorities (for the audiovisual sector and the PSM) and people with disabilities- is insufficient.”[1]
Women’s presence in supervising and executive positions in the media is also a critical issue. [2]
A selection of Luxembourgish laws including English translations can be accessed at the website of University of Luxembourg (https://wwwen.uni.lu/research/fdef/media_law/texts). “Among them are the Law of 1991 on Electronic Media in its codified version of 2011, the amended Regulation on European works and works of independent producers and the amended Regulation on Advertising, Sponsorship, Teleshopping and Self-promotion as well as other relevant acts in the area of data protection. The collection also includes an English version of the consolidated Law on Freedom of Expression in the Media and the consolidated regulations on quotas and advertising, the latter of which have been prepared by the uni.lu team (…) The research team of uni.lu contributes regularly to the IRIS Merlin database of the European Audiovisual Observatory by articles on updates on the Luxembourgish media law.”[3]
Media support
The law of July 30, 2021 reforms the press aid regime by setting up a more neutral and egalitarian framework for online and offline media. It foresees three different plans:
- the upkeep of pluralism, a scheme aimed in particular at current beneficiaries who have an editorial team made up of at least five professional journalists ;
- the promotion of pluralism, a scheme aimed at emerging editors who have an editorial team made up of at least two professional journalists ;
- media and citizenship education, a scheme aimed at citizen editors.
The support scheme also encourages transparency by obliging to publish the editorial line, and it also encourages the implementation of measures to ensure the accessibility of people with disabilities to content, as well as continuous training in the field of journalism and actions carried out in favour of media literacy.[4]
Rights and freedom of the press
According to article 24 of the Constitution, “[t]he freedom to manifest one’s opinion by speech in all matters, and the freedom of the press are guaranteed, save the repression of offenses committed on the occasion of the exercise of these freedoms. – Censorship may never be established.” The freedom of expression in the media is ensured furthermore by the Law of 8 June 2004 on the freedom of expression in the media. Stating that “any restriction or interference must be prescribed by law, pursue a legitimate aim and be necessary in a democratic society, i.e. meet a pressing social need and be proportionate to the legitimate aim pursued”, the law also details the rights that are to be considered as inherent to the freedom of expression, as well as the duties flowing from it.
The Luxembourg association of professional journalists ALJP, on other hand, demanded long-awaited reforms in this area and deplored that, despite the announcements made in the government agreement in 2018, lines have not moved.[5] In an article published in 2021, it questioned the right of the press to access information and regretted its dependency on the government’s willingness to publish or not publish information, a situation qualified as “untenable”. The ALJP criticised that it “became even worse during the Covid-19 crisis, when the press was faced with a total blocking and control of information by the government. This situation was only defused after multiple interventions by journalists and the Press Council.” [6]
In 2016, the Government had issued a first circular on the rights and duties of public officials in their relations with the press but an updated version has been published on 15 June 2022 following consultations between the Press Council, the ALJP and the Government. This updated circular is “part of the objective of continuously improving access to information held by ministerial departments, administrations and State services. In order to better organise the flow of information while respecting the response times required for journalistic work, the new circular provides for a series of measures aimed at standardising the procedure to be followed in the event of information requests from journalists.”[7]
Diversity in the media
In terms of the linguistic situation, the complexity of a multilingual country is also reflected in the media landscape: “While there are several commercial radio channels targeting this multilingual public (e.g. Radio Latina for the Portuguese speaking community or Radio ARA for the French, English, Arabic, Italian and Ukrainian speaking communities), the PSM (i.e. the sociocultural radio, Radio 100,7) and RTL (the main commercial radio and television company, that has public service missions) broadcast mainly in Luxembourgish.”[8]
Dissemination of cultural content
All media in Luxembourg have a culture desk and offer special sections dedicated to culture. Moreover, the new law of 30 July 2021 on state aid regime for professional journalism specifies that, to be eligible for this aid, press organs must “disseminate general information intended primarily for all or a significant part of the public residing in the Grand Duchy of Luxembourg, contribute to the pluralism of opinions and produce content relating to at least the political, economic, social and cultural fields on a national and international level”. In accordance with its mission, public radio 100,7 pays special attention to “information programmes, cultural and music programmes, educational programmes, entertainment programmes and grants much time on air to the country’s socio-cultural associations. Radio 100,7 maintains numerous partnerships with cultural institutions in Luxembourg and in the Greater Region”.[9]
In June 2022, the government and the private company CLT-UFA, RTL Group signed an agreement on the provision of a public service mission in television, radio and digital activities. The agreement aims in particular to promote media education for young audiences and also provides for support measures for local film and audiovisual actors through enhanced cooperation between CLT-UFA and the Film Fund.[10]
[1] Monitoring media pluralism in the digital era – country report Luxemburg 2021) Raphael Kies,University of Luxembourg, Mohamed Hamdi University of Luxemburg, p.6
[2] Monitoring media pluralism in the digital era – country report Luxemburg 2021) Raphael Kies,University of Luxembourg, Mohamed Hamdi University of Luxemburg, p.6
[3] Media laws overview and translations, https://wwwen.uni.lu/research/fdef/media_law/texts; accessed 24 August 2022.
[4] https://gouvernement.lu/fr/actualites/toutes_actualites/communiques/2021/07-juillet/09-projet-loi-journalisme.html
[5] http://journalist.lu/fr/a-propos/
[6] http://journalist.lu/fr/assez/
[7] Adaptation de la circulaire relative aux droits et devoirs de agents fr l’État dans leurs relations avec la presse : https://me.gouvernement.lu/fr/actualites.gouvernement%2Bfr%2Bactualites%2Btoutes_actualites%2Bcommuniques%2B2022%2B06-juin%2B27-circulaire-bettel.html
[8] Monitoring media pluralism in the digital era – country report Luxemburg 2021) Raphael Kies,University of Luxembourg, Mohamed Hamdi University of Luxemburg, p.6
[9] https://www.100komma7.lu/radio-100-7
[10] https://gouvernement.lu/fr/actualites/toutes_actualites/communiques/2022/06-juin/14-bettel-convention.html
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