Global law firm Ashurst Perkins Coie has represented the European Broadcasting Union (EBU) before the EU Court of Justice (ECJ) in a significant case for public service media in Europe. The decision confirms that independent public service broadcasters are not automatically subject to the EU's environmental information access regime simply because they are state-created or publicly funded.
The Court confirmed that independent public service broadcasters are not automatically treated as "public authorities" under EU environmental information access rules merely because they are established by statute or receive public funding. Instead, that concept is reserved for bodies that form part of the public administration or executive branch of the State.
In reaching that conclusion, the Court emphasised that public service broadcasters primarily perform broadcasting and journalistic functions, do not participate in governmental decision-making, and must remain independent from political influence. The fact that they have a public service mandate, receive public funding or have board members appointed by government are insufficient factors.
The judgment draws an important distinction between public administration and independent public service media organisations and represents a significant endorsement of editorial independence and journalistic freedom across Europe.
The full text of the decision can be found here.
The Ashurst Perkins Coie team was led by partner Denis Fosselard and counsel Irene Antypas.
