Report on ban extension on TV-newspaper cross-ownership
PRESS RELEASE
PRESS RELEASE
BAN ON TV-NEWSPAPER CROSS-OWNERSHIP: ANTITRUST TO GOVERNMENT AND PARLIAMENT - 'NO' ON POWER OF EXTENSION FOR PRESIDENT OF THE COUNCIL
Unless the law is modified, the Antitrust Authority will need to scrutinize the power to determine the ban's duration and how it is exercised in light of the rules on conflict of interest
It is inappropriate to endow the President of the Council with the power to decide whether to extend the ban on TV-newspaper cross-ownership beyond 31st March 2011, as proposed in the 'milleproroghe' decree (the annual decree extending the life of various measures). So reads the Antitrust Authority report submitted to Prime Minister Silvio Berlusconi and the Presidents of the House and Senate - Gianfranco Fini and Renato Schifani. According to conflict-of-interest guidelines, the current President of the Council should be denied control over the cross-ownership ban. Without modifying the law in this way, the decision about whether or not to apply the extension will require an Antitrust Authority examination (without necessarily establishing a conflict of interest) in order to determine the unique and preferential impact on the holdings of the President of the Council and the damage to the public interest.
The Government had already been informed (on January 20th) of the Antitrust Authority’s support for extending the ban's duration - as directly provided by the decree - in order to protect communications and ensure pluralism in the media. This would prevent the ban from being configured as a proprietary advantage for the President of the Council. The rules and regulations for a sensitive sector like publishing, in any case, require utmost caution to prevent any discretionary powers from being attributed to the Prime Minister.
Rome, 01st March 2011