As the European Union reshapes the regulatory landscape for digital media, industry stakeholders are warning that new legislation could unintentionally disrupt long established standards for audience measurement.
At the centre of the debate are two major initiatives: the European Media Freedom Act (EMFA), adopted in 2024, and the Digital Omnibus, which is still under negotiation. While the EMFA explicitly recognises independent, transparent and cross platform audience measurement as a cornerstone of a functioning media market, the Digital Omnibus aims to overhaul the technical rules governing data access and user consent.
German national TV audience measurement body AGF Videoforschung says the interaction between the two laws could have far reaching consequences. In a special meeting, the organisation’s Supervisory Board endorsed management’s assessment that the real question is not whether independent measurement remains legally permitted, but whether it will remain practically feasible.
Audience measurement plays a decisive role in determining visibility, advertising flows and the economic viability of media offerings. AGF argues that only a uniform, independent standard can ensure comparability across platforms – an essential ingredient for market transparency and assessments of media pluralism.
But the Digital Omnibus could alter the technical environment in ways that favour proprietary, first party measurement systems operated by large platforms. While the proposal does not explicitly restrict independent measurement, AGF warns that it may create unequal implementation conditions.
Industry concerns focus on the fact that those who control key technical access points – such as operating systems, browsers or login infrastructures – effectively shape the conditions under which measurement standards can be applied.
“This is not about whether measurement is permitted. It is about the conditions under which an independent standard can realistically operate. If implementation conditions become asymmetric, market architecture shifts – not through prohibition, but through practical feasibility,” said Kerstin Niederauer‑Kopf, CEO of AGF.
AGF argues that comparable audience data is not merely a commercial concern but a democratic one. If proprietary measurement systems proliferate, the market could splinter into parallel data realities, undermining the ability to assess media pluralism and distorting competition.
“Comparability becomes relative,” the organisation warns, “and with it the basis for fair competition.”
The organisation is urging EU policymakers to ensure that the EMFA’s recognition of independent measurement is not undermined by technical rules introduced through the Digital Omnibus. Data protection and independent measurement, AGF argues, should not be treated as competing objectives.
AGF’s Supervisory Board – which includes representatives from broadcasters, marketers and the industry associations OWM and Die Mediaagenturen – has formally backed this position.
