Media law and regulation in Bulgaria

Under Bulgarian law, content is regulated separately from the transmission and therefore the rules governing the provision of media services are stipulated in a separate set of legislative acts. Currently, audio-visual media services (both linear – programmes provided at a scheduled time and watched simultaneously by the audience and non-linear or on-demand services) and radio services are regulated as media services under the Law on Radio and Television (LRT) and the related subsidiary legislation. Said law also regulates the services of video-sharing platforms, although such services are explicitly excluded from the statutory definition of media services. Except for a few rules concerning transparency of ownership and the ultimate beneficial owners set out in various laws, the content and activities of traditional print media, such as newspapers and magazines are not subject to statutory regulation.

The regulatory body in audio-visual media services is the Council on Electronic Media (CEM). It is the independent state authority vested with the powers to regulate both audio-visual media services and video-sharing platforms domiciled in Bulgaria.

Ownership restrictions

Pursuant to the LRT, providers of audio-visual media services shall be traders (individuals or legal entities) registered under Bulgarian law or legal entities incorporated in another EEA member state. Effective from 1 January 2014, the Law on the Economic and Financial Relations with Entities Registered in Jurisdictions with Preferential Tax Treatment, their Controlled Entities and their Beneficial Owners prohibits any entities registered in a jurisdiction having a preferential tax treatment, as well as their controlled entities to incorporate or acquire a shareholding in an entity that applies for or has been awarded a TV or radio programme licence under the LRT, provided that the shareholding confers 10 per cent or more of the voting rights. A similar restriction applies to publishers of periodic printed media, however, not to TV and radio operators, whose programmes are not intended for distribution via electronic communications networks for digital terrestrial or analogue broadcasting, as well as to on-demand service providers.

Licensing requirements

Audio-visual media services in Bulgaria are provided under a licence, upon registration or following a notification to the CEM.

Radio and TV activity involving programmes transmitted via digital terrestrial or terrestrial analogue networks are carried out based on a licence issued by the CEM. Licences for programmes transmitted via terrestrial analogue networks are granted under a tender procedure initiated at the request of the interested party or the CEM. In its application, the interested party may indicate the broadcasting point and territorial coverage. In three (if no international spectrum coordination is required) to eight months (if international spectrum coordination is required) the CEM coordinates the technical aspects of the broadcasting with the CRC and thereafter opens a tender (depending on the available spectrum). Based on the results of the tender, the CEM resolves on the issuance of a licence for radio or television activity and a permit for the use of spectrum by the CRC for the applicant ranked first. Following the entry into force of the said resolution, the CEM would issue the respective licence and the CRC the related spectrum permit.

Foreign programmes and local content requirements

Only audio-visual media service providers under the jurisdiction of Bulgaria are subject to authorisation in Bulgaria. Where a foreign service provider is established in an EEA country the activity as an audio-visual media service provider might be carried out based on the freedom of reception principle. Bulgaria may not restrict the service if the provider complies with the Audio-Visual Media Services Directive in the country of origin. Where circumvention of rules occurs, the Bulgarian regulator may restrict certain content, such as incitement to hatred, which may not be banned in the provider’s country of origin but violates local laws. Such restrictions must follow a statutory procedure and are only allowed under exceptional circumstances (eg, where the service openly, substantially and grossly violates public order or gives rise to a serious and grave risk of affecting public health, etc).

Advertising

Broadcast media advertising is regulated primarily by Chapter 4 of the LRT, which implements the relevant provisions of the AVMS Directive. The rules on media advertising cover audio-visual commercial messages, commercial messages transmitted on the radio, as well as those distributed by the operators of video-sharing platforms under the jurisdiction of Bulgaria. Thus, the operators of such video-sharing platforms also have to comply with the LRT advertising requirements (mainly commercial communication to be clearly identified as such, not to incite discrimination or behaviour that endangers human health and safety, to comply with the restrictions related to advertising of alcoholic beverages, and with the prohibition on advertising of cigarettes, other tobacco and related products, including e-cigarettes and refill containers, to protect children’s health and mental well-being, etc). The operators of video-sharing platforms should also introduce appropriate measures that prevent the distribution of user-generated content that violates the above-identified advertising requirements.

Must-carry obligations

Bulgarian law sets forth two sets of must-carry obligations – for providers of radio and TV programmes distribution networks (cable and satellite) and DTB network operators.

Must-carry obligations for conveying nationwide and regional programmes of the Bulgarian National Television and the Bulgarian National Radio free of charge are imposed on all cable and satellite operators that distribute TV programmes in Bulgaria. This obligation was reviewed and confirmed by the CRC in 2014.

Regulation of new media content

Following the transposition of the revised AVMS Directive, currently, the LRT also regulates the video-sharing platform services provided by video-sharing platform providers under Bulgarian jurisdiction.

Provision of such video-sharing platform services is subject to a notification to the CEM, which notification shall be accompanied by draft general terms and conditions of the service in respect of which the LRT prescribes a minimum content requirement. The notification is thereafter entered into the public registry of video-sharing platforms kept by the CEM and the general terms and conditions are coordinated by the authority within 30 days of submission. The providers of video-sharing platforms have the obligation to protect:

• minors from programmes, user-generated videos and commercial communications that may impair their physical, mental, moral and (or) social development; and
• the general public from programmes, user-generated videos and commercial communications containing incitement to violence or hatred directed against a group of individuals or a member of a group based on any discrimination criteria, as well as from content the distribution of which constitutes an activity being a crime under the Bulgarian Penal Code, such as public provocation to commit a terrorist act, child pornography, racism and xenophobia.

Digital switchover

Analogue TV broadcasting was switched off on 30 September 2013 and from that date, broadcasting of terrestrial television in Bulgaria is digital only.

The relocation of the frequencies freed up as a result of the digital switchover has been carried out based on the Plan for Implementation of Terrestrial Digital Television Broadcasting (DVB-T) in Bulgaria and several amendments to the Electronic Communications Law and the ЗРТ. The licences for use of the frequencies for DVB-T have been granted on the grounds of the competitive bid procedure; however, from 2021, only one national and one regional multiplex operator is in service, each providing for six programmes. The 782-862MHz band has been designated for mobile wireless broadband applications (the digital dividend) once this band is released from current government use, therefore, such band cannot be used for digital broadcasting.

Digital formats

Bulgarian telecommunications law is technology neutral and therefore authorisation regimes are based on the use of particularly scarce resources (spectrum), rather than on the type of particular technology (multi-channelling, high-definition, data services). In principle, the LRT regulates only two types of permits – for programmes transmitted via digital terrestrial networks and for programmes transmitted via terrestrial analogue broadcasting networks. Only TV and radio operators transmit programmes via terrestrial analogue broadcasting networks’ own spectrum permit issued by the CRC in addition to the programme licence granted by the CEM. Providers of programmes transmitted via digital terrestrial networks do not have a spectrum licence on their own. Rather, they are using the services of an entity authorised by the CRC for the use of the DTB spectrum (multiplex operators) to broadcast their programmes. Such multiplex operators have the obligation to transmit licensed TV and radio programmes of the type and profile determined by or coordinated with the CEM under the rules of the LRT.

Media plurality

There are no specific legal rules or processes for assessing media plurality by competent state bodies or for instructing companies to take steps in that regard. There is a general requirement that when deciding on whether to issue a licence for radio or TV activities, the CEM shall evaluate, among others, whether by issuing a licence, favourable conditions for media diversity and pluralism will be created. Additionally, the LRT prescribes that in exercising its functions, the CEM can undertake measures to ensure sufficient visibility of media services in accordance with general interest objectives, such as media pluralism, freedom of expression and cultural diversity. Furthermore, the LRT requires that the CEM shall protect freedom of expression, the independence of media service providers and media pluralism in exercising its powers. Thus, in the lack of effective mechanisms, quality journalism and media independence may be affected by the lack of plurality in media owners or economic models.

Key trends and expected changes

In 2024, based on the CEM Annual Report 2024, the issues attracting the attention of the media regulator in Bulgaria were very similar to those at the EU level. Some of these issues were the media coverage of the war between the military group Hamas and Israel, and the events in the Russian Federation provoked by the Wagner private military group. Focused monitoring was conducted on the coverage of the death of Russian opposition figure Alexei Navalny and the coverage of the war in Ukraine for the period from 16 February to 3 March 2024. Focused thematic monitoring was also carried out with respect to the adoption of the euro in Bulgaria and the entry of the country in the eurozone between 18-31 January 2024.

In 2024, the protection of children, as a vulnerable audience, remained a priority of the regulator. On 15 February 2024, the CEM held a discussion on the topic ‘Children and the Media,’ during which a commissioned study on children’s media consumption was presented. The results of the study indicate that television is the most widely consumed type of media among children, with a significant majority (67 per cent) watching television daily. Furthermore, in 2024, the CEM adopted a document entitled Recommended Screen Time for Children and Guidelines for the Use of Media and Online Content. The recommendations primarily focus on child protection and adult support, emphasising that screens — and especially quality content — can offer numerous benefits in areas such as education, digital literacy, and access to culture.

On 11 April 2025, the Accessibility Requirements for Products and Services Law was promulgated in the State Gazette. This legislative act applies inter alia to services providing access to audiovisual media services. The legislation does not apply to pre-recorded media content with a fixed duration, published before 28 June 2025 on websites and mobile applications. The new law regulates the accessibility requirements for products and services; the procedure for assessing the conformity of products with these requirements; the obligations of economic operators who place products on the market or provide services; the supervision of products made available on the market and (or) put into operation; and the control of the compliance of services with the accessibility requirements. The CEM is designated as the supervisory authority for services providing access to audiovisual media services.