Published on and written by Cyril Jarnias
Media Law in Bulgaria is a complex subject that intertwines freedom of expression and regulations, reflecting a global trend toward balancing these fundamental concepts. While the Bulgarian constitution guarantees freedom of speech, the existing legal framework must often navigate a minefield of political and economic influences. In this context, Bulgarian journalists face growing challenges, including external pressure and self-censorship. This article explores how these sociopolitical factors impact the practice of journalism in Bulgaria and what they mean for the future of democracy and media pluralism in the country.
Media Law in Bulgaria: A General Overview
Legislative Framework for Media in Bulgaria
The Bulgarian media landscape is primarily governed by the Radio and Television Act, adopted in 1998 and regularly amended to align with European directives. This law establishes the fundamental principles of broadcasting and defines the regulatory framework for audiovisual media. In 2010, significant amendments were made to harmonize legislation with the European Audiovisual Media Services Directive.
The Bulgarian Constitution of 1991 explicitly guarantees freedom of expression and prohibits censorship. However, there is no specific law governing the print media, which is considered a free commercial entity.
Recent legislative efforts aim to improve transparency of media ownership. A 2014 law prohibits offshore companies from holding broadcasting licenses. In 2018, amendments to the Penal Code were adopted to better protect journalists against SLAPP lawsuits.
Regulatory Bodies
The Council for Electronic Media (CEM) is the main regulatory authority for audiovisual media in Bulgaria. Established in 2001, it replaced the former National Radio and Television Council. Its five members are appointed by Parliament and the President.
The CEM is responsible for issuing broadcasting licenses, monitoring program content, and enforcing ethical standards. However, its independence and effectiveness are often questioned by international observers.
Journalists’ Rights and Responsibilities
Bulgarian journalists theoretically enjoy strong protection of their sources. The law explicitly prohibits any interference in the editorial work of journalists by persons outside the media’s governing bodies.
Nevertheless, the practical application of these principles remains problematic. Journalists face increasing economic and political pressures, often leading to self-censorship. Defamation remains a criminal offense, although penalties have been reduced in recent years.
Challenges to Media Freedom
Despite a relatively favorable legal framework, Bulgaria faces serious challenges regarding press freedom. The concentration of media ownership in the hands of a few oligarchs limits information pluralism. Public media are accused of lacking independence from political power.
The opaque allocation of public funds, especially from the European Union, for institutional advertising is pointed to as a means of pressuring the media. Investigative journalists regularly face intimidation and threats.
European Comparisons
In Reporters Without Borders’ 2024 World Press Freedom Index, Bulgaria ranks 59th out of 180 countries, an improvement over previous years but still far behind most European Union countries.
The Centre for Media Pluralism and Media Freedom classifies Bulgaria among countries at “high risk” in terms of media freedom and pluralism. The most concerning indicators relate to media ownership concentration and political independence.
According to the IREX Media Sustainability Index, Bulgaria scored 2.55 out of 4 in 2023, placing it in the “near-sustainable” media systems category, but with persistent weaknesses in journalistic professionalism and media business management.
Good to Know :
In Bulgaria, media law is primarily regulated by specific laws such as the Radio and Television Act and the Press Act, which have recently been adjusted to better govern freedom of expression. The Bulgarian Council for Electronic Media plays a crucial role in overseeing media operations and ensuring compliance with broadcasting standards. Bulgarian journalists have the fundamental right to freedom of expression, but must also respect laws on defamation and data protection. Historically, the media have faced challenges such as censorship and self-censorship, exacerbated by economic and political pressures. Currently, Bulgaria maintains a mediocre position in European rankings for press freedom, due to the high concentration of media in the hands of a few powerful individuals, contrasting with countries like Norway and Finland where the press is freer and more diverse.
Freedom of Expression: A Bulgarian Perspective
A Media Landscape Under Pressure
Freedom of expression in Bulgaria has seen a significant deterioration over the past decade. Despite joining the European Union in 2007, the country has seen its position in international press freedom rankings drop dramatically. This regression is explained by a combination of factors, including the concentration of media in the hands of oligarchs close to power and political pressures on independent journalists.
A Double-Edged Legislative Reform
In July 2024, the Bulgarian Parliament adopted amendments to the Penal Code aimed at better protecting journalists against SLAPP lawsuits. These changes notably reduced fines imposed for defamation against state representatives. However, these measures remain insufficient to guarantee true freedom of expression. Journalists continue to face legal and extra-legal threats in the exercise of their profession.
Censorship and Self-Censorship: A Climate of Fear
Bulgarian journalists work in an environment marked by intimidation and self-censorship. According to a recent survey, 92% of Bulgarian journalists say interference in their work is frequent. This pressure takes various forms, from direct threats to economic pressures exerted by media owners. In 2023, journalist Viktor Nikolaev was violently assaulted outside his home, illustrating the risks faced by those who dare to criticize those in power.
Political Influence Over the Media
Collusion between major media and the political sphere has become a hallmark of the Bulgarian media landscape. A striking example of this proximity was the 2023 nomination of Anton Hekimyan, editor-in-chief of the news program on the leading channel bTV, as a candidate for mayor of Sofia by former Prime Minister Boyko Borissov’s GERB party. This nomination drew sharp criticism regarding the independence of mainstream media.
The Crucial Role of Press Freedom Organizations
Faced with these challenges, national and international organizations play a crucial role in defending freedom of expression in Bulgaria. The Association of European Journalists of Bulgaria (AEJ-Bulgaria) regularly conducts studies on the state of press freedom in the country. These reports serve as advocacy tools with European and international institutions to maintain pressure on Bulgarian authorities.
The Emergence of Digital Media as a Ray of Hope
In this difficult context, digital media are emerging as a source of hope for independent journalism in Bulgaria. With nearly 70% of the population having internet access, these platforms offer a freer space for expression. News sites like Bivol.bg have specialized in investigative reporting on corruption, using data leaks to shed light on the misconduct of political and economic elites.
Future Outlook: Between Stagnation and Reform
The future of freedom of expression in Bulgaria remains uncertain. On one hand, the persistence of existing power structures and media concentration suggest stagnation or even continued deterioration. On the other hand, growing pressure from civil society and European institutions could push for more substantial reforms. The key lies in the ability of Bulgarians to mobilize international support while strengthening local independent journalism initiatives.
Good to Know :
Since the early 2000s, Bulgaria has undertaken legislative reforms aimed at strengthening freedom of expression, but challenges persist, notably due to political influence and censorship weighing on the media. Journalists often face political pressures, as illustrated by the controversial 2022 interruption of a media investigation into corruption. Defamation laws remain a source of concern, as they can be used to intimidate media professionals. Several organizations, such as Reporters Without Borders and the Association of European and Bulgarian Journalists, work to protect these freedoms by offering legal support and raising public awareness. As the country seeks to align with European standards, a firmer stance against censorship and a strengthening of judicial independence could foster genuine freedom of expression.
Regulations and Obligations for Bulgarian Media
Legal Framework for Media in Bulgaria
The Bulgarian Constitution guarantees freedom of expression and prohibits media censorship. Article 40 states that “the press and other media shall be free and shall not be subject to censorship”. This fundamental principle is complemented by the Radio and Television Act, adopted in 1998 and regularly updated to align with European directives.
This law establishes the regulatory framework for audiovisual media, defining linear and non-linear services, and setting standards for content, advertising, and the protection of minors. It also introduces restrictions on cross-ownership of national media to promote pluralism.
Obligations and Ethical Standards
Bulgarian media must adhere to principles of objectivity, accuracy, and balance in their news coverage. The law requires that information be presented impartially, especially during election periods. Broadcasters are required to clearly distinguish facts from opinions and to respect human dignity.
Codes of professional ethics, developed by journalist associations, complement this legal framework by promoting journalistic integrity and editorial responsibility.
Role of the Council for Electronic Media
The Council for Electronic Media (CEM) is the independent regulatory body responsible for overseeing the audiovisual sector. Its five members are appointed by Parliament and the President for six-year terms. The CEM grants broadcasting licenses, monitors compliance with legal obligations, and can impose sanctions for violations.
This council plays a crucial role in enforcing European standards, notably by ensuring the transposition of EU directives on audiovisual media services into Bulgarian legislation.
Protection of Sources and Right of Reply
Bulgarian law recognizes journalists’ right to protect their sources. However, this right is not absolute and may be limited in exceptional circumstances, such as investigations into serious crimes.
The right of reply is guaranteed by law, allowing individuals mentioned in the media to correct inaccurate information about themselves. Media are required to publish these replies within a specific timeframe and format.
Challenges and Criticisms of the Regulatory Framework
Despite a legal framework broadly in line with European standards, the effective implementation of these regulations raises concerns. International organizations have pointed to a lack of transparency in media ownership and risks of excessive concentration.
Economic and political pressure on the media remains a major challenge. Cases of self-censorship and political interference in editorial work have been reported, calling into question the effectiveness of existing legal protections.
The Centre for Media Pluralism and Media Freedom has identified Bulgaria as a “high-risk” country for media freedom and pluralism, highlighting the need to improve enforcement of existing laws and strengthen regulator independence.
Impact on Freedom of Expression
Although the legal framework aims to protect freedom of expression, its practical application remains problematic. Journalists face threats, harassment, and abusive lawsuits, which can have a chilling effect on investigative journalism.
The proliferation of SLAPP lawsuits against journalists has been identified as a growing threat to press freedom, prompting calls for more protective legislation.
Daily Operations of the Media
Regulations impose operational constraints on media, particularly regarding quotas for European content and advertising limitations. Broadcasters must devote at least 50% of their airtime to European works, influencing their programming strategies.
The need to comply with strict rules on personal data protection and copyright adds a layer of complexity to the daily management of newsrooms, especially for smaller media with limited resources.
Good to Know :
In Bulgaria, media are governed by the Constitution and specific laws such as the Radio and Television Act, which mandate respect for pluralism, objectivity, and defined ethical standards. The Council for Electronic Media plays a key role in supervising and regulating the media, ensuring their compliance with national and European legislation. Media are required to protect sources and offer a right of reply, obligations aimed at preserving the integrity of information while respecting freedom of expression. However, criticisms remain regarding the enforcement of these regulations, notably from international organizations that highlight persistent challenges such as judicial harassment of journalists and political influence over media content, which exerts pressure on the autonomous functioning of the media. These regulations raise the question of their real impact on press freedom in Bulgaria, while also suggesting prospects for continuous improvement to ensure a free and dynamic press.
Challenges Faced by Foreign Journalists in Bulgaria
Linguistic and Cultural Challenges for Foreign Journalists
Foreign journalists working in Bulgaria face several obstacles, including the language barrier. Bulgarian, with its Cyrillic alphabet and complex grammar, can be difficult for non-native speakers to master. This linguistic difficulty can hinder access to local sources and understanding of cultural nuances, which are essential for in-depth media coverage.
Cultural differences represent another major challenge. Foreign journalists must navigate a social and professional environment that may be very different from that of their home country. Understanding social norms, customs, and local sensitivities is crucial for building trusting relationships with sources and correctly interpreting events.
Bureaucratic Complexity and Legal Restrictions
Bulgarian bureaucracy can be particularly complex for foreign journalists. Obtaining visas, work permits, and accreditations can be a lengthy and tedious process. Additionally, media laws in Bulgaria impose certain restrictions that may surprise journalists accustomed to more liberal environments.
Regulations regarding access to public information and protection of sources may differ significantly from international standards, complicating investigative work. Foreign journalists must therefore quickly familiarize themselves with the local legal framework to avoid legal trouble.
Political and Economic Environment
The Bulgarian political environment presents unique challenges for foreign journalists. Political polarization and allegations of corruption can make it difficult to obtain impartial information. Journalists must navigate this complex landscape carefully, maintaining objectivity while avoiding being perceived as taking sides.
On the economic front, the concentration of media ownership in the hands of a few oligarchs can limit access to certain sources of information. Foreign journalists may face indirect economic pressures, including difficulties in obtaining interviews or access to certain events.
Security and Potential Threats
Although Bulgaria is generally considered a safe country, foreign journalists may sometimes face threats or intimidation, especially when investigating sensitive topics such as organized crime or high-level corruption.
Cases of verbal assault, surveillance, and even cyberattacks have been reported. These potential risks can have a chilling effect on some journalists, pushing them toward self-censorship or avoiding certain controversial subjects.
Concrete Experiences of Foreign Journalists
Several foreign journalists have shared their experiences working in Bulgaria. Some have highlighted the difficulty of obtaining official information, citing excessive delays or unjustified refusals. Others have mentioned subtle pressures exerted by political or economic actors to influence their coverage.
A notable case is that of a Russian journalist expelled from Bulgaria in 2023, accused of being a threat to national security. This incident raised questions about press freedom and the treatment of foreign journalists in the country.
Impact on Press Freedom and Access to Information
The challenges faced by foreign journalists in Bulgaria have a significant impact on press freedom and access to information in the country. The combination of language barriers, bureaucratic complexities, and politico-economic pressures can limit the diversity of voices and perspectives in the Bulgarian media landscape.
Bulgaria’s ranking in international press freedom indices reflects these difficulties. Although a member of the European Union, the country often ranks near the bottom among member states in terms of media freedom.
These obstacles can also affect the quality and depth of international coverage of Bulgarian affairs. Foreign journalists, faced with these challenges, may struggle to provide in-depth and nuanced analysis of the country’s situation, which in turn can influence the international perception of Bulgaria.
Good to Know :
Foreign journalists in Bulgaria face several challenges, including language and cultural barriers that complicate access to information. Complex bureaucracy poses an additional obstacle, often requiring lengthy administrative procedures to obtain necessary accreditations. Furthermore, local media laws, which are sometimes restrictive and subject to varying interpretations, can limit reporting freedom. The uncertain political and economic climate accentuates these difficulties, making the media environment sometimes hostile and unpredictable, with risks of economic pressure or censorship. Journalists have reported situations of threats or surveillance, such as the experience of a British reporter who faced pressure after investigating local corruption. These challenges, amplified by the existing regulatory framework, often hinder the ability of foreign media to operate freely, thereby compromising press freedom and transparent access to information in Bulgaria.
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Cyril Jarnias is an independent expert in international wealth management with over 20 years of experience. As an expatriate himself, he is dedicated to helping individuals and business leaders build, protect, and pass on their wealth with complete peace of mind.
On his website, cyriljarnias.com, he shares his expertise on international real estate, offshore company formation, and expatriation.
Thanks to his expertise, he offers sound advice to optimize his clients' wealth management. Cyril Jarnias is also recognized for his appearances in many prestigious media outlets such as BFM Business, les Français de l’étranger, Le Figaro, Les Echos, and Mieux vivre votre argent, where he shares his knowledge and know-how in wealth management.
