Photo: RTL

Untransparent and undemocratic: this is how the then Minister of Media let the future of the media in this country be negotiated.

Although the DP’s 2013 election program did not mention media policy or CLT-UFA, the corporation behind RTL, it is the DP that is taking over the media portfolio after the elections. This means that the Liberals are responsible for the ongoing negotiations on a new contract between CLT-UFA and the state. It is Xavier Bettel himself, who as DP parliamentary group leader briefly sat on the CLT-UFA board in 2011, who is now demanding not only the post of Prime Minister, but also that of Minister of Media. In doing so, he is re-introducing a tradition that was last practiced by Jacques Santer in 1989 and has now been continued by Luc Frieden: the media is a top priority in Luxembourg.

In January 2014, Xavier Bettel presented the media component of the coalition program in the Chamber. There was not much to present, as it was already clear with the coalition agreement that the upcoming negotiations between the state and CLT-UFA would take place behind closed doors. As Xavier Bettel’s communications advisor, Paul Konsbrück moved to the State Ministry right at the beginning of CLT-UFA’s mandate, where he was the last editor-in-chief of Eldoradio. After that, nothing more was heard for a long time, the public did not get to see what kind of dynamic was developing between the ministry, CLT-UFA, RTL Group and Bertelsmann.

Maximum non-transparency

It is difficult to say from the outside how the final negotiations with CLT-UFA were prepared. However, there are enough indicators that show how close both sides have become. For example, the awarding of the Bertelsmann heiress Liz Mohn by Xavier Bettel in 2016. Both will meet again shortly afterwards at the „Mittelstandsgipfel“ of a German interest association. The discussions behind the scenes are already close to completion, when the Lunghi affair suddenly casts a very bad light on RTL and the negotiations between the state and CLT-UFA suddenly gain in intensity. In a poorly-paced interview with 100komma7, Simone Beissel (DP), then President of the Chamber’s Media Commission, also rambles on. It becomes obvious that Bertelsmann is putting pressure with high demands. Demands that Xavier Bettel is prepared to accept.

In the spring of 2017, things are moving very quickly. Paul Konsbrück is now „Government Commissioner“ at CLT-UFA, so he oversees the activities of his old employer on behalf of the state. Xavier Bettel has had a study done that should show him how far he can go in financing a private corporation without breaking EU rules. The fact that the CLT-UFA will be financed directly by the state for the first time, and with millions of euros, has never been publicly discussed. Xavier Bettel planned it exactly that way: Instead of making a concession over the usual period of 10 years, a first stage of 3 years will be decided. This will prevent the Chamber from having to pass a financing law, and the discussions will be conducted more broadly in Parliament. Xavier Bettel will present a government statement in Parliament pro forma on March 23, 2017, but will keep the negotiated agreement secret: „a trade secret“. Xavier Bettel prefers to communicate through pompous images, for example the inauguration of RTL City in April 2017. To further appease CLT-UFA, Xavier Bettel places a personal colleague in the position of president of the competitor 100komma7. It is also Laurent Loschetter who signs a concession broken above the knee for 100komma7 after 2018, in order to keep the broadcaster trapped in the passive status quo.

So what was agreed with RTL now? Apart from Xavier Bettel, only a few senior officials on the state side saw the contract at the time of the signing. The same is true of an ominous additional document, for which he jetted to Gütersloh at Bertelsmann during the 2018 election campaign. Yes, exactly, he flew, and from Luxembourg by private jet for €12,000 to Paderborn Airport. It is not known what kind of contract this was.

A new starting point for the second concession agreement

This brings Sven Clement to the table two years later. Since Bertelsmann has now moved to evict all RTL Group staff from the new RTL City and turn the „media location“ into a letterbox company, the Pirates’ deputy now wants to know whether at least a commitment to Luxembourg’s location was not part of the agreement. Sven Clement was successful, but much later.

Xavier Bettel, who was re-elected in 2018 and once again combined the positions of Prime Minister and Minister of Media, already knows that he will have to approach the next agreement differently. The CLT-UFA is asking for even more money and a financing law is becoming inevitable. If the law is discussed in the Chamber, it is impossible not to show the MPs what the state should spend up to 15 million a year on. The new concession agreement is supposed to run until 2030 and RTL will receive the absolute maximum amount of money, which still seems to be only just compatible with EU competition law. Who would want that? The DP did not include a single sentence about the future of „public service“ in the media in its election program. However, both coalition partners, the Greens and the LSAP, have already started to think about creating a real public broadcaster. There is more pressure, including from the media watchdog ALIA, which is gradually becoming stronger and more independent.

The pressure is also being increased by Bertelsmann. RTL Group has not only massively reduced staff in Luxembourg, but has also started to divest RTL branches. RTL Belgium will be sold in 2021, the sale of RTL Holland is being prepared and M6, the French RTL Group subsidiary, is also set to be sold. In fact, the time of RTL Luxembourg is over. But can Xavier Bettel become the minister under whom RTL leaves the country and a public-law alternative is created? Gaston Thorn would be turning in his grave.

A coup by Bettel

Xavier Bettel’s advantage is that he alone can determine when and where the future of the media in Luxembourg is discussed. He is making his media ministry a fortress. And it is clear how the staff there thinks. Michel Asorne has become deputy director under Xavier Bettel. Michel Asorne worked at the CLT-UFA media agency BCE for 10 years before he became an advisor to the media ministers in 2012. Under Xavier Bettel, he becomes a plus head of the ILR. Paul Konsbruck is now not just an advisor to Xavier Bettel, but head of the cabinet and leads the negotiations on behalf of the state. The financing law for the CLT-UFA is written, among others, by Carole Nuss, who has moved from LuxInnovation to the Minister of Media. Carole Nuss’s view on the issue can best be expressed with the following quote: „Luxembourg’s long-standing history in broadcasting has shaped a pragmatic business-oriented regulatory landscape, especially suited to the cross-border needs of broadcasting services.“

In the end, everything is moving very quickly again. To convince the coalition partners that someone somewhere has seriously thought about the possibility of a public-law RTL replacement, the Ministry of Media writes the „Study“: „Les médias de service public au Luxembourg - Défis actuels et perspectives d’avenir“, who exactly wrote the less than 20 pages is not clear. However, the main argument is used by Xavier Bettel from that moment on to declare the discussion over: Establishing a public-law medium would be more expensive than subsidizing RTL. A „Orientation debate“ is convened in the Chamber. According to Xavier Bettel, the proof of the absurdity of an alternative is the fact that the ARTE channel would cost over 130 million a year. It is not said who would have demanded such a model. In as few committee meetings as possible, the financing law will then pass through the chamber. The LSAP and the Greens will say yes and amen and the opposition is not opposing. Xavier Bettel has done it again.