On 16 September 2022, the European Commission published the proposal for a regulation “establishing a common framework for media services in the internal market (European Media Freedom Act)"
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The aims to address a long-term need: the protection and promotion of media pluralism in Europe by providing a common set of rules to govern the shared European information ecosystem.
The European Commission (EC) has not had many available instruments nor legal framework to act on matters related to media freedom. While some individual Member States address pluralism and media freedoms in their national legislation, media freedom has not been given an effective legal framework of its own at the EU level - until now. As an area usually reserved to the authority of Member States, which are required to comply with the , the effectiveness of the mechanisms in place to ensure their compliance has proven insufficient (see, for instance, the application of in the EU Treaties in the ).
Moreover, the state of media pluralism in Europe is more fragile than it might otherwise appear: The and the show that press freedom is declining across Europe, while reveals troubling trends:
None of the countries analysed is free from risks to media pluralism.
Professional conditions for journalists are deteriorating, of particular concern are physical attacks, increasing online harassment and a rising number of SLAPPs.
Media market plurality is close to a high-risk level (specifically media and online platforms concentration are at a very high-risk level). The results also point out the lack of transparency in media ownership.
The impacts of disinformation need to be further analysed to better understand the risks it brings and create the best legal framework to address them.
The proposal precisely builds on the revised . For instance, it gives a broader scope to ERGA for both actions and tasks. Through its different chapters, also includes new rules on state advertising, audience measurement and to protect journalistic sources and communications as well as safeguards to public service media. The fourth section of Chapter III, addresses the issues concerning the provision of media services in the digital environment. In line with , the articles under this section will be one of our main advocacy priorities to ensure the sustainability of media and journalism in the digital information ecosystem.
This legislative proposal is accompanied by a which encourages media companies and Member States to foster media independence and transparency.
On March 13, 2024, the with an overwhelming majority, receiving 464 votes in favour, 92 against, and 65 abstentions. Once officially adopted and published in the Official Journal of the European Union, the Regulation will be binding in its entirety; it will be applicable in all Member States after 15 months. However, some specific provisions will have a different date of entry into application, for instance: 12 months as regards the provisions on regulatory cooperation between media regulators and 36 months regarding the customisation right.
The working group on EMFA has calling for the effective implementation of the European Media Freedom Act. While the EMFA is setting a crucial baseline, the call for further action from Member States, regulatory bodies and the Commission, urging them to strengthen safeguards for journalists’ rights and media pluralism beyond minimum standards and to collaborate closely with media and civil society stakeholders for the EMFA’s effective implementation. Undersigned organisations stand ready to support this effort to ensure a resilient press landscape across the EU.
To learn more about the coordination work by the EU Media Advocacy Working group on the EMFA you can .
Legislative Train:
