European Media Freedom Act (EMFA)
Status: In draft
- Final adoption by Parliament on 13 March 2024, final endorsement by Council (European Media Freedom Act: Council adopts new rules to protect journalists and media providers - Consilium (europa.eu))
- Published in Official Journal on 17 April 2024, will enter into force on 7 May 2024
- Political agreement reached on EMFA on 15 December including compromise found on media content moderation by VLOPs, rules on media market concentration assessments, role of European Board for Media Services as well as protection of journalists against surveillance software, see Commission’s Q&A document dated 21 December 2023 as well as our blogpost for more details on the political agreement; Technical negotiations have concluded with a final compromise text reached on 19 January 2023.
- It will apply on 8 August 2025 (with certain provisions on rights of recipients of media services applicable on 8 November 2024, provisions on the rights for media providers to perform their economic activity without restrictions other than those allowed under EU law, editorial freedoms and actions taken to protect those freedoms are applicable on 8 February 2025 and others on the right of customization of audiovisual and media offer on 8 May 2027 after entry into force)
Summary
Proposal for a European Regulation aiming to strengthen media independence and media pluralism in the EU. The framework comes with both rights and duties for media players.
Scope
Media Service Providers defined as "a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the choice of the content of the media service and determines the manner in which it is organised” and including in particular
- Entities providing television or radio broadcasts, on-demand audiovisual media services, audio podcasts or press publications
- Video-sharing platforms or very large online platforms when exercising editorial control
Key elements
- Right of media users to plurality of content related to news and current affairs (in accordance with fundamental right to information)
- Guaranteeing editorial freedom and protection of journalists
- Safeguards for the independent functioning of public service media providers
- Monitoring system regarding transparency of ownership of media service providers providing news and current affairs content
- Establishing the European Board for Media Services, a new “watchdog” for media freedom replacing the European Regulators Group for Audiovisual Media Services (ERGA)
- Assessment of M&A transactions in the media sector to ensure pluralism and to prevent media market concentration
Challenges
- Transparency obligations for media outlets (possibly also online platforms when providing news) regarding their direct, indirect and beneficial ownership
- Providers of very large online platforms have to award media outlets a privileged status when it comes to content removal
- Possibly extensive regulation of media market concentration that might bring significant changes on merger control regimes for the media sector
- Concerns about legislative competency for the subject matter regulated by the EMFA (Article 114 TFEU)
- Concerns about undermining existing, non-governmental media oversight
Key Freshfields contact(s):
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Dr. Theresa Ehlen Partner
Düsseldorf, Frankfurt am Main
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Laura Knoke Partner
Hamburg, Berlin
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Dr. Lutz Riede Partner
Wien, Düsseldorf
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Katharina-Sophia Rieger Associate
Berlin