The Council of the European Union has adopted a new law, the European Media Freedom Act (EMFA), aimed at safeguarding media freedom, media pluralism, and editorial independence within the EU. The EMFA will establish a common framework for media services in the EU’s internal market and introduce measures to protect journalists and media providers from political interference. It will also facilitate their operation across the EU’s internal borders.
The new rules will ensure citizens’ right to access free and plural information and define the responsibility of member states to provide the appropriate conditions and framework to protect it. “An independent media is a vital element of any free and democratic society. Today’s adoption demonstrates the EU’s continuing commitment to protecting journalists and safeguarding media freedom and pluralism,” said Benjamin Dalle, Flemish Minister for Brussels Affairs, Youth, Media, and Poverty Reduction.
The regulation responds to rising concerns in the EU about the politicisation of the media, the lack of transparency of media ownership, and the allocation of state advertising funds to media service providers. It aims to put in place safeguards to combat political interference in editorial decisions for both private and public service media providers, protect journalists and their sources, and guarantee media freedom and pluralism.
The EMFA builds on the provisions of the 2018 audiovisual media services directive (AVMSD). It introduces an independent European board for media services to replace the regulators group (ERGA) established under the AVMSD. The board, composed of national media authorities, will advise and support the Commission and promote the consistent application of key provisions of the new EMFA law and the AVMSD in all member states.
The regulation will be signed, published in the EU’s Official Journal, and enter into force 20 days later. Media freedom and pluralism are enshrined in the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. However, recent reports from the Commission and the Media Pluralism Monitor have highlighted concerns in the EU regarding issues such as the politicisation of the media, transparency of media ownership, and the independence of national media authorities.
The European Media Freedom Act was announced by President Ursula von der Leyen in the 2021 State of the Union Address. On 16 September 2022, the Commission published its proposal for a regulation establishing a common framework for media services in the internal market. The EMFA proposal set out new rules to protect media pluralism and independence in the EU. Negotiations between the Council and the European Parliament concluded with an agreement on 15 December 2023.
