The Council has reached an important milestone in the protection of media freedom, media pluralism, and editorial independence in the European Union by reaching a provisional agreement with the European Parliament on the European Media Freedom Act (EMFA). This landmark agreement will establish a common framework for media services in the EU’s internal market and introduce measures aimed at protecting journalists and media providers from political interference.
Why Media Freedom Matters
Freedom of the media is fundamental to the functioning of a democratic society. The new rules laid out in the EMFA will guarantee the right of citizens to access free and plural information, defining the responsibility of member states to provide the appropriate conditions and framework to protect it. This will further solidify the EU’s position as a world leader in protecting journalists, ensuring the independence of media providers, and offering citizens access to a wide and diverse range of reliable news sources, as emphasized by Ernest Urtasun i Domènech, Spanish Minister for Culture.
Addressing Growing Threats
The EMFA responds to growing concerns about the politicization of the media and the lack of transparency in media ownership and allocation of state advertising funds to media service providers. It aims to combat political interference in editorial decisions, protect journalists and their sources, and guarantee media freedom and pluralism, bridging gaps that have raised concerns in the EU.
New Provisions and Oversight
Building on the 2018 audiovisual media services directive (AVMSD), the EMFA introduces an independent European board for media services to replace the regulators group established under the AVMSD. This board will advise and support the Commission, ensuring the consistent application of key provisions of the new EMFA law and the AVMSD in all member states, thereby promoting transparency and accountability on a European scale.
Elements of the Compromise
The provisional agreement maintains the ambition and objectives of the Commission’s proposal, respecting national competences, and striking the right balance between harmonization and respect for national differences. Key provisions include clarifying member states’ responsibilities to guarantee the plurality, independence, and proper functioning of public media providers; ensuring effective protection of journalists and media providers; and setting out clear rules on the relationship between very large online platform providers (VLOPs) and media service providers.
Next Steps
Today’s provisional agreement must be endorsed by the Council and the Parliament once the text has been finalized at a technical level. It is expected to be formally adopted by both institutions in the spring of 2024. This represents a significant step forward in the protection and promotion of media freedom, pluralism, and independence in the EU.
The European Media Freedom Act is poised to bring about a positive shift in the safeguarding of media freedom and pluralism in the European Union and reaffirm the EU’s commitment to upholding fundamental rights in the sphere of media.
Background
Media freedom and pluralism are enshrined in the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. The EMFA proposal was initiated by the Commission following reports highlighting concerns about the politicization of the media, transparency of media ownership, and the independence of media regulators. The Council secured a mandate for negotiations with the European Parliament, leading to the remarkable provisional agreement that sets the stage for a new era of media protection in the EU.
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