The European Media Freedom Act (EMFA) entered fully into force last week (8 August) - with the exception of one article, about the right to customise the media offering. EMFA establishes new EU-wide rules to protect media freedom and pluralism. The EMFA is intended to safeguard the freedom of public and private media to operate free from political or commercial pressure and is responsive to the digital age.
The EMFA includes provisions to protect editorial independence, including protection for journalistic sources from spyware, and to ensure independence for public service media; it provides transparency in ownership and regulates media content removal by large online platforms. The EMFA also requires transparency in state advertising, mandates that impact assessments be carried out before major mergers and introduces overtake audience measurement rules to prevent market manipulation. An independent European Board for Media Services oversees the consistent application of the EMFA, replacing the previous body, the European Regulators Group for Audiovisual Media Services (ERGA).
The EMFA takes effect at a crucial moment. The annual media report by the Civil Liberties Union for Europe (Liberties) warns that media pluralism in Europe is gradually eroding due to ownership concentration, political and commercial influence and attacks on journalists. Press freedom is under attack across Europe, with some states facing an existential battle for press freedom.
“The EMFA provides a legal base to enforce media freedom and pluralism across Member States. If properly enforced, it could lead to stronger protections—including through court action—and set new standards for press independence.It’s essential to monitor media freedom and whether citizens can access trustworthy information free from political or economic interference.
However, many Member States are either unprepared or actively resisting compliance. The National Regulatory Authorities and the European Commission must ensure robust enforcement. It is also important to encourage governments to expand protections beyond the legislation’s scope, particularly when it comes to shielding journalists and media outlets from spyware and surveillance”, said Eva Simon, Head of the Tech and Rights division at Liberties.
About Liberties
The Civil Liberties Union for Europe (Liberties) is a Berlin-based watchdog and advocacy network organisation working to protect and strengthen democracy, the rule of law, and fundamental rights in the EU.
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