European Commission Vice-President Věra Jourová and Commissioner for the Internal Market Thierry Breton unveiled on Friday 16 September the European Commission’s proposal for a Media Freedom Act (EMFA), an initiative consisting of a Regulation and a Recommendation.
Media independence: no political or “capitalist” interference
The proposed Regulation emphasises media independence and pluralism. It “requires Member States to assess the impact of media market concentrations on media pluralism and editorial independence”. Similarly, “any legislative, regulatory or administrative measure taken by a Member State that could affect the media [is duly] justified and proportionate”. On the media side, EMFA will require greater transparency of ownership and is accompanied by a (non-binding) Recommendation of best practice on transparency of ownership and editorial independence.
The proposed Regulation also pays particular attention to the independence of public service media. It requires that their funding be “stable and adequate” and that their management and board be appointed “in a transparent, open and non-discriminatory manner. Public service media providers shall provide a plurality of information and opinions, in an impartial manner, in accordance with their public service mission”.
Similarly, the act seeks to ensure that the allocation of State media advertising is “transparent and non-discriminatory” and that audience measurement systems are “transparent and objective”, with audience ratings being taken into account in determining the amount of advertising allocated.
The EMFA also provides for stronger protection of sources and safeguards to prevent the use of spyware, whether against the media or journalists themselves.
Creation of a European Board for Media Services
Another cornerstone of the proposed Regulation is the creation of a European Board for Media Services. An independent body, it would replace the European Regulators Group for Audiovisual Media Services (ERGA) and would be made up of representatives of the national media authorities of the 27 Member States.
Described as the “European watchdog for media freedom”, the Board could, among other things, issue non-binding opinions on national legislative measures or media concentrations that would affect the various national media sectors. It would also coordinate measures taken at national level to protect against third country media that pose a risk to public safety. Finally, it would assist the Commission in developing guidelines for media regulation.
Media in the digital space
In the digital space, and in line with the Digital Services Act (DSA), EMFA wants to protect media from unjustified removal of their content from platforms. Except in cases of “systemic risks such as disinformation”, these will have to communicate the reasons why they consider a content contrary to their policy before a removal.
For users, the proposal introduces a “right of customisation of the media offer on devices and interfaces”. Users will therefore be able to customise the default settings, such as the content they see.
A mixed reception from the sector
The EMFA follows on from the Recommendation on the safety of journalists and measures to combat SLAPPs. “While these two initiatives focus on protecting individual journalists, this Media Freedom Act is focusing on protecting the media sector as such”, said Věra Jourová. However, the proposal has provoked mixed reactions from the sector.
Reporters Without Borders (RWB) welcomed, in a press release, the logic of the “New Deal for journalism”, with the “importance of taking account of the impact of media market transactions on pluralism and editorial independence, regulating State advertising and ensuring media ownership transparency”, but believes that the Commission’s proposal remains insufficient. The organisation calls in particular for clarification of the criteria according to which a media may benefit from guarantees against the moderation of content on the Internet and for further “protection of the European information space against external manipulation and influence” through an “appropriate and legitimate legal framework”.
In a joint statement, journalists’, media freedom, and human rights organisations agreed that EMFA has “identified many of the key issues where the EU and Member States must urgently act”, but that it needs to be strengthened. “We call on the EU to strongly improve the EMFA’s provisions about transparency of media ownership, transparency on State advertising, independence of national regulators and the European Board for Media Services, surveillance of journalists and protection of journalistic sources”, said Ricardo Gutiérrez, General Secretary of the European Federation of Journalists (EFJ), who co-signed the statement, on Twitter.
On the other hand, the text is not easily accepted by press publishers (see EUROPE 13012/25). The European Newspaper Publishers Association (ENPA) and the European Magazine Media Association (EMMA) denounce an attack on the freedom of the press and publishers and “an unjustified and problematic centralisation of media policy”.
See the legislative proposal: https://aeur.eu/f/34o (Original version in French by Hélène Seynaeve)