The Member States’ Deputy Ambassadors to the European Union ('Coreper I') reviewed, on Wednesday 23 November, the progress of discussions on the European Media Freedom Act (EMFA) (see EUROPE 13023/1). While delegations overall welcomed the general objectives, “a number of delegations have maintained general and specific scrutiny reservations in respect of the EMFA”, says the document prepared by the Czech Presidency of the EU Council on the basis of the work of the preparatory groups.
Scope and EU competence
The issue of subsidiarity is shaping up to be a subject of debate, with Member States questioning the EU’s competence “to legislate on all issues that are covered by the EMFA”. In particular, they pointed to potential conflicts between national laws and the prohibition on the use of spyware on journalists and their family members except in cases of national security concerns.
On the scope of the directive, Member States felt that several clarifications still need to be made. They noted, for example, the unclear definitions of “editor” or “media service”.
European Board for Media Services
Member States have also pointed out, as MEPs have (see EUROPE 13063/29, 13050/27), the potential overlap with the Audiovisual Media Services Directive (AVMSD). In particular, they looked at the case of the European Board for Media Services, an independent body that would replace the current European Regulators Group for Audiovisual Media Services (ERGA), as defined in the AVMSD.
They questioned the independence of this new committee from the European Commission, as the EMFA provides that in certain cases “the decision or opinion of the Board will be taken ‘in agreement with the Commission’”.
They also noted that, in EMFA’s view, the committee should coordinate national measures against media based in third countries that would undermine public security. However, as the recent ban on Russian media by the EU Council was based on a different legal basis, namely that of sanctions, Member States have asked for clarification “on the coordination procedures and the scope of measures that can be taken”.
Finally, the Member States discussed rules on transparency of media funding and ownership.
The progress report will be presented to EU ministers at the ‘Education, Youth, Culture and Sport’ Council (EYCS) on 28 November 2022.
To read the full text: https://aeur.eu/f/47k (Original version in French by Hélène Seynaeve)