On Thursday 5 February, the European Commission published its guidelines on the application of Article 18 of the European Media Freedom Act, EMFA). This text provides a framework for the “declaration functionality” that Very Large Online Platforms (VLOPs) must implement to notify media providers and protect their content from arbitrary moderation.
The key objective is to facilitate the deployment of this functionality so that the media can self-identify with online platforms. To benefit from the EMFA safeguards, a media outlet must therefore certify that it is “editorially independent from any Member State, Union institution, body, office or agency, and from any third country”. The European Commission specifies that this declaration must be processed via an interface that is “easy-to-use, easily accessible and technically secure”.
The document stresses that platforms must not turn this process into another compliance review. The Commission's instructions stipulate that VLOPs should “refrain from requesting information or documentation that goes beyond what is necessary” to verify the identity of the media. Once the declaration has been submitted, the platforms are required to provide “an immediate acknowledgement of receipt”.
From now on, VLOPs are also obliged to notify publishers in advance of any intention to withdraw or restrict journalistic content. Publishers are therefore “given 24 hours to respond before the removal takes effect”.
If there is any doubt about the validity of a declaration, the text encourages the use of trusted third parties who can act as intermediaries between the parties involved. The European Commission proposes to call on the European Committee for Media Services for “identifying the most relevant organisations” for this task.
Finally, the Commission insists on the need for ongoing monitoring of the scheme, stating that it is “fully committed” to ensuring that Article 18 is effectively applied. These guidelines will be regularly monitored as part of the structured dialogues provided for in the Regulation, with the possibility of revision “if necessary”.
See the full document: https://aeur.eu/f/kmw (Original version in French by Justine Manaud)