Thu. Sep 19th, 2024

EU Commission welcomes political agreement on European Media Freedom Act

Dec 15, 2023 , , , , , , ,
Brussels, 15 December 2023

The Commission welcomes the political agreement reached today between the European Parliament and the Council on the European Media Freedom Act,proposed by the Commissionin September 2022.

These new rules will better protect editorial independence, media pluralism, ensure transparency and fairness and bring better cooperation of media authorities through a new European media Board. It includes unprecedented safeguards for journalists to perform their job freely and safely. This novel set of rules will also ensure that media – public and private – can operate more easily across borders in the EU internal market, without undue pressure and taking into account the digital transformation of the media space.

Concretely, the European Media Freedom Act will:

  • Protecteditorial independenceby requiring Member States to respect the effective editorial freedom of media service providers, while improving the protection of journalistic sources, including against the use of spyware.
  • Ensure theindependent functioning of public service media, including by guaranteeing adequate, sustainable and predictable financial resources and fostering transparency in appointing the Head or members of public service media management boards;
  • Guarantee thetransparency of media ownershipthrough the disclosure of targeted information requirements (e.g. legal names, contact details, ownership);
  • Providesafeguards against the unwarranted removal by Very Large Online Platforms (designated under the Digital Services Act)of media content produced according to professional standards but deemed incompatible with terms and conditions;
  • Introduce aright of customisationof the media offer on devices and interfaces, such as connected TVs, enabling users to change the default settings to reflect their own preferences;
  • Ensure Member States provide an assessment of the impact of key media market concentrations onmedia pluralism and editorial independence through media pluralism tests;
  • Ensure moretransparent audience measurement methodologyfor media service providers and advertisers, to limit the risk of inflated or biased audience data;
  • Establish requirements for theallocation of state advertisingto media service providers and online platforms, to ensure transparency and non-discrimination.

A new independentEuropean Board for Media Serviceswill be set up under the European Media Freedom Act. The Board will be comprised of national media authorities or bodies and be assisted by a Commission secretariat. It will promote the effective and consistent application of the EU media law framework by, among others, issuing opinions on the impact of media market concentrations likely to affect the functioning of the internal market for media services, as well as supporting the Commission in preparing guidelines on media regulatory matters. The Board will also coordinate measures regarding non-EU media that present a risk to public security, and it will organise a structured dialogue between Very Large Online Platforms, the media and the civil society.

Next Steps

The political agreement reached is now subject to formal approval by the European Parliament and the Council. Once officially adopted and published in the Official Journal of the European Union, the Regulation will be binding in its entirety and directly applicable in all Member States after 15 months.

Background

TheCommission proposed the European Media Freedom Actin September 2022, as part of the State of the Union package, after being announced a year prior byPresident von der Leyen in her 2021 SOTEU address. It builds on the Commission’s rule of law reports and the revised Audiovisual Media Services Directive, which provides for EU-wide coordination of national legislation for audiovisual media.

The proposal was published together with aRecommendationon internal safeguards for editorial independence and ownership transparency in the media sector, which allows taking into account specificities of media regulation and self-regulation at the EU level and in the Member States.

The Act also builds on thePlatform to Business Regulation, Digital Services Act (DSA) and Digital Markets Act (DMA), as well as the new Code of Practice on Disinformation. It is part of the EU’s efforts in promoting democratic participation, addressing disinformation and supporting media freedom and pluralism, as set out under the European Democracy Action Plan.

This proposal complements the Commission’s Recommendation on the protection, safety and empowerment of journalists and the Directive to protect journalists and rights defenders from abusive litigation (anti-SLAPP package). The Media Freedom Act also works in tandem with initiatives related to viability, resilience and digital transformation of the media sector adopted under the Media and Audiovisual Action Plan and revised copyright rules. The proposal is based on extensive consultation with stakeholders, including a public consultation.

For More Information

Questions and Answers on the European Media Freedom Act(will be available soon)

Factpage: European Media Freedom Act

Factsheet: European Media Freedom Act

Press conference: European Media Freedom Act

European Media Freedom Act Proposal and Recommendation

European Media Freedom Act Impact Assessment

Quotes

Today’s agreement on this paramount piece of legislation sets out clear principles and safeguards for media independence. The European Media Freedom Act makes sure that journalists are protected in their work, also against intrusive spyware and that public media does not become a propaganda tool of one party.

Věra Jourová, Vice-President for Values and Transparency – 15/12/2023

With the agreement today on EMFA, we have made a key contribution to the sustainability and future development of independent media in the EU. Media pluralism and independence are a pillar of EU democracy, and the European Media Freedom Act will be a powerful tool to protect them, while fostering an environment where media can grow and operate freely across borders.

Thierry Breton, Commissioner for Internal Market – 15/12/2023

Source – EU Commission

 

EU Council on new rules to safeguard media freedom, media pluralism and editorial independence in the EU

The Council has reached a provisional agreement with the European Parliament on a new law to safeguard media freedom, media pluralism and editorial independence in the EU. The European media freedom act (EMFA) 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, while also making it easier for them to operate across the EU’s internal borders. The new rules will guarantee the right of citizens to access free and plural information and define the responsibility of member states to provide the appropriate conditions and framework to protect it.

Democracy cannot exist without media freedom, independence and plurality. Today’s agreement confirms the EU’s position as a world leader in protecting journalists, guaranteeing the independence of media providers, and ensuring that citizens have access to a wide and diverse range of reliable news sources.

Ernest Urtasun i Domènech, Spanish Minister for Culture

Growing threat to media freedom

The proposed regulation responds to rising concerns in the EU about the politicisation of the media and the lack of transparency of media ownership and of allocation of state advertising funds to media service providers. It seeks to put in place safeguards to combat political interference in editorial decisions for both private and public service media providers, protect journalists and their sources, and guarantee media freedom and pluralism.

A new media services board

The EMFA builds on the provisions of the 2018 audiovisual media services directive (AVMSD), and broadens its scope to include radio and press. In particular, it introduces an independent European board for media services (‘the Board’) to replace the regulators group (ERGA) established under the AVMSD. The board will be composed of national media authorities and will advise and support the Commission to promote the consistent application of key provisions of the new EMFA law and the AVMSD in all member states, including by providing opinions and helping the Commission to produce guidelines.

Elements of the compromise

The compromise text provisionally agreed between the co-legislators maintains the ambition and objectives of the Commission’s proposal while ensuring that the new law is consistent with existing EU legislation, respects national competences in this area, and strikes the right balance between the necessary harmonisation and respect for national differences.

In particular, the provisional agreement:

  • clarifies the responsibility of the member states to guarantee the plurality, independence and proper functioning of public media providers operating within their borders
  • sets out the obligation for member states to guarantee the effective protection of journalists and media providers in the exercise of their professional activity
  • prohibits member states from using coercive measures to obtain information about journalists’ sources or confidential communications except in specified cases
  • broadens the scope of the requirements on transparency, both for transparency of ownership which is proposed to apply for all media service providers and for the transparency of state advertising where the possibility of national exemptions for small entities is significantly reduced
  • provides clearer rules on the relationship between very large online platform providers (VLOPs) and media service providers that adhere to regulatory or self-regulatory regimes of editorial control and journalistic standards in member states, with the aim to ensure that content provided by media service providers is treated with extra care
  • allows media service providers to respond within 24 hours, or earlier in cases of emergency, if a VLOP decides to remove their content on the grounds of incompatibility with its terms and conditions

The deal with the Parliament determines the scope of the Board in its advisory role and strengthens its independence. It also introduces the possibility for the Board to set up a steering group, as well as to consult media representatives on issues beyond the scope of the audiovisual media sector.

Finally, member states will be able to adopt stricter or more detailed rules than those set out in relevant parts of the EMFA.

Next steps

Today’s provisional agreement must be endorsed by the Council and the Parliament once the text has been finalised at technical level. It will then be formally adopted by both institutions in the spring of 2024. Negotiations between the two co-legislators were launched on 19 October 2023 and are concluded at political level with today’s agreement.

Background

Media freedom and pluralism are enshrined in the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. However, recent reports from the Commission and the media pluralism monitor have highlighted a number of concerns in the EU regarding issues such as the politicisation of the media, transparency of media ownership and the independence of media regulators.

On 16 September 2022 the Commission published its proposal for a regulation establishing a common framework for media services in the internal market. The EMFA proposal set out new rules to protect media pluralism and independence in the EU. The Council secured a mandate for negotiations with the European Parliament on 21 June 2023, and it was revised on 22 November 2023.

 

EU Parliament: Deal on the EU Media Freedom Act

  • Ban on forcing journalists to disclose sources and use of spyware against them, except in strictly defined cases
  • All media required to be transparent about who owns them
  • Fair allocation of state advertising
  • Member states have to ensure editorial and functional independence of public media

Parliament and Council negotiators agreed on Friday on a new bill to protect EU journalists from growing threats to media freedom and the industry’s viability.

According to the provisional political agreement between the co-legislators, reached on 15 December 2023 on the European Media Freedom Act (EMFA), member states will have to ensure that citizens have access to a plurality of editorially independent media content.

Particularly, EU countries will have to ensure the editorial and functional independence of public media by:

– appointing heads and board members through transparent and non-discriminatory procedures. Their term of office will have to be long enough to guarantee the media’s independence, and dismissing them before the end of their term will be prohibited, except when they no longer meet their performance criteria (judicial review possible);

– transparent and objective funding procedures, as well as sustainable and predictable funding to safeguard independence;

– independent monitoring of media’s political independence, with public reports.

Protection of journalists’ work

Member state authorities will be prohibited from interfering with editorial decisions.

MEPs secured a prohibition on journalists and editors having to disclose their sources, including by detainment, sanctions, office searches or by installing intrusive surveillance software on their devices.

By way of derogation, such interferences will only be permitted on a case-by-case basis ‘by an overriding reason of public interest’, subject to authorisation by a judicial authority. In order to use intrusive surveillance software against journalists, it will also need to be justified for investigations of serious crimes punishable by a custodial sentence in the respective member state. In this case, surveillance measures will have to be regularly reviewed by the judiciary.

Even in these cases, the right of subjects to be informed about ongoing surveillance as well as having to have judicial protection will apply.

Ownership transparency

To assess media independence, the EMFA will oblige media, including micro-enterprises, to publish information on their direct and indirect owners, including if they are directly or indirectly owned by the state or a public authority, in a national database.

Media will also have to report on funds received from state advertising and on state financial support. This includes funds from non-EU countries.

Provisions against big platforms making arbitrary decisions

MEPs successfully negotiated the creation of a system to ensure that decisions on content moderation by very large online platforms do not negatively affect media freedom.

Platforms will first have to distinguish independent media from non-independent sources. Media would be notified that the platform intends to delete or restrict their content and have 24 hours to respond (shorter timeframe in case of crisis).

If after the reply (or in absence of it) the platform still considers the media content does not comply with its conditions, it can proceed with deleting or restricting. However, if the media considers that the decision does not have sufficient grounds and undermines media freedom, they have the right to bring the case to an out-of-court dispute settlement body and request an opinion from the European Board for Media Services (a new EU board of national regulators to be set up by the EMFA).

Fair allocation of state advertising

To ensure media outlets do not become dependent on state advertising, public funds to media service providers or online platforms will be allocated via open and non-discriminatory procedures, based on public criteria. Member states will have to distribute state advertising expenditure to a wide plurality of media.

Public authorities will publish information every year about their state advertising expenditure, the total annual amount spent and the amounts spent per media service provider or online platform.

Quotes

“This is a huge win for media freedom,” rapporteur Sabine Verheyen (EPP, DE) said after the deal was agreed. “We have managed to secure all of Parliament’s most important demands: editors will be more independent in their decisions, media ownership will be more transparent, and media freedom will not be restricted by big platforms. This is a significant legislative milestone to safeguard the diversity and freedom of our media and protect our democracies”.

“Today’s deal is nothing less than recognition. Recognition of the huge effort and hard work that all journalists do every day, risking their lives to preserve our democracies,” LIBE rapporteur Ramona Strugariu (Renew, RO) said. “It is a huge step towards protecting media freedom and securing a safe environment for journalists and media workers. They deserve it.”

Next steps

The deal has to be formally approved by the Committee on Culture and Education (January tbc) and by the Parliament as a whole (March plenary tbc), as well as by the Council.

Further information
Forward to your friends