European Media Freedom Act (EMFA)
Status: In draft
- Commission’s proposal published 16 September 2022
- Council adopted its position on 21 June 2023
- Parliament is currently negotiating its position with expected adoption in October 2023
- Interinstitutional negotiations ‘trilogues’ will start after Parliament having adopted its position
Summary
Proposal for a European Regulation aiming to strengthen media independence and media pluralism in the EU. The framework comes with both rights and duties for media players.
Scope
Media Service Providers defined as "a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the choice of the content of the media service and determines the manner in which it is organised” and including in particular
- Entities providing television or radio broadcasts, on-demand audiovisual media services, audio podcasts or press publications
- Video-sharing platforms or very large online platforms when exercising editorial control
Key elements
- Right of media users to plurality of content related to news and current affairs (in accordance with fundamental right to information)
- Guaranteeing editorial freedom and protection of journalists
- Safeguards for the independent functioning of public service media providers
- Monitoring system regarding transparency of ownership of media service providers providing news and current affairs content
- Establishing the European Board for Media Services, a new “watchdog” for media freedom replacing the European Regulators Group for Audiovisual Media Services (ERGA)
- Assessment of M&A transactions in the media sector to ensure pluralism and to prevent media market concentration
Challenges
- Transparency obligations for media outlets (possibly also online platforms when providing news) regarding their direct, indirect and beneficial ownership
- Providers of very large online platforms have to award media outlets a privileged status when it comes to content removal
- Possibly extensive regulation of media market concentration that might bring significant changes on merger control regimes for the media sector
- Concerns about legislative competency for the subject matter regulated by the EMFA (Article 114 TFEU)
- Concerns about undermining existing, non-governmental media oversight
Key Freshfields contact(s):
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Dr. Theresa Ehlen Partner
Düsseldorf, Frankfurt am Main
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Laura Knoke Partner
Hamburg, Berlin
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Dr. Lutz Riede Partner
Vienna, Düsseldorf
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Katharina-Sophia Rieger Associate
Berlin