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European Media Freedom Act (EMFA): EU’s Weapon in the Fight for Pluralistic and Independent Media?
The law in question is the Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU[1] (hereinafter the “EMFA”). The primary objective of the EMFA is to harmonise certain aspects of national legislation related to media pluralism and editorial independence.
Who is the EMFA addressed to?
The obligations imposed by the EMFA are addressed to:
Author: Arkadiusz Baran, Attorney‑at‑law, Counsel
Footnotes [1] European Media Freedom Act [2] Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter the “DSA”). [3] Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (hereinafter the “P2B”).
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- Member States, national regulatory authorities and bodies,
- media service providers (with the primary objective of such services, or their separable part, being the provision to the general public, by any means, of programmes or press publications for informational, entertainment or educational purposes, for which the media service provider has editorial responsibility),
- providers of very large online platforms (VLOPs),
- manufacturers, developers and importers of devices or user interfaces that control access to media services,
- providers of audience measurement systems.
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- require media service providers or their editorial staff to reveal their journalistic sources or disclose confidential communications, or require anyone who may possess such information by virtue of their regular or professional contacts with the media service provider or its editorial staff to disclose such information;
- deprive of liberty, impose punishment, detain or inspect media service providers or their editorial staff, subject them, their corporate offices or private premises to surveillance, conduct searches or seize property for the purpose of obtaining information on journalistic sources or confidential communications;
- use intrusive surveillance software on a physical or digital device, machine or tool used by media service providers.
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- support the Commission, through technical expertise, in ensuring the consistent and effective application of the EMFA and implementation of Directive 2010/13/EU, without prejudice to the tasks of national regulatory authorities or bodies;
- promote cooperation and the effective exchange of information, experience and best practices between the national regulatory authorities or bodies on the application of the Union and national rules applicable to media services;
- on its own initiative, when requested by the Commission or upon properly substantiated and reasonable request of a media service provider individually and directly concerned, provide opinions on regulatory or administrative measures that are likely to significantly affect the functioning of media service providers in the internal market for media services;
- on its own initiative or when requested by the Commission, provide opinions on media market concentrations which are likely to affect the functioning of the internal market for media services;
- assist the Commission in drawing up guidelines with respect to the application of the EMFA;
- foster the exchange of best practices between national regulatory authorities or bodies, when appropriate consulting stakeholders on the regulatory, technical or practical aspects relevant to the consistent and effective application of the EMFA and implementation of Directive 2010/13/EU.
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- declare that they are a media service provider;
- declare that they comply with the disclosure obligations under the EMFA;
- declare that they are editorially independent from the Member States, political parties, third countries and entities controlled or financed by third countries;
- declare that they are subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, and to supervision by competent national regulatory authorities or bodies, or that they adhere to a co-regulatory or self-regulatory mechanism governing editorial standards that is widely recognised and accepted within the relevant media sector in at least one Member State;
- declare that they do not provide content generated by artificial intelligence systems without subjecting such content to human review or editorial control;
- provide their legal name and contact details, including email address, at which the VLOP provider can quickly and directly contact them; and
- provide contact details of competent national regulatory authorities or bodies, or of the representatives of co-regulatory or self-regulatory mechanisms.
Author: Arkadiusz Baran, Attorney‑at‑law, Counsel
Footnotes [1] European Media Freedom Act [2] Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter the “DSA”). [3] Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (hereinafter the “P2B”).