European Media Freedom Act (EMFA)

European Media Freedom Act (EMFA)

Status: In force

Since 7 May 2024 (see final text published in Official Journal)
It will apply on 8 August 2025 (with certain provisions on rights of recipients of media services applicable on 8 November 2024, provisions on the rights for media providers to perform their economic activity without restrictions other than those allowed under EU law, editorial freedoms and actions taken to protect those freedoms are applicable on 8 February 2025 and others on the right of customization of audiovisual and media offer on 8 May 2027 after entry into force)

Summary

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