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Proposal for a Regulation establishing a common framework for media services in the internal market and amending Directive 2010/13/EU (European Media Freedom Act)

In “A New Push for European Democracy”

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The 2020-2022 Rule of Law Reports of the European Commission, and the Media Pluralism Monitor by the European University Institute raised concerns about the politicisation of the media, protection of journalists, lack of transparency of media ownership and lack of independence of media regulators in several EU Member States. In the news media sector, traditional media struggle to adapt to an online market in which the majority of advertising revenues go to global online platforms.

The European Democracy Action Plan and the Action Plan for the Media, both adopted in December 2020, aim to support the media sector. However, both Vice-President of the Commission Věra Jourová and Commissioner Thierry Breton acknowledged in the European Parliament that complementary tools were needed to counter the growing politicisation of the media in some Member States. Therefore, the European Commission committed to prepare a European Media Freedom Act (EMFA).

The proposal was presented on 16 September 2022, together with a recommendation. Taking the Audiovisual Media Services Directive as a starting point, the proposed Act seeks to protect media pluralism and independence in the EU, including safeguards against political interference in editorial decisions.

The regulation requires Member States to respect the editorial freedom of media and improve the protection of journalistic sources. Media service providers have to ensure the transparency of their ownership. Public authorities need to publish information on their advertising expenditure on media, to ensure that the allocation of state advertising is transparent and non-discriminatory. According to the Regulation, the funding for public service media should be adequate and stable, preferably decided on a multi-year basis, in order to ensure editorial independence. The Act also aims to enhance the transparency of audience measurement systems. Building on the Digital Services Act, the Regulation protects media content online.

Member States are required to assess the impact of media market concentrations on media pluralism. EMFA also includes safeguards against the use of spyware against journalists. The Act creates a new European Board for Media Services, tasked with ensuring consistent application of EU media law framework by assisting the Commission.

Parliament's Committee on Culture and Education was the committee responsible, with the Committees on Civil Liberties, Justice and Home Affairs (LIBE) and Internal Market and Consumer Protection (IMCO) as associated committees. LIBE had exclusive competence on article 4(2) and article 20(3). 

In the Council, the proposal was discussed within the Audiovisual and Media Working Party. 

The European Economic and Social Committee (EESC) adopted its opinion in December 2022, and the Committee of the Regions in March 2023. 

The Council agreed its position on 21 June 2023. 

In the European Parliament, the draft report was presented in the CULT committee in April 2023, and the committee adopted their draft position in September 2023. The vote on the Parliament’s negotiating mandate took place at the October plenary session. The first trilogue meeting was held on 19 October 2023, and a second one on 29 November 2023. A provisional agreement was reached at the third trilogue on 15 December 2023. 

The regulation lays down, for the first-ever time at EU level, harmonised rules on media freedom and independence; transparency of media ownership; allocation of state advertising to media service providers, and protection of journalistic sources. Journalists will be able to go to court to defend their rights under the Media Freedom Act. Parliament succeeded in removing a reference to 'protecting national security' from the text, over concerns that this could have been used as a 'blank cheque' by state authorities to spy on journalists. Public authorities (without any limit regarding the number of inhabitants, as requested by the Parliament) shall make publicly available yearly information about their state advertising expenditure. The requirement will also apply to advertising on online platforms, as demanded by the Parliament.

The text was endorsed by the Coreper on 19 January 2024, and confirmed by vote in the CULT committee on 24 January. The vote in EP plenary took place in March 2024. The final act was signed on 11 April and published in the Official Journal on 17 April 2024. The Regulation shall apply from 8 August 2025, with some exceptions for specific articles.

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Author: Tarja Laaninen, Members' Research Service, legislative-train@europarl.europa.eu

As of 15/12/2024.