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Media freedom and pluralism in Europe

Free and independent press is a cornerstone of democratic systems and holds those accountable to account. In turn, accurate and independent information allows citizens to actively scrutinise political actors, make informed political choices and exercise their right to receive reliable information, which has an important impact on the exercise of other fundamental rights. Yet media freedom around the world is increasingly restricted or subject to state interference.

In light of a steady decline in media freedom and pluralism across the EU, shrinking civic space and deep and fast transformation of the news media business model, the EU issued the European Media Freedom Act (EMFA), along with the Recommendations on internal safeguards for editorial independence and ownership transparency in the media sector.

On this webpage, we provide you with all the elements you need to understand why legislation on media freedom is important in the EU.

Do you want to be kept up to date about any progress on this file? Contact our Policy Manager at [email protected].

What is the European Media Freedom Act ?

The European Media Freedom Act (EMFA) was proposed as a tool that can be directly applied to all EU Member States and their citizens in order to safeguard media freedom and media pluralism. As the EMFA is a regulation, it does not need to be transposed by Member States and therefore allows few amendments by national governments seeking to make the legislation ineffective.

The EMFA proposal focuses on, among others:

  • Spyware use against journalists,
  • Interference in editorial decisions,
  • Funding of public service media,
  • State advertising in media,
  • Media ownership transparency,
  • Establishment of a European Board for Media Services,
  • Assessment of media mergers, and
  • Online content removal.

What you should know

Who does the European Media Freedom Act address?

  • Media service providers
  • Journalists
  • Very large online platforms (VLOPs)
  • National governments
  • National media regulators

Why is the EU passing a regulation on media freedom?
  • Media freedom and pluralism are vital for democracy, as they enable citizens to gather timely and factual information on governments and the state of the world in general. The media play a crucial role in ensuring that political actors are held accountable for their actions and that people in positions of power cannot act as they wish without consequences.
  • In her 2021 State of the Union Address, Commission President Ursula von der Leyen stressed the importance of media freedom for democracy and vowed to protect journalists from attacks on their editorial independence and, increasingly, their lives. To this end, she promised the Commission would deliver a Media Freedom Act in 2022 which would ensure better safeguards to protect journalists, their work, and media freedom. The Commission delivered when it published the EMFA proposal on 16 September 2022.
  • The European Democracy Action Plan (EDAP) also includes a pledge of the Commission to protect the safety of journalists from threats to life and abusive use of strategic lawsuits against public participation (SLAPPs) and to propose further measures to support media pluralism and to strengthen transparency of media ownership and state advertising.

Who are the key policy makers? 
  • Within the European Parliament, the lead Committee in charge of the EMFA is the CULT Committee, while the IMCO and LIBE Committees have shared competence on the entire draft law. Additionally, the LIBE Committee has exclusive competence on Articles 4(2) and 20(3). 
  • The interinstitutional negotiations (trilogues) were concluded in December 2023. The final version of the Regulation was approved by both the European Parliament (13 March 2024) and the Council of the EU (26 March 2024).
  • EMFA entered into force on 7 May 2024. According to the political guidelines laid out by the re-elected President of the Commission, Ursula von der Leyen, the implementation of EMFA will remain a priority in the upcoming mandate.

What are the key issues at stake? 

Media independence

The EMFA includes safeguards ensuring that journalists and media editors are protected from external pressure, such as the prohibition of interference or influencing of editorial decisions by Member States. A limited  use of spyware against journalists is still allowed under the proposal for reasons of national security. A debate is to be expected on whether the proposed safeguards are enough or if they need to be strengthened.

State advertising

State advertising is a heavily felt issue across the EU. Without EU-imposed obligations, governments would covertly granting public money to friendly media to promote positive voices and stifle dissent and criticism. Civil society advocates for fully transparent and fair rules for the assignment of state advertising to media service providers, including public subsidies.

Media ownership

In the past few years, for example in Czechia, media ownership by political actors has posed a massive problem, fueled by a lack of legislation applicable to these relationships. Transparency of media ownership is necessary for these ties to be uncovered and controlled.

European Board for Media Services

A new body is proposed to implement, monitor and advise regarding issues related to media within the EU – the European Board for Media Services (the Board). The Board would replace and succeed the European Regulators Group for Audiovisual Media Services (ERGA) and be composed of national regulators. Many in the civil society space are concerned that the Board will not be independent enough from the influence of the Commission and the national governments and will thus be inefficient in ensuring media freedom and pluralism.

“Media privilege”

Proposed under Article 17, “media privilege” aims at helping media service providers get a better position when dealing with online content deletion and suspension. Under this Article, organisations would be able to self-declare themselves as media on very large online platforms (VLOPs) and as a result be given additional advantages. Civil rights organisations warn it may open the doors to disinformation and propaganda published by “media”, whether truly independent or not.

Latest news on media freedom and pluralism

EU DOCUMENTATION

Council of the European Union

European Commission

European Committee of the Regions

European Data Protection Supervisor

European Economic and Social Committee

European Parliament

European Regulators Group for Audiovisual Media Services

GREAT READS
  • ARTICLE 19 (2023), EU: How will the Media Freedom Act deal with journalism on social media?, here.
  • ARTICLE 19 (2022), Response to the European Commission’s public consultation for European Media Freedom Act, here.
  • ARTICLE 19 (2022), EU: ARTICLE 19’s recommendations for the European Media Freedom Act, here.
  • ARTICLE 19 (2022), EU: Media Freedom Act is an important step in safeguarding media plurality, here.
  • Cantero Gamito, M. (2022), Consistent regulatory and self-regulatory mechanisms for media freedom in the Digital Single Market. The European Media Freedom Act (EMFA) as meta-regulation, here.
  • Centre for Media Pluralism and Media Freedom (2022), Study on media plurality and diversity online, here.
  • Cole, M. D. & Etterldorf, C. (2023), Research for CULT Committee – European Media Freedom Act – Background Analysis, here.
  • Cesarini, P., De Greogorio, G. & Pollicino O. (2023). The Media Privilege in the European Media Freedom Act, here.
  • Deme, D. (2022). Opinion: The EU’s Media Freedom Act is a Concealed Threat to the Freedom of Speech, here.
  • EU Disinfo Lab (2022). The European Commission’s EMFA proposal is paving the way for the media exemption to come back, here.
  • European Audiovisual Observatory (2022). The proposal for a European Media Freedom Act, here.
  • European Audiovisual Observatory (2021). Transparency of media ownership, here.
  • European Broadcasting Union (2022). European Media Freedom Act: The EBU’s response to the public consultation, here.
  • European Centre for Press and Media Freedom (2022). Joint Statement on the Proposal for the European Media Freedom Act, here.
  • European Commission (2020). European democracy action plan, COM (2020) 790 final, here.
  • European Commission (2020). Europe’s Media in the Digital Decade: An Action Plan to Support Recovery and Transformation, COM/2020/784 final, here.
  • European Independent Media Publishers (2023). European Media Freedom Act (EMFA): EIMP statement on Article 17, here.
  • European Parliament (2023). Amendments to the Committee on the Internal Market and Consumer Protection draft report  (173-421), here and (422-700), here.
  • European Parliament (2023). Research for CULT Committee – European Media Freedom Act: Policy Recommendations, here.
  • European Digital Rights (2023). Proposal for a European Media Freedom Act (EMFA): EDRi amendments and recommendations, here.
  • European Federation of Journalists (2023). The European Media Freedom Act – EFJ Position, here.
  • European Federation of Journalists (2022). EFJ welcomes European Media Freedom Act but calls for strengthening, here.
  • European Parliament (2021). Media Action Plan: Key challenges related to media pluralism, media freedom and democracy, here.
  • European Parliament (2021). Media Action Plan: Policy Recommendations, here.
  • European Parliament (2021). Europe’s media in the digital decade: An action plan to support recovery and transformation in the news media sector, here.
  • European Parliament (2021). Resolution on Europe’s Media in the Digital Decade: and Action Plant to Support Recovery and Transformation (2021/2017 (INI)), here.
  • European Parliament (2020). Resolution on strengthening media freedom: the protection of journalists in Europe, hate speech, disinformation and the role of platforms (2020/2009 (INI)), here.
  • European Regulatory Group for Audiovisual Media Services, (2023). ERGA proposals for EMFA amendments art.7–16, here.
  • European University Institute (2022). Monitoring Media Pluralism in the Digital Era: Application of the Media Pluralism Monitor in the European Union, Albania, Montenegro, the Republic of North Macedonia, Serbia and Turkey in the year 2021, here.
  • Galaski, J. (2023). ​Liberties’ Take To Make Media Freedom Stronger In The EU: EMFA Policy Brief, here.
  • Global Forum for Media Development (2022). Joint Statement on the Proposal for the European Media Freedom Act, here.
  • Helberger, N., van Drunen M., Fahy, R., Naudts L., Piasecki S. & Seipp, T. (2023). Expert opinion on draft European Media Freedom Act for stakeholder meeting 28 February 2023, here.
  • International Press Institute (2022). European Media Freedom Act breaks significant new ground, here.
  • Internews (2023). Findings Report: The Media Freedom Cohort, here.
  • Killeen, M. (2023). EU Council lawyers confirm legal basis of Media Freedom Act, here.
  • Kolaja, M. (2022). Pros and Cons of the European Media Freedom Act, here.
  • Marthoz, J. P. & Gibson, T. (2023). Fragile Progress: The Struggle for Press Freedom in the European Union, here.
  • Martini, M. (2022). Why are EU public registers going offline, and what’s next for corporate transparency?, here.
  • Media Freedom Rapid Response (2022). Joint Statement on the Proposal for the European Media Freedom Act, here.
  • MediaLab (2022). Media Freedom Act: help now avoid ‘other Trumps and Ukraines’, here.
  • Nenadić, I. (2022). What is state advertising, and why is it such a big problem for media freedom in Europe?, here.
  • Polyák, G. (2023). Too Much for Others, too Little for Us: The Draft European Media Freedom Act from a Hungarian Perspective, here.
  • Rappler (2022). Maria Ressa, Dmitry Muratov’s 10-point plan to address the information crisis, here.
  • Štětka, V (2023). Attitudes to media freedom and independence in Central Europe, here
  • The Civil Liberties Union for Europe, (2023). Liberties Media Freedom Report 2023: Free Media’s Decline Continues Across Europe, here.
  • Živković, M. F.  & Leaković, K. (2022). Indirect and Direct Subsidies for Media: The European Experience, here.
  • Živković, M. F. (2016). Alternative Models for Independent Media Funding: Who Will Pay for Journalism?, here

Our work on this file is financed by Open Society Foundations.