CIVICUS speaks with Renate Schroeder, Director of the European Federation of Journalists (EFJ), about the European Media Freedom Act, the first integrated legislation that protects freedom of expression and media independence and pluralism in the European Union.
The EFJ is the largest organisation of journalists in Europe, fighting for decent working conditions and defending the right to freedom of expression.
Why was the European Media Freedom Act (EMFA) needed?
The European Commission (EC) produced the draft EMFA in September 2022, in a context of growing disinformation and threats to media independence and journalists’ safety across Europe. The Vice President of the European Commission for Values and Transparency, Věra Jourová, understood the dangers of media capture and political manipulation. With her help and a lot of research by European institutions, we were able to show media freedom was declining in the European Union (EU), despite the bloc’s historical commitment to this principle.
That’s why the EC came up with a proposal to ensure the right of all citizens to receive plural and editorially independent information. This had never been formally addressed before. The EMFA is rooted in the need to create clear rules to level the playing field across the EU, addressing issues such as media capture, the independence of public service media, editorial independence, transparency in media ownership and state advertisement.
What regulations does the EMFA introduce?
The EMFA seeks to safeguard media freedom and integrity. It includes provisions to protect journalistic sources, ensuring confidentiality. This is particularly crucial for investigative journalism given the growing use of spyware to target journalists’ sources, as seen in countries such as Greece and Hungary.
The Act also addresses state control over public service media. Rather than state broadcasters, what the ecosystem needs is independent, strong, public service media systems free of state influence or control over funding.
In addition, the EMFA recognises readers’ right to know who’s behind what they read, so it includes an article on transparency in media ownership and another on editorial independence to prevent journalism being used for political or economic interests or propaganda. This is based on the acknowledgment there are people such as politicians or foreign business leaders who own media outlets and use them for their agendas. They don’t view journalism as a public good but as a tool for propaganda.
Another issue the Act deals with is content moderation. Journalists are no longer the gatekeepers of information – platforms are. Recognising this, the EMFA requires platforms to consult media service providers and journalists before removing content.
Finally, the Act establishes a board composed of independent regulatory authorities tasked with overseeing compliance with the EMFA and other related legislation such as the Audiovisual Media Service Directive.
What were the main points of contention during the process?
At the beginning, several stakeholders were against the EMFA. Germany raised one significant point of contention. It has a federal system where states have their own independent regulatory media systems, and they were concerned about potential interference from Brussels.
Publishers also presented a challenge. They showed little interest in any transparency or editorial regulation and had concerns about a European board having a say on that.
However, with the support of a group of media freedom organisations, digital rights advocates and other civil society groups, we overcame most of these obstacles. While the initial draft was not as good as we would have liked, the European Parliament emerged as our ally and helped strengthen transparency rules and reinforce provisions related to public media service and source protection.
One particularly contentious issue during negotiations with both the European Parliament and European Council was the protection of sources and safeguards against spyware. Some states, such as France, argued for exemptions based on national security considerations. These risked compromising the protection of journalists’ sources and transforming the EMFA into a surveillance tool. Thanks to efforts of supportive countries such as Spain, these proposals were rejected, preserving the EMFA’s integrity.
Does the final draft fully address civil society concerns?
While the final draft addresses some concerns raised by civil society, there are areas where our partners feel it could have gone further.
For instance, on the issue of transparency of media ownership, civil society groups wanted to establish a European database, but this provision didn’t go through. We also wanted to include a stronger article addressing concentration of media ownership and requiring a public interest test for mergers. The language in the final agreement is often too principled, which may cause problems when implemented at the national level.
Even so, we understand that drafting regulations at the European level, where you deal with multiple and diverse states, is not easy. The current rise of right-wing governments is only making it harder. Even traditionally supportive states such as Denmark, Finland and Sweden have been cautious in their approaches.
We knew it was now or never, so we are very happy the EMFA got adopted, even if some articles are not worded as strongly as we would have liked. With right-wing movements on the rise, there was a lot of pressure to agree a final text and have it passed right away, even if it wasn’t perfect, because the June European Parliament elections will likely result in a more right-wing Parliament.
What happens next?
The next step is for the European Parliament’s Plenary session in Strasbourg on 11 March to formally vote on the provision agreement, which the Council of the EU under the current Belgian presidency will officially adopt. The Act needs a three-fourths majority, and only Hungary is certain to vote against. It will enter into force a year afterwards, with some articles taking effect earlier, at six months, and others later, at 15 months. And then it will get implemented and have direct effects at the national level.
There will likely be a testing period in which civil society and journalists’ organisations will play a vital role in ensuring effective implementation and taking legal action if necessary. For instance, if media providers fail to comply with transparency rules, civil society may need to challenge them in court.
However, it is still unclear how this process will work. For instance, if a civil society organisation in Hungary believes there’s a lack of plural access to media and decides to take legal action, it may face challenges in Hungary’s judicial system and may need to escalate the issue to the Court of Justice in Luxembourg, a process that could take several years.
I am also worried about how the article on the protection of sources will be implemented. Even though safeguards are in place, this article may be misinterpreted. At the end of the day, national security issues are always defined at the national level. That’s a limitation of all EU treaties and some states may end up finding clever ways to circumvent these protections.
Having this legal framework in place is a big step forward, but it will also be crucial for states to take it seriously.
Over the last five years, the EC has made significant progress in regulating the information ecosystem, with initiatives such as the Digital Service Act, Digital Markets Act, Artificial Intelligence Act and now the EMFA. The main challenge will be the effective implementation of all these measures. We hope the EC will prioritise implementation and sanction states that fail to comply. We also hope the EMFA will receive sufficient funding for the board to deal with monitoring and implementing it. Without proper enforcement, no regulation will be of any help.
What further reforms are needed?
We are worried about the use of generative AI to promote disinformation and deep fakes. Voluntary guidelines are not enough. We need stronger measures that balance freedom of expression with human control over AI systems. While AI can be a great tool for journalists it can also be misused.
The EU is at a crossroads. The European Parliament has always been on the side of media freedom, and for the first time we risk losing this support. Young voters will play a vital role in the upcoming elections. Their engagement, informed vote and understanding of the role of the EU and what is at stake may change the course of the elections. And for that facts are needed, and a healthy information ecosystem with limited disinformation circulating in social media.
Get in touch with the European Federation of Journalists through its website or Instagram and Facebook pages, and follow @EFJEUROPE and @renatemargot on Twitter.
