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What is the European Media Freedom Act? 

On 7 May 2024, the European Media Freedom Act (EMFA), which opens a new stage in European media regulation, entered into force. Its aim is to harmonise national rules affecting the functioning of the internal market for the media in the European Union (EU) and to guarantee its independence and pluralism.

It responds to the profound transformation that the media has undergone in recent years, which entails opportunities, but also challenges and threats. Technological developments and new consumer habits have changed a sector that has long been digital and cross-border. Moreover, it comes in a context of increasing polarisation and misinformation, in which media and journalists may face political, legal and economic pressures. 

It contains principles and provisions aimed at safeguarding media freedom and pluralism as fundamental pillars of democracy and the rule of law. The implementation of these measures has been gradual since the entry into force of the regulation. An important milestone came on 8 August 2025, when the vast majority of its provisions became fully applicable.

What instruments does it include to defend media independence and pluralism?

In order to ensure the proper functioning of the internal market in the media sector, as well as its independence and pluralism, it contains directly applicable rules aimed at:  

  • Coordinating the response of national regulatory authorities (NRAs) to the dissemination of media originating from outside the EU that poses a serious risk to public security.
  • Assessing the impact on pluralism and editorial independence of mergers that may affect the internal media market.
  • Identifying and, where appropriate, assessing legislative, administrative or regulatory measures taken by a Member State that may affect pluralism or editorial independence and have an impact on media activity in the internal market.
  • Introducing specific safeguards for content published by independent and editorially responsible media on very large online platforms (VLOPs).
  • Providing transparent and comprehensive information on media ownership structures.
  • Ensuring, among other principles, transparency, fairness and comparability of audience measurement systems and methodologies.
  • Protecting the editorial independence of the media and journalists’ sources, as well as ensuring the financial sustainability and independent operation of public media.
  • Providing information on the expenditure of Member States’ public authorities or public entities on institutional advertising, which should be allocated on the basis of transparent, objective and non-discriminatory criteria.
  • Facilitating personalisation of the media offer on devices and user interfaces.

 

Who is competent to implement it?

Responsibilities are shared between the European Commission (EC), the NRAs of the Member States and the European Media Services Committee, an independent body set up under the EMFA to advise the EC. The Committee is composed of representatives of these media NRAs and its main task is to promote the effective and coherent implementation of the EU legislative framework in this field, as well as of the specific rules for the audiovisual sector. At the constitutive session of the European Board for Media Services (EBMS), held on 10 February, Carlos Aguilar Paredes, director of the Spanish National Markets and Competition Commission (CNMC in Spanish), was elected chair for 2025.

With regard to the NRAs, the EMFA empowers them to implement in their territorial areas, inter alia, precepts relating to: 

  • the national databases on media ownership;
  • the assessment of concentrations in the media market that may have an impact on pluralism and editorial independence;
  • the promotion of codes of conduct, including those relating to audience measurement systems.  
     

In the case of the CNMC, the attribution of the powers that the EMFA foresees for the NRAs requires the approval of a regulation with the rank of enabling law, which is still pending to date.

As for the EBMS, the main functions assigned to it by the EMFA include the following:

  • Issuing opinions on both mergers and national administrative and regulatory measures that may affect the internal media market.
  • Coordinating national measures to counter threats to public security from media outside the European Union.
  • Organising a structured dialogue between VLOPs and representatives of civil society and the media on the treatment of content published by them on these platforms.
  • Encouraging cooperation and exchange of experience and best practices between NRAs, e.g. on audience measurement systems or the development of harmonised standards for the design of devices or user interfaces.   
     

 

 

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