On Wednesday, the European Parliament adopted the Media Freedom Act, forging a path to protect journalists and press freedoms. The law was approved with 464 votes for, 92 against and 65 abstentions. In essence, the Act prohibits EU member states from mandating journalists to reveal their confidential sources, and from using surveillance software against them.
The new law gives birth to the European Board for Media Services, which will assume the responsibilities of the current European Regulators Group for Audiovisual Media Services. One key role of the newly formed board will be overseeing the Act’s application throughout the member states and tackling issues such as disinformation and foreign interference.
The Act outlines circumstances under which EU member states may access information pertaining to journalists’ sources or confidential communications – only when a judge deems there is an “overriding requirement in the public interest” necessitating the disclosure. Furthermore, the Media Freedom Act binds media service providers to divulge their ownership structures, including the total sum of state advertising allocated and advertising revenues received from public authorities or non-EU member states.
Recognising the significant impact social media platforms have on press freedoms, the Act also has provisions to ensure transparency on these platforms. It mandates social media to delineate independent news outlets from non-independent sources. Moreover, they must alert news agencies of any impending deletion or restriction of their content, granting them a 24-hour window to respond.
The Act was welcomed by the European Commissioner for the Internal Market, Thierry Breton. The President of the European Parliament, Roberta Metsola, and Breton declared the Act imperative to bolster media independence.
However, the Act has seen opposition from several countries. The likes of Germany, Denmark, France, and Hungary have questioned the legal basis of the Act, arguing it infringes on national sovereignty. Notably, Denmark has contended that media regulation should be a domestic issue as the media largely serves national audiences.
A recent 2022 Rule of Law Report by the European Commission underscored the significance of media freedom, market plurality, political independence, and social inclusiveness of media. The report flagged numerous EU members including Bulgaria, Greece, Hungary, Malta, Poland, Romania, and Slovenia, as being at high risk for infringement on media freedom and pluralism. Instances of online harassment and physical attacks against journalists were noted in these countries.