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REPORT (COM(2022)0457 – C90309/2022 – 2022/0277(COD))

On the proposal for a regulation of the European Parliament and of the Council establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU

A-9-2023-0264

Committee on Culture and Education · Rapporteur: Sabine Verheyen

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal for a European Media Freedom Act sets common rules for the internal market for media services and minimum standards on media pluralism and editorial independence. It protects editorial freedom and journalistic sources, requires transparent media ownership and state advertising, and creates a European Board for Media Services with an Expert Group. It sets rules for public service media independence, media market concentrations, audience measurement, and relations between media and very large online platforms. It bans spyware and surveillance against media service providers and their staff, with narrow derogations for serious crimes.

Committee position. The Committee on Culture and Education proposes to amend the Commission proposal to strengthen media pluralism, editorial independence, protection of journalists, independence of public service media and the European Board for Media Services, and to clarify rules on media market concentrations, state advertising and very large online platforms.

Key points

  1. Member States must ensure recipients have access to a plurality of editorially independent media services and safeguard media pluralism.
  2. Media service providers may exercise economic activities without restrictions other than those allowed by Union law.
  3. The Union, Member States and private entities must respect editorial freedom and must not interfere in editorial decisions or oblige disclosure of sources.
  4. They must not detain, sanction, search or inspect media providers or their staff to obtain source information, access encrypted content, or deploy spyware, with narrow derogations for serious crimes.
  5. Member States must designate an independent authority to handle complaints about breaches of these protections.
  6. Public service media must have full editorial independence, transparent appointment of management, adequate multiannual funding, and independent monitoring.
  7. Media service providers must publish ownership, editorial responsibility and state advertising information, and submit it to national media ownership databases.
  8. Media service providers must take measures to guarantee editorial independence and disclose conflicts of interest; those receiving third-country public funds must report annually.
  9. Heads of State, heads of government, ministers and equivalent officeholders must not be beneficial owners of press or audiovisual media and must end such relationships within 60 days.
  10. National regulatory authorities must be independent, well-resourced, consult the media sector, and maintain public media ownership databases.
  11. A European Board for Media Services is established with an independent secretariat and an Expert Group, and must act independently and report annually to Parliament.
  12. The Board coordinates national regulators, issues opinions on national measures and media market concentrations, and maintains a European Database of Media Ownership.

Who is affected

  • Media service providers, including press, audiovisual and online media, must comply with ownership transparency, editorial independence and audience measurement rules.
  • Journalists, editors, editors-in-chief and media workers gain protection against surveillance, source disclosure and interference.
  • Public service media providers must be independent, adequately funded and transparently governed.
  • Very large online platforms must provide declaration functionalities, priority complaint handling and engage in structured dialogue.
  • National regulatory authorities must be independent, monitor state advertising and maintain media ownership databases.

Figures and deadlines

  • 60 days to terminate business relationships with media service providers after becoming a politically exposed person.
  • 30 days to submit updated ownership information to national databases after a change.
  • 24 hours for very large online platforms to process and decide on complaints from recognised media service providers.
  • 15% maximum share of a public authority's total advertising budget allocated to a single media service provider.
  • 14 calendar days for the Board to issue an opinion on a draft national decision on media market concentration.
  • 30 calendar days for a national regulatory authority to justify not following the Board's opinion on a media market concentration.
  • 3 months after entry into force for Articles 7 to 12 and 27 to apply.
  • 24 months after entry into force for Article 19 to apply.

Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union.