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

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

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Committee on the Internal Market and Consumer Protection · Rapporteur: Geoffroy Didier

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The Committee on the Internal Market and Consumer Protection gives its opinion on the proposed European Media Freedom Act (EMFA), a regulation on a common framework for media services in the internal market that also amends Directive 2010/13/EU. It proposes amendments to separate the press and audiovisual sectors, to give publishers and editorial managers control over editorial decisions, and to require newsrooms to adopt ethical codes of conduct. It wants clearer obligations for very large online platforms and search engines on content moderation, audience measurement and priority handling of media complaints within 24 hours. It proposes replacing the European Regulators Group for Audiovisual Media Services (ERGA) with a new Board, with guarantees for its independence and adequate resources for national regulators. It adds rules on prominence of media services of general interest, transparency of media ownership, state advertising, and assessment of market concentrations affecting media pluralism.

Committee position. The committee proposes amendments to the EMFA to better fit EU law and the media ecosystem, including separating press and audiovisual sectors, strengthening editorial independence, clarifying obligations for online platforms, and ensuring adequate resources for national regulators.

Key points

  1. The opinion says the EMFA should guarantee media independence and pluralism in the internal market, especially given the digital transition and the role of online platforms, social networks and search engines.
  2. It proposes to separate the press and audiovisual sectors because they operate in different markets and are regulated by different systems.
  3. It wants editorial freedom to rest with the publisher and editorial authority, and newsrooms to adopt ethical charters negotiated between publisher and journalists.
  4. It proposes replacing ERGA with a new Board, keeping a separate agenda for Directive 2010/13/EU, and ensuring the Board's independence and decision-making.
  5. It calls for stronger, binding provisions so Member States give national regulatory authorities adequate financial, human and technical resources for their new tasks.
  6. It adds rules requiring Member States to ensure appropriate prominence of audiovisual and audio media services of general interest, accessible through a single user action.
  7. It requires very large online platforms to give media service providers priority handling of complaints within 24 hours and to explain suspensions or restrictions.
  8. It requires transparency of media ownership, including public online databases of disaggregated data on media service providers.
  9. It requires audience measurement systems to be transparent, comparable and audited at least once a year by an independent body, with non-aggregated data provided.
  10. It requires state advertising to be allocated according to transparent, objective, proportionate and non-discriminatory criteria, with yearly public information on expenditure.
  11. It requires Member States to provide rules for assessing market concentrations that could significantly impact media pluralism and editorial independence, with notification in advance.
  12. It requires media service providers receiving public funds for advertising from third countries to report annually to the national regulatory authority, which makes the reports public.

Who is affected

  • Media service providers, including press and audiovisual, who must comply with new rules on editorial independence, transparency and audience measurement.
  • Very large online platforms and search engines, which must handle media complaints with priority and explain content restrictions.
  • National regulatory authorities, which must be given adequate resources and powers to apply the regulation.
  • Member States, which must ensure prominence of general interest media, transparent state advertising and market concentration assessment.
  • Recipients of media services, who gain rights to access pluralistic content and easily identify the media service provider.

Figures and deadlines

  • Complaints by media service providers with a valid declaration must be processed within 24 hours.
  • The Board shall issue an opinion within 14 calendar days from receipt of a referral on cooperation requests.
  • Requested national authority shall inform the requesting authority within 30 calendar days about actions taken or planned.
  • The Board shall draw up an opinion within 14 calendar days from receipt of a consultation on market concentrations.
  • Article 19 shall apply from 48 months after the entry into force.
  • The Commission shall assess the implementation of Article 7 within one year after the entry into application of the Regulation.