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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 Establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU

LIBE-AD-746757

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Ramona Strugariu

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The Committee on Civil Liberties, Justice and Home Affairs gives its opinion on the proposed European Media Freedom Act, which sets a common framework for media services in the internal market. It proposes amendments to protect journalistic sources, ban spyware and surveillance technologies against journalists, and require judicial authorisation for exceptional measures. It seeks safeguards for public service media funding and governance, transparency of media ownership and state advertising, and rules on media market concentrations. It would turn the European Regulators Group for Audiovisual Media Services into an independent European Board for Media Services, with a Non-Audiovisual Media Expert Group. It adds rules for very large online platforms on content suspension, self-declaration by media service providers, audience measurement and user customisation of media offers.

Committee position. The committee proposes amendments to strengthen the proposed regulation, notably by reinforcing protection of journalistic sources, banning spyware against journalists, safeguarding public service media independence and funding, and increasing transparency of media ownership and state advertising.

Key points

  1. The opinion calls for legally binding protection of journalistic sources and communications across the Union, building on Council of Europe and European Court of Human Rights standards.
  2. It bans the deployment of spyware or surveillance technologies against media service providers, their families, employees and professional networks, except under strict conditions ordered by a judge.
  3. It requires public service media to be editorially independent, with transparent appointment of management, terms of at least four years, and sustainable multi-year funding.
  4. It requires media service providers to disclose ownership, advertisers, sponsors, donors and political advertising, and to maintain a national media ownership database.
  5. It requires state advertising and other public financial support to be allocated under transparent, objective, proportionate and non-discriminatory criteria, with a 15% cap per provider.
  6. It requires Member States to assess media market concentrations for their impact on media pluralism and editorial independence, including existing concentrations.
  7. It transforms the European Regulators Group for Audiovisual Media Services into an independent European Board for Media Services with its own secretariat and a Non-Audiovisual Media Expert Group.
  8. It requires very large online platforms to notify media service providers before suspending content, to process their complaints with priority, and to offer a self-declaration functionality.
  9. It requires audience measurement systems to comply with transparency, impartiality, inclusiveness, proportionality, non-discrimination, comparability and verifiability principles.
  10. It gives users the right to customise the default layout of devices and user interfaces and to identify the media service provider behind content.
  11. It sets rules for media service providers established, funded or owned by state and non-state actors from outside the Union that pose risks to public security, defence or public health.
  12. It requires the Commission to monitor the internal media market, including state advertising, public subsidies and the independence of national regulatory authorities.

Who is affected

  • Media service providers, including freelancers and independent journalists, gain protections and face transparency and self-regulatory duties.
  • Journalists and media workers gain protection against source disclosure, surveillance and spyware.
  • Public service media must be editorially independent and receive sustainable, predictable funding.
  • Very large online platforms and search engines must notify before content suspension and prioritise media complaints.
  • National regulatory authorities gain independence guarantees, new tasks and must maintain media ownership and state funding databases.

Figures and deadlines

  • Shareholdings of at least 15% of capital trigger disclosure of direct or indirect owners.
  • Advertisers, sponsors or donors contributing 10% or more of annual turnover must be named.
  • State advertising to a single provider shall not exceed 15% of the total budget allocated to all media service providers.
  • Term of office of public service media management must be at least four years.
  • Media service providers must inform regulators within 30 days of any ownership change.
  • Requested authorities must provide intermediary results within 14 calendar days.
  • Media service providers have 24 hours to reply to a platform's statement of reasons before suspension takes effect.
  • Provisions on independent media authorities, the Board and amendments to Directive 2010/13/EU apply 3 months after entry into force; other provisions apply 6 months after.