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

On the proposal for a directive 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-PA-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 draft opinion on the proposed European Media Freedom Act, which sets a common framework for media services in the internal market. The rapporteur proposes amendments to protect journalistic sources, ban spyware against journalists, and require court authorisation for such measures. The amendments also cover public service media funding, an independent European Board for Media Services, and rules for very large online platforms and search engines. They address media market concentration assessments, state advertising limits, and user rights to customise audiovisual media offers.

Committee position. The LIBE rapporteur proposes amendments to strengthen the European Media Freedom Act, focusing on protecting journalistic sources, banning spyware, ensuring public service media independence, and regulating online platforms and state advertising.

Key points

  1. The draft opinion calls for a common European solution to protect media freedom and pluralism, as challenges exist across the Union.
  2. It proposes amendments to strengthen the proposal, reinforcing the space for media and enabling citizens to exercise civil rights.
  3. It demands a clear ban on spyware and surveillance technologies against journalists, media companies, their families and professional networks, with measures only ordered by a judge for overriding public interest.
  4. It requires adequate and predictable funding for public service media through fair, proportionate and transparent procedures, and independent management boards.
  5. It supports transforming ERGA into an independent European Board for Media Services, assisted by self-regulatory bodies and journalistic associations, to coordinate national regulators and counter foreign interference.
  6. It calls for a fair level-playing field with online players: journalistic content should not be suspended without prior notification, and a self-declaration system should identify media service providers.
  7. It requires independent assessment of media market concentrations that affect editorial independence and media pluralism, considering the online sphere and reports like the Media Pluralism Monitor.
  8. It demands transparent, proportionate, fair and impartial allocation of state advertising and emergency message funding, with a 20% cap per media service provider.
  9. It proposes amendments to definitions, including for news and current affairs, editor-in-chief, online platform, online search engine, and state advertising.
  10. It amends Article 4 to prohibit obliging media service providers to disclose sources unless justified by overriding public interest, and to ban accessing encrypted communications.
  11. It requires Member States to ensure national regulatory authorities have adequate resources and autonomy, and to organise annual consultations with media stakeholders.
  12. It tasks the Board with assessing media freedom annually, issuing opinions on national measures affecting the internal market, and establishing a European Repository of State Advertising.

Who is affected

  • Journalists and media service providers: protection against source disclosure and spyware, and safeguards for editorial independence.
  • Public service media: requirements for independent and impartial information, and predictable funding.
  • Very large online platforms and search engines: obligations on content suspension, self-declaration, and cooperation against foreign media threats.
  • National regulatory authorities: tasks to monitor compliance, consult stakeholders, and provide data to the Board.
  • Media market players: concentration assessments and state advertising allocation rules.

Figures and deadlines

  • 20% of the total budget allocated to state advertising by a public authority to a single media service provider.
  • 15% of capital for shareholdings of direct or indirect owners to be disclosed.
  • Three months for an independent authority to issue an opinion on compliance with Article 4(2).
  • 14 calendar days for the Board to issue an opinion on a referral.
  • Two years term of office for the Chair and Vice-Chairs of the Board.