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Adopted text

European Media Freedom Act

TA-9-2023-0336 · P9_TA(2023)0336 · PE746.655

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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 proposed European Media Freedom Act sets common rules for the internal market for media services and minimum standards on media freedom and pluralism. It requires Member States to protect editorial independence, safeguard journalistic sources and communications, and guarantee the independence of public service media. It introduces transparency duties for media ownership and state advertising, rules on media market concentrations, audience measurement and the right to customise audiovisual offers. It creates a European Board for Media Services, an Expert Group and a European Database of Media Ownership, and sets rules for very large online platforms' treatment of media content.

Key points

  1. Member States must ensure recipients have access to a plurality of editorially independent media services and establish framework conditions to safeguard media pluralism.
  2. Media service providers may exercise their economic activities in the internal market without restrictions other than those allowed under Union law.
  3. The Union, Member States and private entities must respect editorial freedom and must not interfere in editorial decisions, oblige disclosure of sources, or detain, sanction, search or inspect media providers over source protection.
  4. Surveillance measures and spyware against media providers, their employees or families are banned, with narrow derogations for serious crimes subject to judicial authorisation and review.
  5. Member States must ensure public service media have full autonomy and independence, transparent appointment procedures, adequate multiannual funding and independent monitoring.
  6. Media service providers must make ownership, editorial responsibility and state advertising information publicly accessible and submit it to national media ownership databases.
  7. Persons holding prominent public functions such as heads of State, heads of government or ministers must not be beneficial owners of press publications or audiovisual media services and must terminate such relationships within 60 days.
  8. National regulatory authorities or bodies must be legally distinct from government, functionally independent, adequately resourced and given access to information needed for their tasks.
  9. A European Board for Media Services is established as an independent Union body with legal personality, a separate secretariat, an Expert Group and a European Database of Media Ownership.
  10. National authorities must assess media market concentrations that could affect media pluralism and editorial independence, with the Board issuing opinions within 14 calendar days.
  11. Very large online platforms must provide a declaration functionality for media service providers, process their complaints with priority and within 24 hours, and engage in consultation over restrictions.
  12. Public funds for state advertising and purchases must be allocated on transparent, objective, proportionate and non-discriminatory criteria, with a 15% cap per provider and annual public reporting.

Who is affected

  • Media service providers, including press, audiovisual and online media, must meet transparency, ownership and editorial independence requirements.
  • Very large online platforms and search engines must handle media content declarations, complaints and restrictions under new rules.
  • Member States must establish independent regulators, ownership databases and assessment procedures for media market concentrations.
  • Public service media providers must be given autonomy, independent governance and adequate multiannual funding.
  • Journalists, editors, editors-in-chief and media workers gain protections against surveillance, source disclosure and interference.

Figures and deadlines

  • 60 days after becoming a politically exposed person to terminate business relationships with media service providers.
  • 15% maximum share of a public authority's total advertising budget allocated to a single media service provider.
  • 24 hours after submission for very large online platforms to process and decide on complaints by recognised media service providers.
  • 14 calendar days from receipt of consultation for the Board to draw up an opinion on a media market concentration.
  • 30 calendar days from receipt of the Board's opinion for a national authority to justify not following it.
  • 30 days for media service providers to submit updated ownership information to national databases after a change.
  • 3 months after entry into force for Articles 7 to 12 and 27 to apply; 6 months for all other provisions.
  • 24 months after entry into force for Article 19 to apply.

Legal basis: Article 167(4) of the Treaty on the Functioning of the European Union