Today, the European Parliament passed the European Media Freedom Act (EMFA) by an overwhelming majority (464 in favour, 92 against, 65 abstentions). The EMFA will be in full effect 15 months after entering into force.EMFA represents a significant step forward, laying down minimum standards for member states, national media authorities, self-regulatory bodies, and editorial staff to combat threats to media freedom, such as media capture, lack of transparency, underfunded public service media and surveillance, to name a few.

Media freedom and pluralism are a cornerstone of democracy, the rule of law, and fundamental rights. Media freedom incorporates the right of access to information and freedom of expression and it helps hold people in power accountable without fear of censorship or reprisal. It is a vital beacon of truth within the democratic electoral process, empowering individuals with the knowledge they need to make informed decisions when they cast their votes.

Protecting media freedom is therefore vital to protecting democracy, and the European Union has taken a significant step towards ensuring its media landscape is free, plural, and well-regulated.

The European Media Freedom Act also recognises the media's changed – and still ever-changing – landscape. Digitalization has brought increased use of social media, targeted content, and swollen the power of big platforms, thereby creating challenges to media freedom. While the internet has democratized access to information and enabled citizen journalism, it has also facilitated the spread of misinformation and disinformation. Social media platforms, in particular, have become the gatekeepers for information distribution and an easy tool for disseminating disinformation, propaganda, and hate speech. These tendencies, along with the decline of the rule of law in many EU countries, are starting to undermine public trust in traditional media sources and democratic institutions.

That being said, the final compromise version is a step back from the European Parliament's original version. As adopted, EMFA only lays down very minimum standards, and member states should establish more robust safeguards to protect media freedom, pluralism, and journalists' rights. Nor will EMFA, in its current form, solve deep systemic problems in Member States where media pluralism is already under threat, journalists are not protected or are even surveilled, and media authorities are biased. Instead, EMFA sets down the principles and minimum standards to enable member states to start addressing threats.

• One of the key areas where member states should enhance their efforts is in protecting journalistic sources and regulating spyware usage. While Article 4 of EMFA provides some guidelines, it falls short of the standards set by the European Court of Human Rights and the Court of Justice of the EU. Member States must, therefore, enact stricter regulations to ensure the protection of sources and to limit the use of spyware to only the most exceptional circumstances.

• Additionally, greater transparency in media ownership and editorial independence is essential for fostering a diverse and trustworthy media landscape. Even if it is not mandatory according to EMFA, beneficial ownership databases, including their links to political actors at national and EU levels, are crucial to safeguard against consolidation and monopolization of media ownership.

• Member States should implement measures to ensure that public service media has adequate financial resources and operate independently of political or corporate influence.

• Similarly, clearly defined boundaries must be established to prevent undue interference in editorial decisions by media owners, including the protection against political influence.

• Furthermore, the independence of media regulators is paramount in upholding media freedom. Member states must strengthen safeguards to protect regulators from political interference, ensuring their autonomy and impartiality.

• State advertising funds should also be distributed transparently and fairly, without discrimination.

• Media privilege rules mandate that Very Large Online Platforms, such as X or Meta treat media outlets distinct from other content services, causing a potential clash with the Digital Services Act. In countries where the media system is captured by the government and public service media is used for government propaganda, the potential for the amplification of disinformation could intensify under the self-declaration regime in Article 17.

Despite its shortcomings, EMFA is a leap forward in building a stronger, more plural media sector across the EU, with a strong EU Board and proper enforcement mechanism. EU bodies, national governments, independent media authorities, civil society and, most notably, journalists and editorial staff must work together to ensure that EMFA's provisions are effectively applied, strengthening media freedom and pluralism across the EU.

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