In the upcoming days, the European Parliament (EP) is to debate ways to establish appropriate oversight of online media to protect media pluralism and halt any arbitrary removal and censorship of European media content online.

The European Commission first recommended introducing the European Media Freedom Act (EMFA) in September 2022. Apart from safeguarding independent work and media pluralism, it aims to prevent any political influence on editorial decisions, use spyware against the media, guarantee that state advertising is transparent and non-discriminatory, and regulate media market concentrations.

The EMFA would enable journalists to halt the removal or limiting of their content online within the first 24 hours by reaching out to national regulators and platforms, as long as it falls in line with the principles of the Digital Services Act (DSA).

The 24-hour window, however, was deemed a 'dangerous loophole' by Club de Madrid, the Computer & Communications Industry Association (CCIA Europe), and the European Digital Right (EDRi). Club de Madrid, in an advocacy letter on Article 17 of the EMFA, expressed their concern that certain propaganda and false information could be rendered legitimate. Whereas CCIA urges for a clear definition of the term 'media service provider'.

Why does it matter?

EMFA could also represent a powerful tool to regulate the use of spyware against the media and the unlawful revealing of the sources. The EP is to agree on the text of the legislation on 4 October. At the same time, several non-governmental organisations raised their concerns claiming that provisions such as Article 4 may pose a threat to freedom of expression and the press.