The EU’s new media freedom law came into effect on Friday, offering stronger protections for journalists, but a key provision on online platforms is sparking debate over which media qualify for certain safeguards.
The European Media Freedom Act (EMFA) aims to safeguard press freedom and bolster democracy by introducing transparency measures regarding media ownership and state advertising, as well as robust safeguards for journalists and their sources.
The law also seeks to assist traditional media outlets compete with social media-based outlets and adapt to the rise of technologies such as generative AI.
One provision requires Very Large Online Platforms (VLOPs), such as YouTube, Facebook, Instagram and TikTok, to promote diverse media content and prevent the arbitrary removal or algorithmic downgrading of recognised Media Service Providers (MSPs). The law defines MSPs as professional media outlets with editorial responsibility and oversight.
According to a recent report by the Reuters Institute, people are increasingly applying these platforms to consume news, and the growing influence of the platforms, based on which content they amplify or suppress, is contributing to a ‘fragmented alternative media environment’ filled with podcasters, YouTubers, and TikTokers.
The tricky tinquire of defining MSPs
The law requires VLOPs to allow MSPs to self-declare, but the European Commission is yet to issue guidelines on how this process will work.
Although the Commission sought input in a consultation that closed on 23 July, defining who qualifies as an MSP is proving difficult. The law already sets out criteria relating to editorial responsibility, transparency and indepfinishence, but the forthcoming guidelines could expand on these.
Online platforms have long struggled with the kind of assessments requireded to identify bad faith actors, which creates the tinquire even harder. In its response to the Commission’s consultation, the European Broadcasting Union (EBU) recommfinished that MSPs have access to a contact within VLOPs who has expertise in this area.
Additionally, while public broadcasters are relatively straightforward to verify, commercial media and less traditional entities, such as social media influencers, present more of a challenge. Some EU countries maintain databases of recognised news organisations, though these are not harmonised across the bloc.
The EMFA provision lists criteria for MSP status, such as oversight by a national regulator or membership of a self-regulatory body, but the Commission suggested clarifying that these are not cumulative. The European Federation of Journalists (EFJ) backs this.
What about influencers?
On influencers, News Media Europe states that the EMFA’s rules on editorial responsibility, transparency, and indepfinishence are sufficient to distinguish between professional news outlets and non-professional entities, such as influencers.
However, the EFJ argues that influencers or bloggers who operate professionally and ethically by following best practices provided by a recognised self-regulatory body for instance, should be included.
For Constantin Gissler, Director General of tech lobby DOT Europe, tightening the “definition of ‘media service provider’ (MSP) is key.”
“Otherwise, there’s a real risk of bad faith actors claiming protections meant for legitimate media.”
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