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The media is one of the fundamental institutions of democratic societies. We all know that the role of the media is to inform citizens, to ensure respect for the values of the rule of law, and to contribute to the formation of free and responsible public opinion. In this context, protecting editorial independence, pluralism, and unrestricted access to information becomes an essential condition for the proper functioning of democracy. Aware of the challenges posed by the digital age and the concentration of media power in the hands of global players, the European Union has decided to adopt a common legislative framework by implementing the European Media Freedom Act (EMFA). This regulation, which entered into force on the 8th of August, marks a turning point in the regulation of the media environment at the European level. The regulation explicitly states that information is a public good and that access to a free, pluralistic, and independent press is not only an individual right but also an essential condition for maintaining democratic balance throughout the European Union.
Technological developments over the past two decades have radically changed the way information is produced, distributed, and consumed by citizens. Editorial digitization has enabled content diversification and cross-border access to information, while globalization has fostered the emergence of numerous information distribution platforms with extraordinary power and unprecedented influence. Social networks, streaming services, and large digital platforms have become indispensable players in the process of transmitting information, interposing themselves between content producers and the general public.
We can say without hesitation that this evolution of digitalisation has had both positive and negative effects. On the one hand, citizens benefit from a wider range of instantly accessible sources of information, which in theory should promote pluralism and democratise access to knowledge. On the other hand, the growing power of global platforms has created new vulnerabilities: algorithms for distributing information posts can filter and prioritize information in an opaque way, generating “information bubbles” and encouraging the spread of misinformation. In addition, a large part of the advertising revenue that used to be the main source of funding for traditional media has shifted to these platforms, jeopardizing the economic sustainability of many media institutions.
In these circumstances, the European Commission considered that joint action was needed at EU level, despite the fact that press regulation is traditionally a national competence. The legal basis for the European Regulation on media freedom is Article 114 of the Treaty on the Functioning of the European Union, which allows for the adoption of measures to harmonize the rules applicable to the internal market.
Scope of the regulation and adoption process
The European regulation on media freedom applies to all media service providers, regardless of their legal nature or form of organization, from television stations, radio stations, print publications, digital platforms, on-demand audiovisual services, or podcasts. In addition, the regulation extends its scope to online video-sharing platforms and large digital platforms, even if they do not have direct editorial responsibility. The argument is that, through the way they organize and distribute video content, these platforms exert a decisive influence on the visibility of certain news and information and on the formation of public opinion.
The regulation was officially presented by the European Commission three years ago (on September 16, 2022), following an extensive public consultation process involving media organizations, journalists, public institutions, and non-governmental organizations at the European Union level. After more than a year and a half of negotiations between European institutions and member states, the legislation was adopted in its final form on the 26th of March 2024. Its entry into force marks not only a technical stage of legislative harmonization, but also a political affirmation of the European Union’s commitment to press freedom.
Main objectives of the EMFA
The central aim of the regulation is to create an integrated media market based on respect for freedom of expression, editorial independence, and pluralism. The specific objectives of the EMFA are: preventing excessive concentration of media ownership, limiting the risk of political or economic interference in editorial content, combating disinformation and information manipulation, protecting journalists and their sources of information, and ensuring fair operating conditions in the European media market.
Main provisions of the EMFA
One of the most important provisions of the EMFA is transparency of ownership. Starting this month, all media outlets are required to publicly disclose who their owners are and which individuals or entities have significant control over editorial decisions. Media outlets must also disclose information about their sources of funding, with a focus on any funds coming from the state budget or public advertising. To this end, each Member State is responsible for creating a national database accessible to the general public. This provision aims to eliminate suspicions about the hidden influence of interest groups (whether economic or political) on the press and to strengthen citizens’ trust in the media. However, practical implementation may be complicated in the case of transnational ownership structures or investment funds, where the identification of the actual beneficiaries is not always entirely transparent.
The regulation provides protection for editorial independence. The adoption of EMFA establishes strict guarantees to ensure that editorial decisions are not influenced from outside. Thus, control mechanisms such as internal and external audits are provided for, and sanctions (extremely high in financial terms) are established for cases of content manipulation. We can consider the impact of this provision to be significant, as it strengthens the autonomy of journalists and ensures a climate conducive to their freedom of expression. However, the effectiveness of editorial independence depends on the political will of Member States and the real independence of national regulatory authorities.
The third provision of the EMFA is the standardization of audience measurement. The regulation harmonizes audience measurement practices in traditional and digital media, and audience measurement systems must be transparent, objective, and verifiable. This measure aims to create a more equitable market, as advertising revenues are largely based on audience data. However, the challenge lies in adapting standards to the digital environment, where algorithms and metrics differ from traditional ones.
With regard to state advertising, governments and public authorities are required to distribute advertising transparently and according to objective criteria, thus avoiding the transformation of this tool into a mechanism for controlling the media. It is well known that, depending on the interests of the politicians in power, advertising money is distributed subjectively to media entities that support government policy, while, in most cases, media that criticise the government do not receive any money.
That is precisely why this provision aims to reduce the risk of critical media outlets being marginalised by the lack of advertising contracts, while those that are obedient to those in government are rewarded. However, monitoring and sanctioning possible abuses remains a major challenge for EU institutions.
When discussing media freedom and credible sources of information, the protection of journalistic sources is perhaps one of the most important provisions of the EMFA that helps investigative journalists. The regulation, which came into force on the 8th of August 2025, sets minimum standards for the protection of journalists’ sources and their confidential communications. Any attempt at interception (by intelligence services or other state entities) or disclosure must be authorized by an independent court and justified by a major public interest. This provision primarily supports investigative journalism, allowing journalists to work without fear that their sources will be exposed to the general public. However, it remains a sensitive area in relation to national security interests, where states could invoke exceptional grounds to justify surveillance of journalists.
With regard to the right of users (the ultimate beneficiaries) to personalize media offerings, citizens can modify the settings of the devices and platforms through which they access information so that content is tailored to their preferences. With the adoption of the EMFA, technology providers are required to ensure the accessibility and transparency of these options. This innovation gives users greater control by reducing their dependence on algorithms imposed by platforms. However, its effectiveness depends on the level of media literacy of the public and how these settings are designed by manufacturers.
The European Media Services Committee that is being established is an independent advisory body at European Union level, composed of national regulatory authorities. This committee is responsible for coordinating the application of the regulation and monitoring compliance in all EU Member States. The European Media Services Committee promotes the exchange of best practices and ensures legislative consistency. Unfortunately, the lack of direct powers to sanction those who violate the regulation may limit the committee’s effectiveness.
The regulation allows Member States to introduce additional regulations, provided that they are compatible with the EMFA and European Union law. This flexibility allows for adaptation to national specificities and the needs of civil society. At the same time, it can lead to a degree of regulatory fragmentation, which could affect the uniform functioning of the internal market.
The European Media Freedom Act complements other European legislative instruments already in force that regulate the media sector: The Audiovisual Media Services Directive (AVMSD, 2018), which guarantees the independence of regulatory authorities and sets standards for impartiality and transparency in media content. The Copyright Directive (2019), which introduces related rights to protect the press from online aggregators. European competition rules aim to prevent monopolies, but do not directly regulate the impact of mergers on pluralism. The Digital Services Act (DSA, 2023) requires platforms to remove illegal content and adopt codes of practice against disinformation. The European Anti-SLAPP Directive (2024) protects journalists and human rights defenders against abusive lawsuits aimed at silencing critical voices.
The adoption of the European Media Freedom Act (EMFA) represents a crucial step towards strengthening democracy at the European Union level. At a time when the press is facing unprecedented economic, political, and technological pressures, this regulatory framework reaffirms that freedom of expression and media pluralism are fundamental values that must be protected by clear and consistent legal mechanisms.
However, the effectiveness of the European Media Freedom Regulation depends largely on its practical application at the level of each Member State. In countries where the public or private media is vulnerable to political or economic influences, the transposition and enforcement of these rules will be a real challenge for everyone, from politicians to ordinary citizens. Also, the relationship with big digital platforms will keep being a source of tension, since they have way more financial and technological power than traditional media institutions. In the long term, the success of the EMFA will be measured not only by the existence of common rules, but by their ability to guarantee European citizens access to accurate, diverse, and independent information. If its objectives are achieved, the regulation could become an international model for protecting press freedom in a globalized and digitized environment.