The European Media Freedom Act (EMFA) was approved in 2024. While some regulations took effect then, the majority come into force today, with a phased approach set to be fully applicable by 2027.
A member of the Regulatory Board of the Media Regulatory Authority (ERC) highlights the alignment of national laws with many provisions of the EMFA and notes areas where national legislation extends further.
“With the implementation of this regulation, I believe it’s fair to emphasize that for the first time, there is European Union-level legislation that regulates or harmonizes the rules applicable to the independence and pluralism of the media,” says Carla Martins.
Before this regulation, these topics were solely the responsibility of member states, leading to legal challenges at the European Court of Justice, which remain unresolved, Martins adds.
The ERC advisor underscores the contentious nature of European-wide regulation on media operations within member states.
The push for this legislation stems from an EU-wide diagnosis indicating a consistent annual decline in media independence, vulnerability to political and economic influence, and risks from non-EU countries, Martins elaborates.
Concerns over third-party interference with EU media independence, through propaganda and misinformation, are prevalent, she points out.
This issue is a significant concern at the European policy level, with EU instruments documenting the deterioration of press freedom conditions, notably the media pluralism monitor and the European Commission’s rule of law report, Martins notes.
Initially, the regulation led to the creation of a new independent advisory body in the EU: the Committee for Media Services.
“One of the first norms enacted was replacing an old European Commission advisory body,” establishing the new, independently-consultative entity, with all 27 member states having representation, including the ERC, in its governing body.
A framework of important norms is now coming into effect to harmonize rules for media markets in member states, focusing on media independence, pluralism, journalist rights, and source protection, she summarizes.
“From a legal standpoint, regulations don’t require transposition into a member state’s legal system. These norms automatically take effect, allowing any person or entity to seek regulation application within national law,” she explains.
The ERC reviewed how national media legislation aligns with EMFA provisions, concluding their alignment with the European regulation.
“It’s true that the national legal framework aligns with EMFA in many aspects. It even goes beyond EMFA because our constitutional and legal framework robustly protects media independence and pluralism,” explains the ERC advisor.
The Constitution, for instance, ensures Public Service Media (SPM) protection.
EMFA aims to protect media independence, safeguard journalists’ autonomy, ensure SPM operational independence, and secure necessary funding, she outlines.
“By examining the obligations outlined in European regulation, we see Portuguese law already protecting these values,” and that it’s well-aligned with EMFA.
There are areas where Portugal leads European counterparts, having legislation to ensure media transparency, ownership, management, and funding transparency, now becoming new provisions for several countries aligning with EMFA specifications.
Another area in which Portugal excels is regarding state institutional advertising, governed by decade-old transparency laws, which is another critical EMFA provision.
The competition law also mandates ERC consultation for concentration operations.
“Many European countries lack such provision, but Portugal proactively addresses regulatory aspects of media concentration, impacting media independence and pluralism,” she explains.
Carla Martins notes the potential for law improvements, acknowledging an overall alignment of national law with EMFA.
