Explaining the EMFA with the European Audiovisual Observatory
The Council of Europe’s European Audiovisual Observatory (EAO) published a report analysing the European Media Freedom Act (EMFA) ahead of the entry into force of several articles in February 2025. The report highlights both the weaknesses and the strengths of the EMFA, whose application could vary depending on the will of national governments. Although the EMFA has many loopholes, it is the first legal document capable of protecting media freedom and the work of journalists in general.
Published in December 2024, the report is divided into 3 main sections: “Legal basis and (ongoing) controversy”, “The EMFA in a nutshell”, and “The scope of EMFA in more detail”.
The authors first outline the legal basis of the Act and the controversies surrounding it. The EMFA was built around the Single Market clause, which in theory allows the EU to intervene in matters relating to the single market. However, given that the subject of the EMFA is both economic and cultural, the scope for EU intervention is limited.
Other criticisms made by various actors (States, industry academia) regarding the division of powers include a lack of flexibility, too much influence given to the Commission, a principle-based wording, and doubts about the effectiveness of the regulation. The Court of Justice of the EU will certainly have to rule on its actual scope in the future, given the criticisms voiced by certain Member States.
The rest of the report analyses the content and the scope of the EMFA. The authors selected the main articles likely to affect the various players of the media sector. The main objective of the EMFA is to improve the freedom of news media in Europe: it mainly covers the rights of media users, journalists, media service providers, and online platforms.
Finally, the institutional framework of the Act is also explained with graphics representing the functions of the Board, the national regulatory authorities, the Member States and the European Commission.
The EFJ made a summary of the report’s main points, uncovering the way the EMFA might affect the news sector in the future. It can be read here.
