The final green light on the new EU regulation for the protection of journalists and media from political and economic interventions was given by the European Parliament on Wednesday.
The new regulation, approved with 464 votes in favour, 92 against, and 65 abstentions, stipulates that member states are obliged to protect the independence of the media and that all forms of intervention in editorial decisions will be prohibited.
Protection of journalists’ work
The new rules prohibit authorities from pressuring journalists and editors to disclose their sources, for example through personal detention, imposing sanctions, conducting raids on their offices, or installing intrusive monitoring software on their electronic devices.
The Parliament secured significant safeguards regarding the use of surveillance software, which will now be allowed only on a case-by-case basis and only with permission from a judicial authority investigating serious crimes punishable by imprisonment.
Even in these cases, those under surveillance must be informed about the ongoing monitoring and have the right to appeal to the courts.
Editorial independence of public media
To prevent public media from being used for political purposes, presidents and members of their boards of directors must be selected through transparent and impartial procedures and for sufficiently long terms.
Their dismissal before the end of their contract will not be allowed unless they no longer meet professional criteria.
Public media must be funded in a transparent and objective manner, and their funding must be sustainable and predictable.
Transparency regarding media ownership
To enable the public to know who controls the media and what interests may influence their reporting, all media covering news and current affairs topics must publish information about their owners in a national database, even if they are directly or indirectly owned by the state. This rule applies to all media, regardless of their size.
Fair distribution of state advertising
In the future, all media must disclose their revenues from state advertising and state funding, including money from countries outside the EU. Any public funding for media or online platforms must be based on public, proportional, and impartial criteria.
Detailed information must also be published about where the state advertising of each EU country is directed, including the total annual amount and the amount allocated to each media outlet.
Protection of media freedom in the EU from major platforms
MEPs ensured that a mechanism would be included to prevent very large online platforms, such as Facebook, X (formerly Twitter), and Instagram, from arbitrarily restricting or deleting content originating from independent media. In the initial stage, platforms must distinguish which media are independent and which are not.
Each time a platform intends to delete or restrict the content of a media outlet, the outlet must be notified and given the opportunity to respond within 24 hours.
Only after it responds, or if it does not respond within this time frame, may the platform delete or restrict the content if it still does not meet the criteria.
Media outlets will be able to appeal to an out-of-court dispute resolution body and seek opinions from the European Council on Media Services. This is a new body established under the media freedom regulation in which the regulatory authorities of the member states will participate.
Statements
“The importance of media pluralism for a functioning democracy cannot be overstated,” said Sabine Verheyen (EPP, Germany), rapporteur for the Committee on Culture and Education.
“Press freedom is threatened worldwide, including in Europe: the murder in Malta, threats to press freedom in Hungary, and many other examples clearly demonstrate this. The European legislative act on media freedom is our response to this threat and is a milestone in European legislation. It takes into account and protects the dual role of the media as businesses and as guardians of democracy,” she concluded.
Ramona Strugariu (Renew, Romania), rapporteur for the Committee on Civil Liberties, stated: “Journalists now have an ally, a set of tools that protects them, enhances their independence, and helps them face the challenges, interventions, and pressures they often encounter in their work. This regulation is a response to Orbán, Fico, Janša, Putin, and those who want to turn the media into their propaganda tools or spread false news and destabilize our democracies. No journalist should ever fear any pressure when doing their job and informing citizens.”