Article 18 of the European Media Freedom Act (EMFA) and the ‘media privilege’ it establishes have sparked extensive debate. Experts will examine the practical challenges of defining media editorial independence, as well as the risks associated with self-declaration, including potential abuse and the necessity for independent oversight. The discussion will also explore concerns about transparency and the need to prevent discretionary enforcement by platforms.
This EMFA Talk will examine the implementation of Article 18 of the EMFA and its potential impact on the relationship between media service providers (MSPs) and Very Large Online Platforms (VLOPs). The provision establishes a self-declaration mechanism for MSPs, allowing them to notify VLOPs of their editorial responsibility and regulatory compliance. VLOPs, in turn, are required to assess and acknowledge these declarations, which trigger specific obligations regarding the suspension and restriction of media content, supplementing the content moderation framework set by the Digital Services Act (DSA).
At its core, this provision upholds a normative principle recognising the special role of media in shaping public opinion (Nenadic and Brogi, 2023). In an increasingly polarized public discourse where the media are continuously under attack, these obligations are becoming more crucial in safeguarding the media, as well as preserving their authority and ensuring their long-term sustainability. And yet, Article 18 has sparked a heated debate, and its application remains fraught with uncertainties (Brogi et al., 2023). Some have problematized the concept of media privilege (Tambini, 2021) and criticized the EMFA’s definition of “media services” as too narrow and inconsistent with international human rights standards, excluding various forms of journalism from its protections (Barata, 2022). Others, instead, have focused on the challenges of its enforcement and the related compliance issues (Cesarini et al., 2023; van Drunen et al., 2024). While the final version of the article has alleviated many concerns, doubts persist regarding the constitutional legitimacy of this media privilege and the risk of granting this to disinformation purveyors (Monti, 2024). The discussion will explore, amongst other things, the criteria used to define ‘media service providers’ and ‘editorial independence’, the challenges of ensuring timely and fair content moderation, the risk of creating a fragmented media privilege regime, and the effectiveness of the dialogue between MSPs and VLOPs.
This EMFA discussion will feature one presentation from Audrius Perkauskas, Deputy Head of Unit, Audiovisual and Media at European Commission DG CONNECT, with commentary from Damian Tambini, Senior Lecturer at the London School of Economics, Carlos Echevarria, Coordinator for Public Policy at Maldita.es, and Renate Schroeder, Director of the European Federation of Journalists. Sofia Verza, Research Associate at the CMPF, will moderate the discussion.