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The public interest in Article 4 of the European Media Freedom Act: an open door for surveillance?

Across Europe, there are concerns surrounding the state of media freedom and the democratic decline that we have witnessed, with journalists facing a hostile environment, including threatening legal tactics, the rise of Strategic Lawsuits...

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With Big Tech being the gatekeepers of information and with AI, GenAI, chatbots accelerating, visibility, authority and viability of journalism is ever more at stake.

With algorithms prioritising disinformation, toxic news, emotions and lies, with politicians lying bluntly and using smear campaigns against journalists in autocratic manners to silence their watchdog function, the space for honest journalism is shrinking. We watch the rise of the creator economy and the shift of audience trust away from institutions (and traditional media) toward individuals. At the same time, there is a growing demand for independent journalism that is both accessible and appealing to audiences at every level: local, regional, national, and European.

The recent elections in Hungary and the defeat of Victor Orbán have all shown us that even within an almost fully captured media landscape, the Hungarian independent press played a significant role. Since 2010, in a media environment largely dominated by the government, it has tirelessly fought to offer the “best available version of the truth,” to deconstruct the official “alternative reality,” and to defend freedoms and the rule of law. These media have mainly been financed through community building, grants, micro-donations and subscriptions.

Journalism is vital, journalism matters and it is under siege, both from within and without. It will always survive. The question is whether it thrives as a niche or as a force for the many, and in what form, and under whose control?

Who deserves journalistic protection including protection of sources, a press card, a membership to a journalists’ organization, access to official documents, access to the parliament, a journalistic or media privilege, a sort of visibility, findability or prominence on online platforms.

There are many new alternative media actors, so called influencers, news content creators, citizen journalists, trolls and now AI chatbots. Needless to say, the professional and creator worlds are converging, and it means we need more discussion about the need for regulation, standards, training, and other approaches to build trust, but also create new business models. And that’s why journalists’ organisations all are starting the discussion, of course with different speed and outcome.

In the following, I will outline the results of a survey the EFJ has conducted recently with its affiliates on the question of who should be a member of a journalists’ union or association. I will then refer to some recent studies regarding recent trends of new and old actors and discuss the question of journalists being activists.

 

1. EFJ Survey

In its latest Digital News Report, the Reuters Institute highlights how news creators are successfully reaching large audiences, often at the expense of traditional media, including within the news sector. The Reuters Institute defines ‘news creators’ as “Individuals (or sometimes small groups of individuals) who create and distribute content primarily through social and video networks and have some impact on public debates around news and current affairs” and this definition we have used for our survey as well…

As the boundaries of the information landscape shift rapidly, and labelling proposals are currently under discussion in several countries, the EFJ sought to understand where journalists’ organisations currently stand on this development. What motivates them to exclude or accept news creators within their membership? And what challenges and opportunities do they pose for organisations representing journalists and media workers across Europe? The survey was answered by 26 EFJ affiliates from 22 European countries in November 2025. Results show that the journalists’ organisations are almost equally divided into three groups:

  • One-third (9 members) have not adopted a clear policy yet and say the issue is under discussion;
  •  One-third (8 members) already accept news creators under certain conditions: if they meet the basic professional criteria of a journalist, i.e. engage in journalistic work, create socially significant content, make a living out of their journalistic activities, do not carry out any commercial activity, and/or adhere to ethical principles;
  •  One-third (8 members) do not consider news creators to be journalists or media workers and therefore do not accept them as members.

While the type of organisation (union or association) does not appear to influence responses, the main reasons for not accepting news creators as members are primarily statutory. In some countries, such as Belgium or Finland, either statutes of journalists’ organisations or national legislation require members to meet specific criteria, including holding a national press card, demonstrating that the majority of their income comes from journalism, banning any form of commercial activity, or adhering to ethical standards. Most news creators currently do not meet these requirements.

Responses highlight the challenge for organisations of taking a clear stance on a highly heterogeneous group, characterised by diverse profiles and uneven content quality. Internal discussions focus around the definition and criteria for membership: if journalists’ organisations were to open their doors, what standards – such as content quality, societal impact or adherence to ethical principles – should determine their eligibility? Should journalists’ organisations provide the space for exchange between news creators and traditional journalists on audience engagement or ethics for instance? Or do we consider that non-professional news content creation should remain outside the journalistic profession because of the ethical shortcomings in some of the news content produced?

Some organisations have chosen to embrace news creators as a new category of members driven by the need to reflect the ongoing changes within the profession. In Serbia for example, students have independently produced and published news across various online platforms since the anti-corruption protests over the tragic collapse of the Novi Sad canopy on 1 November 2024. While these outlets are not always traditional or formally registered media, the Independent Journalists’ Association of Serbia (NUNS) decided to prioritise whether they serve the public interest over their registration status.

A similar approach was taken by the National Union of Journalists of Ukraine (NUJU) and the Dutch journalists’ union (NVJ) which accept influencers and bloggers provided that they are responsible independent media content producers and follow ethical standards.

For this discussion, I talked to the General Secretary of the Dutch Union of Journalists, the NVJ, Thomas Bruning and he told me the following:

In the Netherlands, the NVJ opened its membership to the new actors a few years ago, they call them news-fluencers. While some have controversial editorial positions, their role and influence cannot be ignored. The NVJ does not judge the political positions of journalists, but will protect their rights so long as they commit to the ethical rules. The question of independence is the NVJ’s most important criteria. If journalists can demonstrate they are operating independently and are not fronts for hidden interests, the NVJ will bring them in. So political assignments, press speakers are not allowed, the audience must be the public. As a result, the union has substantially enhanced how it promotes ethical principles among its membership and motivates new actors to apply the NVJ Code of Ethics. The NVJ has always insisted journalism must remain an open profession. It does not define journalists, nor judge their content, but assesses them on their audience, earnings, independence and adherence to ethical rules. A pluralistic media landscape is important, and opening up to new members should also open the eyes for more traditional journalists to be more connected to the especially younger audiences and be more transparent and credible.

For example, the NVJ has helped one of the more famous news influencers of the Netherlands, Bob Scholte, a left wing news-fluencer very active on Youtube, founder of Youtube channel Left Laser to give him not only a press card but access to the Dutch Parliament. Influencers, who do not follow ethical rules, are not independent nor live from news making, are not allowed to be members of the union.

In Denmark, the Danish journalists’ union (DJ) has gone even further by organising a group of influencers and bloggers, who have their own board of directors and operate within the union. For several years, they have been developing an ethical code for news content creators and news influencers, which not only complies with Danish legislation but also sets out additional ethical standards that members are expected to follow. The code includes a graphic mark that members can use and is overseen by an independent council that handles complaints regarding breaches of the code. It is a voluntary scheme that influencers can choose to sign up to, which helps to ensure a higher level of protection for followers against inappropriate content. This means that followers, parents and partners can clearly identify, via a list on the website here, which influencers are ethically responsible and have committed to complying with the guidelines.

At the same time, they also serve as a safeguard for influencers, as they can help them navigate more safely through all the ethical and legal grey areas in this field.

The guidelines build on existing legislation and contain a number of points regarding the influencer’s ethical responsibility, esp. vis-a-vis children, as well as a number of points relating to transparency etc.

The EFJ adopted a resolution at its last Annual Meeting in Ankara on this issue. It says and I quote: “The goal is not to dilute journalism, but to ensure that the news of the future, regardless of the platform, is built on a foundation of credibility, source criticism, and accountability.

On one hand, by opening up our community, we can contribute to their professional development and support them in becoming responsible news providers who operate under the same principles of press ethics as we do. On the other hand, affiliates can choose to guard the journalistic profession and insist on highlighting the difference between traditional journalism and news creators. This approach may be used to increase respect for traditional journalism, and could possibly, if not plausibly, lead to more people using news journalism. This includes that we do not dilute the profession but, on the contrary, export our ethical DNA to the new platforms.”

 

2. Studies regarding trends and different actors under similar labels

According to a recent study by the Reuters Institute, when it comes to purely news and investigations, news content creators’ impact is currently limited, as original investigations are costly and involve potential legal risks. There are honourable exceptions such as open-source investigators and fact-checkers, but many of these are relatively closely aligned to existing journalistic standards such as fairness and accuracy.

What is growing is a sort of explanatory “journalism” where young news creators are translating the news into simpler and more compelling formats. The possibly best and most known example is in France, news influencer Hugo Travers is now editor-in-chief of the HugoDécrypte brand and employs over 20 staff to support his work.

Another growing type of news creators are building small but sustainable businesses in a range of niches such as technology, football, and finance.

One of the biggest challenges for individual news creators is burnout, driven by the pressure to keep audiences engaged and the algorithm on their side. Being a creator is a popular ambition for many young people, but few are making significant amounts of money. Starting things is often fun, but keeping them going can be a grind.

There also is a new trend of so-called legacy media trying to incorporate news content creators into their staff, to increase the audience share and attract more, especially young viewers. But there are different conclusions. While for example a recent FT Strategies report, which interviewed a number of different news creators, found that many did not accept traditional journalistic norms around objectivity and impartiality, which would make such collaborations challenging, especially around news or politics, Deutsche Welle (DW), Germany’s international public broadcaster, is actively redefining its editorial strategy by blending traditional broadcast journalism with digital news content creators to reach younger audiences. Recognizing that “people follow people, not institutions,” DW has invested heavily in developing trusted digital faces across platforms like TikTok, Instagram, and YouTube. Most of the media managers the Reuters Institute has surveyed for their annual report on media trends from the beginning of this year said they want to turn their journalists into content creators. This is a direct response to the so-called creator wave, with social-native audiences turning towards independent, individual creators, rather than news brands, for their latest news.

There are other categories, such as corporate journalism, net start-ups, NGOs producing journalism and, increasingly, established journalists who have gone freelance to set up their own podcasts or Substack. Another category called “Alternative media” usually operates at the political fringes, and are often seen as disruptors, vehicles for dangerous political movements, and sometimes fronts for harmful disinformation. Many working in this area, however, claim they provide an alternative angle on the news in response to the failings of corporate mainstream media. Should these actors be brought into the journalistic tent, or are they a Trojan horse that, given a chance, will bring down the profession from within? Many may consider themselves highly principled journalists giving voice to those ignored by the mainstream. Others, backed by hidden political interests, will abuse the openness of democracy to subvert democracy. Most of our affiliates believe that these actors cannot be ignored and, without compromising on ethical standards, transparency obligations and advertisement disclosure it is important to engage.

A recent UNESCO report Behind the Screens (Insights from digital content creators; understanding their intentions, practices and challenges) shows how, while these new media actors often reject the label of journalist, the most successful and better-established ones increasingly adopt the practices of media and journalism even as they resist it. However they view themselves, they have a growing influence on the information sector while operating outside of it without accreditation, without rules of conduct and without accountability beyond the size of their audiences. They are often ignorant of the laws governing communications, including defamation, hate speech, privacy and freedom of expression norms. Unesco wants to help build their capacities, knowledge, and, ultimately, a framework of principles to operate by, but the lack of any representative organisation hinders a coordinated approach. The results of the study also indicated a strong desire for training on international media freedom principles and ethical standards.

 

3. Journalists versus activists or journalists can be activists?

I would like to address a related topic, as more and more people ask what about the blurring role of journalists as activists? Shouldn’t journalists be objective and refuse to be activists?

When democracies are in peril, when international laws meant to hold humanity accountable are being disregarded, when people charged with criminal offenses are leading governments, when journalists around the world are being killed for practicing their freedom of press, journalists feel often bound to be activists, and the good old boundaries between activists and journalists break.

Can a journalist also be an activist for a cause without compromising the core editorial values of journalism?

In my view and in most but not all of our affiliates, yes, as long as they stick to journalistic principles including accuracy and honest reporting of facts. In fact, transparency is key to the journalist maintaining their credibility.

In today’s world the idea that upholding journalistic ethics – accuracy, fairness, and impartiality – can even be seen as a form of activism, particularly in combating misinformation, is worrisome.

In conclusion, the current challenge for journalists is not how to become influencers or replace themselves with machines, but to meet audiences where they are with their integrity and humanity intact.

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