Building on the previous EMFA Talk on the implementation of Article 18 of the European Media Freedom Act — which allows self-declared media to request protection from content moderation on Very Large Online Platforms (VLOPs) — this session expands the discussion to the interplay between Articles 18 and 19 of the EMFA and the Digital Services Act (DSA). While Article 18 establishes a privilege for media services, enabling them to challenge unfair content moderation decisions and ensure that moderation processes respect fundamental rights, Article 19 complements this by creating a ‘structured dialogue’ between regulators and stakeholders, which ensures that media can participate in discussions affecting content moderation and provides a safeguard against undue influence from states or corporate actors. 

The DSA reinforces these protections by establishing specific rules for content moderation and by requiring platforms to identify, assess, and mitigate systemic risks arising from their services, such as unjustified restrictions on media content, distortions in news visibility, or algorithmic biases affecting journalistic outputs (Articles 34–35 DSA). In particular, the definition of systemic risks under the DSA will directly influence how Article 18 EMFA is applied in practice, making coordination between the EMFA and DSA crucial. Both frameworks, in fact, establish EU-level platforms for regulators to cooperate: the European Board for Digital Services under the DSA, and the European Board for Media Services under the EMFA. These boards are expected to support consistent implementation across Member States and facilitate the structured dialogue.

Persistent concerns remain. DSA transparency and systemic risks reports have highlighted failures in adequately addressing illegal content and in assessing and mitigating systemic risks. These shortcomings suggest a worrying trend of non-compliance and opacity. At the same time, current procedures under Article 18 EMFA may lack clarity, enforceability, and sanctions, creating loopholes that VLOPs could exploit. The European Commission is tasked with issuing guidelines and recently concluded a public consultation on this. However, it remains uncertain how these guidelines will ultimately be structured and implemented in practice. Addressing these gaps is essential to hold platforms accountable and ensure that the EMFA’s principles are upheld across the EU. 

This EMFA talk will feature Giovanni De Gregorio, PLMJ Chair in Law and Technology, Católica Global School of Law, and Iva Nenadic, scientific Coordinator of the Centre for Media Pluralism and Media Freedom, EUI, Audrius Perkauskas, Deputy Head of Unit, Audiovisual and Media at European Commission DG CONNECT, and Renate Schroeder, Director of the European Federation of Journalists. Elda Brogi, Deputy-Director of the Centre for Media Pluralism and Media Freedom (CMPF) will moderate the conversation, ensuring a comprehensive and solution-oriented debate.