The European Union knows that the digital revolution – yet another one – brings with it numerous challenges, and one directly involves online media. That is why, for more than a year now, the drafting of an online media law has been underway which, they say in Brussels, should improve transparency, the protection of journalists and accountability, in addition to helping to fight against misinformation. This norm is taking shape and is expected to accelerate in the remainder of the year and may be consolidated before the end of the legislature, since the next European elections will be held in June of next year.
The European Commission's proposal, already collected in 2022, states that public service media must report “impartially” and their management positions will be appointed “through a transparent, open and non-discriminatory procedure.”. Dismissal can also only occur under “impartial” criteria.. In addition, the proposal includes that advertising and public funds must be given “in a transparent manner” and independently of the editorial line that the medium has.
On the other hand, it appeals to the “freedom” of editors when making decisions and prohibits forcing journalists and other media workers to reveal their sources through “detention, surveillance or confiscation.”. You are also not allowed to install spyware on your phones and computers.. Finally, the proposal includes the creation of a monitoring committee with representatives from all EU Member States, with the aim of ensuring that this standard is fully complied with.
“We need to establish clear principles”
“In recent years we have seen various forms of pressure on the media. It's time to act. We need to establish clear principles: no journalist should be spied on for their work; No public media should become a propaganda channel,” summarized at the time the vice president of the Commission's Values and Transparency, Vera Jourova, who sees this rule as “common safeguards to protect the freedom and pluralism of the media. in the EU”.
The Commissioner for the Internal Market, Thierry Breton, spoke along the same lines.. “The EU is the largest democratic single market in the world. “Media companies play a vital role, but they face falling revenues, threats to media freedom and pluralism, the emergence of very large online platforms and a patchwork of different national rules.” , expressed. For this reason, he said, this law will also imply “a new European control body that will promote the effective application of these new media freedom standards” and will try to “guarantee plurality.”
And what is the Council's position? The Member States already marked their position during the Swedish presidency -the one before the Spanish semester-, but the regulation is expected to be approved before the end of the year. “The European Media Freedom Act will establish a common framework for media services in the EU internal market and introduce measures to protect journalists and media providers from political interference, while which will facilitate their activity across the internal borders of the EU,” they explain.
The Council's mandate maintains “the ambition and objectives” of the Commission's proposal, while ensuring “that the new law is consistent with existing EU legislation, respects national competences in this area and strikes the right balance.” between the necessary harmonization and respect for national differences,” they write in their position. This position is summarized in several points. The 27 ask to clarify “the responsibility of Member States to guarantee the plurality, independence and proper functioning of public media providers operating within their borders.”
It also determines the scope of action of the European Media Services Council and reinforces its independence, in addition to establishing provisions to also strengthen the protection of journalists and journalistic sources and limits the use of coercive measures, such as the deployment of programs spy, in order to obtain said information. The Council agreement, on the other hand, ensures that Member States can adopt stricter or more detailed rules.
The Council also includes an extension of the scope of application of the transparency requirements, both with regard to transparency of ownership, which it proposes to apply to all media service providers, and transparency of state advertising, where the possibility of national exemptions for small entities is reduced. In this sense, it sets out clearer rules on the relationship between very large online platform providers and media service providers that adhere to regulatory or self-regulatory regimes of editorial control and journalistic standards in Member States.
From the European Parliament, which is the other co-legislator, they reiterated the importance of protecting journalists from attempts to use the legal system to silence information.. The European Parliament noted that “online harassment, threats and lawsuits against journalists are increasing in some Member States, and that cases of political interference in the media have been reported across the EU”, in addition to recalling cases such as the murder of Maltese journalist Daphne Caruana Galiza. Parliament also expressed “its deep concern at the further deterioration of media freedom in Hungary, Poland and Slovenia, and at reforms that have the effect of reducing diversity and silencing critical voices within the media.” “.
He was also concerned about the creation of government-controlled organizations that manage much of the media landscape and the “hijacking of public service media to serve partisan interests.”. In March 2022, the European Parliament created a commission of inquiry (PEGA) to study the use of the Pegasus spy program. In June 2023, Parliament passed a resolution, drawn up by its special committee on foreign interference (ING2), stating that the EU needed a coordinated strategy against foreign interference and information manipulation.