Abstract

The European Media Freedom Act (EMFA), which entered into force on 7 May 2024, is to be be fully and directly applicable in EU Member States only as of 8 August 2025. This is an unprecedented regulation of the media sector at EU level. While EU law already regulates selected media issues in the Audiovisual Directive, the EMFA significantly expands the group of entities covered by this regulation. For the first time, EU law will regulate not only the audiovisual sector: television and VOD services, but will also cover radio, audio podcasts, and the press. The subject matter of the regulation will also be unprecedented. Indeed, the purpose of EMFA is to ensure independence and pluralism of media services for the benefit of free and democratic discourse (Art. 1(1) and 3 of EMFA). A tool for this is granting of certain rights to media service providers, but also imposition of certain obligations on them, introduction of special rules for public media and regulators in Member States, establishment of a new EU regulator and procedures for cooperation between regulators, as well as establishment of rules for provision of and access to media services in the digital environment. Another novelty is also introduction of a second, additional control of concentration in the media market, in addition to that exercised by antitrust authorities. Finally, the EMFA introduces rules applicable to systems for measuring the number and characteristics of users of media services and content on online platforms and rules on allocation of public funds for advertising purposes. This publication outlines the most relevant solutions provided for in the EMFA.