On Friday, August 8, the Media Freedom Regulation will take full effect in all Member States of the European Union. Its key provisions aim to strengthen freedom and protect the plurality and independence of the media, as well as to increase the overall protection of journalists, TASR reports.
Although the European Act on Freedom of the Media (EMFA) is significant progress in the above mentioned areas, according to the organization Reporters Without Borders (RSF), its implementation at national level is delayed due to insufficient political will by Member States.
Legally binding regulation
According to RSF, its adoption by European institutions in March last year was accompanied by enthusiasm because it represents a significant step forward in the field of law to reliable information and a clear signal that the EU stands on the side of the free, independent and pluralistic journalism.
Since EMFA is a regulation, not a directive, it is legally binding for Member States without the need for national law transposition. However, many of its basic provisions – for example, Article 4 on Source Protection and Article 5 on the Independence of Public Media – require a fundamental update of national legislation to comply with EU requirements, RSF points out.
Various problems in countries
In some countries, there are not even draft laws for the implementation of the EMFA, which raises concerns that the regulation will be implemented delayed or only partially. In Germany, a proposal on digital media was presented in May to implement some EMFA provisions, but the process of admission is complex and therefore stagnated. In France, the amendment to the Parliament will reach parliament first in the fall. On Thursday, Slovenian journalistic associations also draw attention to the lack of legislation and called on the adoption of the new Media Act.
At the same time, the RSF points out that the need to protect journalists is urgent in many EU countries. Journalists are exposed to monitoring, their sources are revealed and the independent media is under pressure. In several countries, according to RSF, the appointments of the appointments of the leaders of the public service media remain highly politicized, for example in Slovakia, which is contrary to the demand for independence enshrined in the EMFA.
Calls for action
“In response to this situation, the European Commission must remain decisive. The Commission should consider the commencement of the breach of obligations under Article 258 of the EU Treaty, if a particular implementation of the EMFA at national level will continue to be delayed,” RSF added.
The need for consistent application of new rules was also pointed out by the Vice -President of the European Parliament Sabine Verheyen, the chairman of the working group supervising the implementation of the Regulation. “Its real value will only be possible to judge on the basis of actions, not the words … The freedom of the media is not the subject of negotiations – it is the basis of our democracy,” she stressed.
The Union of Civil Freedoms for Europe (Liberties) in its April report warned that the freedom of media and pluralism is in existence in the EU. The authors draw attention to the concentration of media ownership, insufficient transparency of owners, government interventions in the public service media or intimidation of journalists. According to them, EMFA may be a key tool for defending against these negative trends.
