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The European Union’s “European Media Freedom Act” became binding law across all member states on August 8, but behind its name lies a set of provisions that could restrict the very freedoms it claims to safeguard.
We obtained a copy of the act for you here.
Alongside language about protecting reporters, the regulation authorizes arrests, sanctions, and surveillance of journalists whenever authorities say it serves an “overriding reason in the general interest.”
Ursula von der Leyen, President of the European Commission, hailed the legislation’s arrival on social media, saying, “A free and independent press is an essential pillar of our democracy. With our European Media Freedom Act, we want to improve their protection. This allows journalists to continue their important work safely and without disruption or intimidation.”
Although the law outlines protections such as prohibiting spyware or coercion to expose sources, those assurances are undercut by built-in loopholes.
Governments can bypass them if their actions are allowed under national or EU law and deemed proportionate to a vaguely defined “general interest.”
That permission extends to intrusive surveillance technologies in cases tied to crimes carrying a maximum prison term of three years or more, a list that ranges from terrorism and human trafficking to offenses labeled as “racism and xenophobia.”
The legislation also orders each country to maintain registers of media owners and addresses. It targets so-called “disinformation,” accusing some media outlets of manipulating the single market to spread falsehoods.
Large online platforms are portrayed as choke points for access to news, blamed for fueling polarization.
To confront this, the EU wants tighter cooperation between national regulators, overseen by a European Media Services Board made up of member state regulators and a Commission representative. Although labeled independent, the board’s secretariat is run by the Commission, giving it an inside track on the decision-making process.
Another element of the act involves pushing “trustworthy media” and reinforcing state broadcasters through transparent appointment processes and stable public funding.
Annual gatherings between EU officials, internet companies, media representatives, and NGOs are encouraged to assess how disinformation initiatives are being carried out.
Despite being sold as a shield for press freedom, the structure of the act gives Brussels and national authorities the ability to decide which voices remain active and which can be silenced. By allowing arrests, surveillance, and tighter state involvement in the media landscape, it risks turning from a safeguard into a tool for control.
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