Defining the 'media' in Europe: pitfalls of the proposed European Media Freedom Act

This comment examines the definition of 'media' under the recently-proposed European Media Freedom Act (EMFA), and highlights its potential flaws, while pointing to possible considerations for future improvement. Notably, the narrow service-based approach to defining 'media' unde...

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Bibliographic Details
Published in:The journal of media law 2023-01, Vol.15 (1), p.39-51
Main Authors: Seipp, Theresa, Fathaigh, Ronan Ó, van Drunen, Max
Format: Article
Language:English
Subjects:
European Media Freedom Act
Freedoms
Human rights
human rights law
International law
journalism
media
platforms
Safeguards
Transparency
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Summary:This comment examines the definition of 'media' under the recently-proposed European Media Freedom Act (EMFA), and highlights its potential flaws, while pointing to possible considerations for future improvement. Notably, the narrow service-based approach to defining 'media' under Article 2 EMFA appears to be in conflict with the functional approach to defining media under European and international human rights law. Additionally, a lack of transparency and safeguards regarding how the criteria of 'editorial independence' is to be assessed, especially under Article 17 EMFA, is problematic. The risk that such decisions are made based on commercial and/or political considerations rather than established standards of media freedom must be avoided, especially when platforms are to assess editorial independence.
ISSN:1757-7632
1757-7640
DOI:10.1080/17577632.2023.2240998