Introduced in September 2022 by the European Commission as part of the “new push for European Union Democracy,” the European Media Freedom Act (EMFA) seeks to promote media pluralism and independence across the EU.
EMFA in a Nutshell
The EMFA sets out rights and obligations for ‘media service providers’, including rules on transparency about media ownership and protections against political interference. The proposed bill also introduces valuable safeguards against surveillance powers of states and the use of spyware against them. EFF has warned for years about the dangers of powerful state-sponsored malware, and the Pegasus project shows the need to take the abuse of power by governments seriously.
Article 17: Media Exemption
One of the most controversial provisions under the EMFA is Article 17, which endeavors to address the treatment and moderation of media content by ‘Very Large Online Platforms’ (VLOPs), such as Twitter and Facebook. Article 17 requires VLOPs to give special privileged treatment to media outlets by notifying them before content is removed. Should VLOPs remove content without ‘sufficient grounds’, Article 17 enables media service providers to find an ‘amicable solution’ through dialogue with the VLOP. Article 17 also provides that VLOPs must create fast-track systems for actors to self-declare as independent and regulated media providers, hence leaving it to online platforms to decide over the status of a wide range of media actors.
Content shared by media service providers on VLOPs should not be exempt from moderation protocols through a carte blanc
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