This EMFA Talk will explore the implementation of Article 6 of the Act, which sets out transparency obligations for media service providers (MSPs) and reinforces editorial independence safeguards.
Article 6 of the European Media Freedom Act requires media service providers (MSPs) to disclose key ownership and financial details, including their owners and public funding received. It also mandates that EU Member States create national databases on media ownership to improve public access to this information. Beyond transparency, the article aims to protect editorial independence by ensuring MSPs take measures to prevent undue interference in decision-making.
By imposing transparency obligations on MSPs, Article 6 supports the principle of transparency, going beyond the economic and legal transparency addressed by laws like Directive 2015/849. It focuses on media-related transparency that enables citizens to make informed decisions about media sources and identify potential political or economic bias. It also allows journalists, researchers, and authorities to monitor media misconduct or abuse of power.
While Article 6 represents a positive step for ownership transparency and editorial independence, there are challenges. The provision could be contested in court due to conflicts with privacy rights, as seen in previous cases (C-37/20 and C-601/20). Additionally, substantial coordination will be needed from the European Commission and the European Board for Media Services to ensure clear and effective implementation at the national level. Finally, gaps in information about news media revenues could result in incomplete data regarding private funding sources.
In light of these challenges, this talk will feature expert presentations offering perspectives and insights on how to facilitate the smooth implementation of this article.