Following World Press Freedom Day, this EMFA Talk delves into a pivotal yet often overlooked cornerstone of European media law: Article 3 of the European Media Freedom Act (EMFA). This provision recognises, for the first time, the individual right to access pluralistic and editorially independent media.
At first glance, Article 3 of the European Media Freedom Act (EMFA) appears modest in length — but its significance is profound. Titled "Right of recipients of media services," it reads:
Member States shall respect the right of recipients of media services to have access to a plurality of editorially independent media content and ensure that framework conditions are in place in line with this Regulation to safeguard that right, to the benefit of free and democratic discourse.
Despite its brevity, Article 3 introduces a powerful, yet so far largely neglected, innovation: it frames access to pluralistic and editorially independent media as an individual right of service recipients. It does so by combining a negative obligation—requiring Member States not to interfere with this right—with a positive obligation—requiring them to create the necessary framework conditions to protect it.
Article 3 thus acts as a corollary to the right to receive services under Article 56 of the TFEU (Treaty on the Functioning of the European Union), while also connecting to the freedom of information guaranteed under Article 11 of the EU Charter of Fundamental Rights. What distinguishes it further is that it introduces explicit qualitative criteria: not all media content, but specifically editorially independent and pluralistic content must be accessible. Eventually, in light of Recital 8 EMFA — which emphasizes that this article is "key to fostering public discourse and civic participation" — some commentators view ultimately serving to protect the concept of journalism as a public good.
In this webinar, we will explore the legal, political, and conceptual implications of Article 3 EMFA: How it elevates media pluralism from a programmatic principle to an enforceable individual right; Its links to broader EU fundamental rights frameworks; The challenges and opportunities for Member States in implementing this provision; Why understanding and operationalizing Article 3 is crucial for the future of free and democratic discourse in Europe.
This EMFA discussion will feature expert presentations offering diverging perspectives on how to operationalize Article 3 EMFA. The presenters are Mark Cole, Professor for Media and Telecommunication Law at the University of Luxembourg, and Luigi Malferrari, EU fellow at the Robert Schuman Centre and member of the Legal Service of the European Commission. The expert commentator will be Renate Schroeder, European Federation of Journalists. Elda Brogi, Deputy Director of the Centre for Media Pluralism and Media Freedom (CMPF), will moderate the discussion.