Rethinking media freedom in a platform-driven world

Key takeaways:

1. Media, the rule of law, democratic values, and platform capture: media freedom and pluralism are essential pillars of the rule of law in the European Union and merit targeted protection in the online environment, particularly given the increasing influence of platforms on the creation of, access to, and distribution of information.
2. A dedicated regime with subjective and objective limits: while the establishment of a special regime for media content moderation (comprising more procedural guarantees and expeditious procedures) is arguably justified, it is imperative that such a regime is both limited and proportionate. It should be anchored in editorial responsibility (control over content decisions) and legal accountability (responsibility before the law) to avoid misuse and privilege without responsibility. An absolute exemption for media content (prohibiting any restrictive measures, such as suspension or removal, even for harmful or disinformative content) should be avoided, as harmful or illegal content must remain subject to moderation regardless of its origin.
3. Europe’s Dual Legal Framework: the Digital Services Act (DSA) and the European Media Freedom Act (EMFA) together form a dual legal framework that strikes a fair balance between protecting fundamental rights, safeguarding media freedom and independence, and holding platforms accountable. The effectiveness of these Regulations hinges on clarity and consistency, as well as targeted and expeditious enforcement mechanisms.
4. Strengthening guarantees while preserving legal coherence: further regulatory tools are required to operationalise protections, prevent abuses (namely of the media status for disinformation laundering) and ensure legal certainty. These tools should include dialogue mechanisms, expedited legal remedies and harmonised guidelines.