Nieman Lab.
Predictions for
Journalism, 2024.
2024 will be the year of press freedom in the EU, as the region prepares for the first press law in its history: the European Media Freedom Act. The European Commission president, Ursula von der Leyen, has boldly pushed for this controversial legislation, as many stakeholders, including publishers, still defend the classical principle that the best press law is the one that doesn’t exist.
Foundation
A strong and independent press is an essential guardian to combat any kind of propaganda, to hold those in power accountable, and to satisfy the public’s fundamental right to information in a liberal democracy. Unfortunately, the press has gradually lost its strength and sovereignty in the current digital context, dominated by big platforms. Data-driven unfair competition practices have severely altered the business model of news media companies, which are more captured than ever by the political and corporate interests who fund them.
At the same time, citizens are confronting a tsunami of disinformation, which makes it harder for them to separate what is true and what is fake, undermining their political decision-making. Disinformation is being weaponized by various states to destabilize electoral processes and other forms of political participation.
These risks, which will intensify with the rise of generative AI, require new solutions to guarantee the independence of media companies and editorial integrity. In this context, several voluntary transparency systems have emerged in the media sector to strengthen press freedom and editorial credibility. Examples of these systems are NewsGuard in the U.S., the Journalism Trust Initiative in the EU, and the Observatorio de Medios focused on news governance in Spain.
Europe’s upcoming press law
The upcoming European Media Freedom Act builds on some of these private sector initiatives. This upcoming regulation will be passed before the end of the first semester of 2024. It tackles the lack of coordination among national regulatory bodies; political and commercial interference in newsrooms’ editorial decisions; the lack of transparency in state advertising and in audience measurement systems and how big platforms should suspend news content.
The law draws on traditional governance mechanisms to enhance press freedom. It introduces an obligation for media companies to disclose their ownership structures. This means that any organization with a mission to publish news will have to disclose who owns it. Eighty-one percent of EU citizens surveyed in a public consultation agree on this measure. Another essential measure, supported by 71% of EU citizens, requires news outlets to disclose the amount they receive from state advertising.
It also introduces a set of obligations against arbitrary decisions by big platforms regarding the suspension of news content. These provisions have generated hot debates among publishers, the tech industry, and NGOs around the question of what is a news organization. The current draft says that platforms “shall take all possible measures” to communicate their suspension decisions to news organizations “that adhere to a co-regulatory or self-regulatory mechanism governing editorial standards, widely recognized and accepted in the relevant media sector in one or more Member States.” It thus implies that news organizations should be defined by their editorial standards. It also imposes “a structured dialogue” between the media sector, civil society, and platforms to discuss best practices in this regard.
In addition, the law creates a new EU-wide regulatory body, which will be called the European Board for Media Services. The new EU regulator will supervise EMFA’s right application in coordination with the national regulatory bodies.
Finally, all these mandatory requirements are accompanied by several voluntary measures to ensure the independence and integrity of editors, to promote the participation of journalists in the decision-making of media companies, and to improve their long-term sustainability.
Reactions
EU publishers are divided when it comes to the EMFA. Scandinavian publishers are more inclined to the kinds of measures the EMFA promotes, whereas the Mediterranean publishers are more critical, arguing risks of state interference in their business and press freedom. At the same time, scholars agree that the risks posed by the current digital context to press freedom need some kind of state intervention. The liberal unregulated model no longer seems to work. The EU’s governance approach to the problem of media independence holds some promises that we should be open to explore.
Elena Herrero-Beaumont is co-founder and director of Ethosfera and founder and co-director of the Observatorio de Medios.
2024 will be the year of press freedom in the EU, as the region prepares for the first press law in its history: the European Media Freedom Act. The European Commission president, Ursula von der Leyen, has boldly pushed for this controversial legislation, as many stakeholders, including publishers, still defend the classical principle that the best press law is the one that doesn’t exist.
Foundation
A strong and independent press is an essential guardian to combat any kind of propaganda, to hold those in power accountable, and to satisfy the public’s fundamental right to information in a liberal democracy. Unfortunately, the press has gradually lost its strength and sovereignty in the current digital context, dominated by big platforms. Data-driven unfair competition practices have severely altered the business model of news media companies, which are more captured than ever by the political and corporate interests who fund them.
At the same time, citizens are confronting a tsunami of disinformation, which makes it harder for them to separate what is true and what is fake, undermining their political decision-making. Disinformation is being weaponized by various states to destabilize electoral processes and other forms of political participation.
These risks, which will intensify with the rise of generative AI, require new solutions to guarantee the independence of media companies and editorial integrity. In this context, several voluntary transparency systems have emerged in the media sector to strengthen press freedom and editorial credibility. Examples of these systems are NewsGuard in the U.S., the Journalism Trust Initiative in the EU, and the Observatorio de Medios focused on news governance in Spain.
Europe’s upcoming press law
The upcoming European Media Freedom Act builds on some of these private sector initiatives. This upcoming regulation will be passed before the end of the first semester of 2024. It tackles the lack of coordination among national regulatory bodies; political and commercial interference in newsrooms’ editorial decisions; the lack of transparency in state advertising and in audience measurement systems and how big platforms should suspend news content.
The law draws on traditional governance mechanisms to enhance press freedom. It introduces an obligation for media companies to disclose their ownership structures. This means that any organization with a mission to publish news will have to disclose who owns it. Eighty-one percent of EU citizens surveyed in a public consultation agree on this measure. Another essential measure, supported by 71% of EU citizens, requires news outlets to disclose the amount they receive from state advertising.
It also introduces a set of obligations against arbitrary decisions by big platforms regarding the suspension of news content. These provisions have generated hot debates among publishers, the tech industry, and NGOs around the question of what is a news organization. The current draft says that platforms “shall take all possible measures” to communicate their suspension decisions to news organizations “that adhere to a co-regulatory or self-regulatory mechanism governing editorial standards, widely recognized and accepted in the relevant media sector in one or more Member States.” It thus implies that news organizations should be defined by their editorial standards. It also imposes “a structured dialogue” between the media sector, civil society, and platforms to discuss best practices in this regard.
In addition, the law creates a new EU-wide regulatory body, which will be called the European Board for Media Services. The new EU regulator will supervise EMFA’s right application in coordination with the national regulatory bodies.
Finally, all these mandatory requirements are accompanied by several voluntary measures to ensure the independence and integrity of editors, to promote the participation of journalists in the decision-making of media companies, and to improve their long-term sustainability.
Reactions
EU publishers are divided when it comes to the EMFA. Scandinavian publishers are more inclined to the kinds of measures the EMFA promotes, whereas the Mediterranean publishers are more critical, arguing risks of state interference in their business and press freedom. At the same time, scholars agree that the risks posed by the current digital context to press freedom need some kind of state intervention. The liberal unregulated model no longer seems to work. The EU’s governance approach to the problem of media independence holds some promises that we should be open to explore.
Elena Herrero-Beaumont is co-founder and director of Ethosfera and founder and co-director of the Observatorio de Medios.
