The new Media Freedom Act (MFA) introduces crucial measures to uphold the editorial independence of journalists and safeguard their sources, particularly from threats such as spyware. This legislation underscores the imperative of protecting journalistic integrity in Europe, especially in light of the tragic murders of investigative journalists Jan Kuciak in Slovakia and Daphne Caruana Galizia in Malta, which served as distressing indicators of the dangers facing media professionals. According to Sandor Zsiros, who has extensively reported on the MFA, these incidents highlighted a broader issue: the declining state of media freedom across nearly all EU member states, exacerbated by political pressures and business interests.
The MFA, officially implemented on August 8, is designed to shield journalists from unjustified removal of their online content and specifies protections against inappropriate interference from major platforms like Google and YouTube. The European Parliament has largely endorsed this legislation, prompting some member states to begin adjusting their national policies. However, a significant number of countries appear reluctant to fully implement the new rules. Julie Majerczak from Reporters Without Borders emphasizes the urgency for the European Commission to take decisive action against uncooperative governments, framing it as a test of the Commission’s credibility in safeguarding media freedom.
The European Commission’s 2025 Rule of Law Report reveals deteriorating conditions for journalists in various member states, indicating a worrying trend of smear campaigns led by politicians. This report cites Poland and Hungary as primary concern areas, where the use of spyware against journalists has been reported, raising alarms over political motivations behind such intrusions. Although incidents have also occurred in Greece and Spain, these are not considered a systemic threat. Under the MFA, the use of spyware targeting journalists is restricted, only permissible in circumstances posing a national security threat.
The report raises significant concerns regarding journalists’ safety in countries like Bulgaria and Malta, where political pressure and the distribution of state advertising put additional strain on media integrity. Furthermore, it highlights the opaque nature of media ownership in Bulgaria, the Czech Republic, The Netherlands, Cyprus, and Spain, creating an environment ripe for conflicts of interest and compromised journalistic independence. Reporters Without Borders stresses the need for transparency in media ownership, recognizing that the MFA offers some potential solutions, albeit cautiously optimistic about its implementation.
As part of the MFA, assessment processes for media mergers will now consider multiple criteria aimed at fostering media pluralism, economic viability, and a commitment to editorial independence. This stride towards more stringent regulations is seen as a positive development, especially in addressing the threat posed by the growing concentration of media ownership in large corporations, which can undermine diverse viewpoints and public discourse. Julie Majerczak reiterates the importance of the MFA in this context, signaling that these new rules could play a vital role in ensuring that media ownership remains balanced and accountable.
In conclusion, the Media Freedom Act represents a pivotal step for media independence in Europe, amid rising threats to journalistic safety and integrity. The act is not only a response to tragic incidents but illustrates a broader awareness within the EU of the pressing need to protect and promote media freedom. While challenges remain, particularly in implementation and enforcement among resistant member states, the MFA provides a framework that aims to fortify the foundational principles of a free press, necessary for any democratic society. As the landscape for journalism evolves, it becomes critical for stakeholders to remain vigilant and advocate for the effective application of these new regulations.
