European Media Freedom Act
Data & Privacy
- Data Act
- Data Governance Act
- EHDS
- ePrivacy Directive
- GDPR
- GDPR Procedural Regulation
AI & Trust
- Artificial Intelligence Act
- Product Liability Directive
Cybersecurity
- Cyber Resilience Act
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
European Media Freedom Act
- Recitals
CHAPTER I
GENERAL PROVISIONSArticles 1 — 2
CHAPTER II
RIGHTS AND DUTIES OF MEDIA SERVICE PROVIDERS AND RECIPIENTS OF MEDIA SERVICESArticles 3 — 6
CHAPTER III
FRAMEWORK FOR REGULATORY COOPERATION AND A WELL-FUNCTIONING INTERNAL MARKET FOR MEDIA SERVICESArticles 7 — 25
CHAPTER IV
FINAL PROVISIONSArticles 26 — 29
EMFA
EMFA Article 22. Assessment of media market concentrations
- 1.Member States shall lay down, in national law, substantive and procedural rules which allow for an assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence. Those rules shall:
- (a)be transparent, objective, proportionate and non-discriminatory;
- (b)require the parties involved in such a media market concentration to notify the concentration in advance to the relevant national authorities or bodies or provide such authorities or bodies with appropriate powers to obtain information from those parties which is necessary to assess the concentration;
- (c)designate the national regulatory authorities or bodies as the ones responsible for the assessment or ensure that they are substantively involved in the assessment;
- (d)set out in advance objective, non-discriminatory and proportionate criteria for notifying such media market concentrations and for assessing the impact on media pluralism and editorial independence; and
- (e)specify in advance the timeframes for completing such assessments.
The assessment of media market concentrations referred to in this paragraph shall be distinct from Union and national competition law assessments, including those provided for under merger control rules. It shall be without prejudice to Article 21(4) of Regulation (EC) No 139/2004, where applicable.
- 2.In an assessment of media market concentrations as referred to in paragraph 1, the following elements shall be taken into account:
- (a)the expected impact of the media market concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media services and the media offering on the market, taking into account the online environment and the parties’ interests in, links to or activities in other media or non-media businesses;
- (b)the safeguards for editorial independence, including the measures taken by media service providers with a view to guaranteeing the independence of editorial decisions;
- (c)whether, in the absence of the media market concentration, the parties involved in the media market concentration would remain economically sustainable, and whether there are any possible alternatives to ensure their economic sustainability;
- (d)where relevant, the findings of the Commission’s annual rule of law report concerning media pluralism and media freedom; and
- (e)where applicable, the commitments that any of the parties involved in the media market concentration might offer to safeguard media pluralism and editorial independence.
- 3.The Commission, assisted by the Board, shall issue guidelines on the elements referred to in paragraph 2, points (a), (b) and (c).
- 4.Where a media market concentration is likely to affect the functioning of the internal market for media services, the national regulatory authority or body concerned shall consult the Board in advance on its draft assessment or draft opinion.
- 5.Within timelines to be established by the Board in its rules of procedure, the Board shall draw up an opinion on the draft assessment or draft opinion referred to in paragraph 4, taking into account the elements referred to in paragraph 2, and transmit that opinion to the national regulatory authority or body concerned and the Commission.
- 6.The national regulatory authority or body referred to in paragraph 4 shall take utmost account of the opinion referred to in paragraph 5. Where that national regulatory authority or body does not follow the opinion, fully or partially, it shall provide the Board and the Commission with a reasoned justification explaining its position within timelines to be established by the Board in its rules of procedure.