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 4. Rights of media service providers
- 1.Media service providers shall have the right to exercise their economic activities in the internal market without restrictions other than those allowed pursuant to Union law.
- 2.Member States shall respect the effective editorial freedom and independence of media service providers in the exercise of their professional activities. Member States, including their national regulatory authorities and bodies, shall not interfere in or try to influence the editorial policies and editorial decisions of media service providers.
- 3.Member States shall ensure that journalistic sources and confidential communications are effectively protected. Member States shall not take any of the following measures:
- (a)oblige media service providers or their editorial staff to disclose information related to or capable of identifying journalistic sources or confidential communications or oblige any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have such information to disclose it;
- (b)detain, sanction, intercept or inspect media service providers or their editorial staff or subject them or their corporate or private premises to surveillance or search and seizure for the purpose of obtaining information related to or capable of identifying journalistic sources or confidential communications or detain, sanction, intercept or inspect any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have such information or subject them or their corporate or private premises to surveillance or search and seizure for the purpose of obtaining such information;
- (c)deploy intrusive surveillance software on any material, digital device, machine or tool used by media service providers, their editorial staff or any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have information related to or capable of identifying journalistic sources or confidential communications.
- 4.By way of derogation from paragraph 3, points (a) and (b), of this Article, Member States may take a measure referred to therein, provided that it:
- (a)is provided for by Union or national law;
- (b)is in compliance with Article 52(1) of the Charter and other Union law;
- (c)is justified on a case-by-case basis by an overriding reason of public interest and is proportionate; and
- (d)is subject to prior authorisation by a judicial authority or an independent and impartial decision-making authority or, in duly justified exceptional and urgent cases, is subsequently authorised by such an authority without undue delay.
- 5.By way of derogation from paragraph 3, point (c), Member States may deploy intrusive surveillance software, provided that the deployment:
- (a)complies with the conditions listed in paragraph 4; and
- (b)is carried out for the purpose of investigating one of the persons referred to in paragraph 3, point (c), for:
(i)
offences listed in Article 2(2) of Framework Decision 2002/584/JHA punishable in the Member State concerned by a custodial sentence or a detention order of a maximum period of at least three years; or(ii)
other serious crimes punishable in the Member State concerned by a custodial sentence or a detention order of a maximum period of at least five years, as determined by the law of that Member State.
Member States shall not take a measure as referred to in paragraph 3, point (c), where a measure as referred to in point (a) or (b) of that paragraph would be adequate and sufficient to obtain the information sought.
- 6.Member States shall ensure that the surveillance measures referred to in paragraph 3, point (b), and the deployment of intrusive surveillance software referred to in point (c) of that paragraph are regularly reviewed by a judicial authority or an independent and impartial decision-making authority in order to determine whether the conditions justifying their use continue to be fulfilled.
- 7.Directive (EU) 2016/680 of the European Parliament and of the Council , including the safeguards provided therein such as the right of the data subject to information and access to personal data undergoing processing, shall apply to any processing of personal data carried out in the context of the deployment of the surveillance measures referred to in paragraph 3, point (b), of this Article or the deployment of intrusive surveillance software referred to in point (c) of that paragraph.
- 8.Member States shall ensure that media service providers, their editorial staff or any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have information related to or capable of identifying journalistic sources or confidential communications have a right to effective judicial protection, in line with Article 47 of the Charter, in cases regarding breaches of paragraphs 3 to 7 of this Article. Member States shall entrust an independent authority or body with relevant expertise to provide assistance to the persons referred to in the first subparagraph with regard to the exercise of that right. Where no such authority or body exists, those persons may seek assistance from a self-regulatory body or mechanism.
- 9.The Member States’ responsibilities as laid down in the TEU and the TFEU are respected.