2023-09-08 18:47:34
A public good. This is the role that Ursula von der Leyen attributed to information in her 2021 State of the Union speech, recognizing that media independence must be protected at EU level. This political commitment was reflected in the draft European regulation on media freedom (EMFA), designed to guarantee the right to reliable information and free and fair elections in the countries of the Union. Presented on September 16, 2022, debated on May 16, 2022, the text was voted on, Thursday, September 7, by the culture committee of the European Parliament.
A “potentially beneficial” text but which raises concerns
« No journalist should be spied on because of their activity; no public media should become an organ of propaganda”, declared the vice-president of the commission, Věra Jourová, on September 16, 2022, during the presentation of the draft regulation. It is therefore with the aim of establishing a European framework for “strengthen the editorial independence of editorial staff, limit media concentration or even to protect journalists from gag procedures and espionage operations” that the draft regulation was drawn up, explains lawyer Brunessen Bertrand.
The Reporters Without Borders association, which welcomes a text “welcome and potentially beneficial”, nevertheless expresses strong criticism of the 17th article of the text. This provides for a limitation of the moderation power of large online platforms (social networks and search engines) on content emanating from sites identified as media.
“This is a very good thing but the definition of what constitutes reliable media in the eyes of the platforms must be clarified”details Julie Majerzcak, RSF representative in Brussels, who fears seeing disinformation organs access this status and thus be favored.
Ban on surveillance of journalists subject to national security exception
Another point of tension: the question of spying on journalists. If the first version of the text provided for a ban on surveillance of journalists by Member States, it was finally added, “under the leadership of France”notes Julie Majerzcak, an exception in the event of “national security”. If the RSF representative says “understand this exception”she regrets that her “imprecision could lead to abuse”.
Before the text is definitively adopted, it will still have to be examined in plenary session at the European Parliament at the beginning of October. Then, the Parliament and the Council of Europe will begin discussions to decide on the final text. Only once a political agreement has been found between the Commission, Parliament and the Council can the text be adopted.
A long legislative journey, which should nevertheless not drag on forever. “Adoption is by majority vote. Neither Poland nor Hungary, the two countries which will be most impacted by the measures, will therefore be able to block, underlines lawyer Brunessen Bertrand. It would seem, and it is rare, that there is a political consensus around these questions. »
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