Nordic Rights Condemns EMFA Negotiations, Citing Weak Press Protections

At Nordic Right, we are committed to advocating for and upholding human rights across the Nordic Region and beyond. We are deeply concerned about the ongoing negotiations surrounding the European Media Freedom Act (EMFA), which raise significant questions about the protection of press freedom and journalistic integrity in Europe.

EMFA, introduced by the European Commission on 16 September 2022, was initially hailed as a necessary step to combat political interference in editorial decisions, promote media pluralism, and enhance transparency regarding media ownership within the European Union (EU). However, one year after its introduction, Commission President Ursula von der Leyen acknowledges the pressing need for a law that safeguards the independence of media companies.

The Council of the European Union agreed on its version of the EMFA’s text on 21 June 2023, and the European Parliament adopted its version on 3 October 2023. The next phase involves three-way negotiations among the EU’s main institutions—the Council, Parliament, and Commission—with the goal of reaching a common framework for legislation that will be enforced by the EU’s 27 member-states at the national level. The first political ‘trilogue’ is scheduled for 19 October, with the process set to conclude before the European Parliament elections in June 2024.

While the EMFA is ostensibly designed to protect media freedom and independence, Nordic Rights is deeply concerned about the potential erosion of these fundamental rights during the negotiation process.

“In the last decade, we have seen incredible attacks against the media in Europe, especially in Hungary and Poland,” warned Gwendoline Delbos-Corfield, a French European Member of Parliament (MEP) from the Greens group. “In Hungary, the ruling Fidesz party has seized control of 80 percent of the country’s media, while the Polish government faces criticisms for attempting to control information on sensitive subjects.”

Delbos-Corfield further highlighted disturbing incidents in other EU countries, such as the murders of journalists Daphne Caruana Galizia in Malta and Jan Kuciak in Slovakia, as well as the targeted killings of investigative Greek reporters Sokratis Giolas and Giorgos Karaivaz.

Furthermore, concerns have been raised about the potential misuse of national security exemptions within the EMFA. While the text adopted by the European Parliament offers some protection to journalists, the version from the EU Council allows for surveillance of journalists in the name of national security, a move that Nordic Rights strongly opposes.

Carine Fouteau, a journalist for the French online news outlet Mediapart, emphasized the importance of protecting press independence and the confidentiality of journalistic sources without any limitations, advocating for a total ban on using spyware against the press.

Nordic Rights is deeply troubled by the exception introduced by France, allowing for the use of “intrusive surveillance software” for journalists in the name of national security. This raises concerns about the protection of press freedom in a country that should uphold the values of democracy and human rights.

As negotiations enter their final and most challenging phase, Julie Majerczak, the European Union (EU) representative of media watchdog Reporters Without Borders (RSF), expressed concerns about the potential watering down of press freedom protections. She called upon all stakeholders to prioritize the importance of source confidentiality as the backbone of press freedom.

Nordic Rights remains dedicated to advocating for the protection of press freedom and the rights of journalists across Europe. We call upon the EU institutions involved in the EMFA negotiations to uphold the principles of democracy, transparency, and media independence.