The European Media Freedom Act for publishers and platforms

The legal framework

The European Media Freedom Act (EMFA) is Regulation (EU) 2024/1083 of 11 April 2024. It was published in the Official Journal on 17 April 2024 and entered into force on 7 May 2024. As a regulation it applies directly in every Member State. It sets common rules for the internal market for media services and creates the European Board for Media Services, "while safeguarding the independence and pluralism of media services" (Article 1(1)). It does not affect, among others, the Digital Services Act, the Digital Markets Act, the Platform-to-Business Regulation (EU) 2019/1150 and the GDPR (Article 1(2)).

Application dates

The Regulation applies from 8 August 2025, with exceptions (Article 29):

• Article 3 (right of recipients to plural media content) from 8 November 2024.
• Article 4(1) and (2), Article 6(3), Articles 7 to 13 (national regulators and the Board) and Article 28 from 8 February 2025.
• Articles 14 to 17 (regulatory cooperation) from 8 May 2025.
• Article 20 (customising the media offering on devices) from 8 May 2027.

So the transparency duty in Article 6(1), the platform procedure in Article 18, audience measurement and state advertising have applied since 8 August 2025.

Who is caught

The definitions are in Article 2.

• Media service providers. A person whose professional activity is to provide a media service and who has editorial responsibility for the choice and organisation of the content (Article 2(2)). A media service is one whose principal purpose, or a dissociable section of it, is to provide programmes or press publications to the general public, under editorial responsibility, to inform, entertain or educate (Article 2(1)). Recital 9 names broadcasts, on-demand audiovisual services, audio podcasts and press publications, and includes freelancers.
• Providers of very large online platforms designated under Article 33(4) of the Digital Services Act (Article 2(10)).
• Manufacturers, developers and importers of devices and user interfaces that control access to media services providing programmes, such as a connected television's menus (Articles 2(14) and 20).
• Providers of audience measurement systems (Articles 2(16) and 24).
• Public authorities or entities that spend public money on state advertising or on supply and service contracts with media or platforms (Articles 2(18), 2(19) and 25). That includes national and subnational government, regulators and entities they control.

Recital 9 also draws the edges. User-generated content is not a media service unless it is a professional activity normally provided for consideration. Corporate communication and promotional material are excluded, as are websites where content is merely incidental, such as product information.

Duties of media service providers (Article 6)

Every media service provider must make easily and directly accessible, up-to-date information on (Article 6(1)):

1. its legal name and contact details;
2. its direct or indirect owners whose shareholdings let them influence operation and strategic decisions, including ownership by a state or public authority;
3. its beneficial owners within the meaning of Directive (EU) 2015/849;
4. the total yearly public funds for state advertising it receives, and the total yearly advertising revenue from third-country public authorities or entities.

Member States set up national media ownership databases with this information (Article 6(2)). Article 6(1) has no size threshold.

Since 8 February 2025, providers of news and current affairs content must take measures they deem appropriate to guarantee the independence of editorial decisions. Those measures aim to let editorial decisions be taken freely within the established editorial line, and to disclose conflicts of interest that might affect news content (Article 6(3)).

Protection of media providers (Articles 3 to 5)

Member States may not interfere in editorial decisions (Article 4(2)). Article 4(3) protects journalistic sources and confidential communications against forced disclosure, searches, surveillance and intrusive surveillance software, with narrow derogations that need a basis in law, proportionality and authorisation by a judicial or independent authority (Article 4(4) and (5)). Article 5 protects the independence and funding of public service media.

Content on very large online platforms (Article 18)

Article 18 is the provision publishers will use most. It works in steps.

1. Declaration. The platform offers a functionality through which a recipient declares that it is a media service provider, complies with Article 6(1), is editorially independent from Member States, political parties and third countries, is subject to regulatory oversight or a widely recognised self-regulatory mechanism for editorial standards, and does not provide AI-generated content without human review or editorial control. It adds an email address and its regulator's contact details (Article 18(1)). If there is reasonable doubt about the oversight point, the platform asks the regulator or self-regulatory body.
2. Acknowledgement. The platform publishes the declared information, except the contact details (Article 18(2)), acknowledges receipt and, without undue delay, accepts or rejects the declaration (Article 18(3)).
3. Reasons first. Before suspending its service for, or restricting the visibility of, a declared provider's content on the ground that it breaches its terms, the platform sends a statement of reasons under Article 4(1) of Regulation (EU) 2019/1150 and Article 17 of the Digital Services Act. The provider has 24 hours to reply, or less in a crisis under Article 36(2) of the Digital Services Act. The platform then informs it of the decision without undue delay (Article 18(4)).
4. Exceptions. This does not apply to measures under Articles 28, 34 and 35 of the Digital Services Act, Article 28b of the Audiovisual Media Services Directive or Union law on illegal content.
5. Priority complaints. Complaints by media providers are handled with priority and without undue delay (Article 18(5)).
6. Dialogue, mediation and reporting. Repeated restrictions without sufficient grounds lead, on request, to a good-faith dialogue; the provider may ask the Board for an opinion (Article 18(6)). After a rejected declaration or failed dialogue, mediation or out-of-court dispute settlement is available (Article 18(7)). The platform publishes yearly figures on restrictions, the clauses relied on, dialogues and rejected or invalidated declarations (Article 18(8)).

The Board also organises a structured dialogue between platforms, media and civil society (Article 19).

Devices, mergers, measurement and state advertising

• Devices (Article 20, from 8 May 2027). Users may easily change the configuration and default settings of devices and interfaces that manage access to media services providing programmes. Manufacturers, developers and importers must build in that function and keep media providers' visual identity clearly visible (Article 20).
• National measures and media concentrations (Articles 21 to 23). National measures affecting media pluralism must be justified and proportionate, with an appeal to an independent body (Article 21). Member States must have rules to assess media market concentrations that could significantly affect pluralism and editorial independence, through prior notification or powers to obtain information. That assessment is distinct from competition law and merger control (Article 22).
• Audience measurement (Article 24). Systems must be transparent, impartial, inclusive, proportionate, non-discriminatory, comparable and verifiable. Providers of proprietary systems, which do not follow self-regulatory industry standards, give media providers, advertisers and authorised third parties free methodology information, have the methodology audited independently once a year, and give a media provider its own results, including non-aggregated data, on request (Article 24).
• State advertising (Article 25). Public money for state advertising, and supply or service contracts with media or platforms, is awarded on criteria published in advance, through open procedures. Authorities publish yearly whom they paid, the business group where applicable, and the amounts. Member States may exempt subnational governments of entities under 100,000 inhabitants from naming business groups (Article 25).

Regulators and the AVMSD

National regulators designated under Article 30 of the Audiovisual Media Services Directive 2010/13/EU apply the cooperation rules (Article 7). The Board replaces the European Regulators Group for Audiovisual Media Services (Article 8(2)), and Article 28 deletes Article 30b of that Directive. The Commission evaluates the EMFA by 8 August 2028 (Article 27).

In practice

A regional news publisher with a website and newsletter is a media service provider. Its "About us" page should show its legal name, owners with influence, beneficial owners and yearly state advertising income. If a local government holds shares, that appears too. On a very large platform it can file an Article 18 declaration. If the platform then plans to limit an article's reach for breaching its terms, the publisher gets the reasons first and 24 hours to reply.

A podcast network producing shows under its own editorial control is covered as well, according to recital 9. Its contracts with hosts and freelance producers should say who carries editorial responsibility, because the definition turns on it.

A consumer brand with a lifestyle blog promoting its own products is usually not a media service provider, since recital 9 excludes corporate communication and promotional material. It cannot rely on Article 18.

A city of 80,000 inhabitants that buys campaigns in local papers must use published criteria and report its spending yearly. Its Member State may exempt it from naming business groups, not from the rest.

Contracts and practical steps

• Publishers. Publish the Article 6(1) information and update it after each change in shareholding. Document the Article 6(3) measures, such as an editorial statute and a conflict-of-interest procedure. Prepare the Article 18 declaration and watch the contact address: 24 hours is short.
• Investors and acquisitions. Influential shareholders will be named. Shareholder agreements should not give rights over individual editorial decisions that undercut the independence measures. In media deals, plan for a national pluralism assessment next to merger control.
• Platforms. Very large platforms need terms and workflows for declarations, advance reasons, priority complaints and yearly reporting.
• Advertising and measurement. Put methodology, audit and data-access rights into contracts with proprietary measurement providers.
• Device makers. Design the Article 20 settings into products placed on the market from 8 May 2027.

Frequently asked questions

Is an influencer a media service provider?

Not automatically. The definition needs a professional activity of providing programmes or press publications under editorial responsibility. Recital 9 excludes user-generated content unless it is a professional activity normally provided for consideration. It depends on the facts.

Must a platform keep our content online after an Article 18 declaration?

No. It can still restrict content that breaches its terms. What changes is the procedure: reasons first, 24 hours to reply, priority complaints and, for repeated unjustified restrictions, a dialogue. Measures on illegal content and on the platform's Digital Services Act duties on minors and systemic risks fall outside it.

Are small publishers exempt from ownership transparency?

Article 6(1) has no size threshold. The only size-related exemption is for small subnational governments reporting on state advertising (Article 25(2)).

Does the EMFA replace merger control?

No. Article 22 requires a separate media-pluralism assessment. A media deal can need both.

How this connects

Media and platform contracts are commercial contracts first: see our commercial contracts overview. For media transactions, our M&A due diligence guide explains the review, and platform content disputes often run next to online brand protection. We draft and review shareholder, distribution and platform agreements within commercial contracts and transactions and handle media deals in M&A and due diligence. Contract Review checks existing terms clause by clause and Document Studio prepares the new texts; an attorney reviews every result.

In brief

Cited provisions. Regulation (EU) 2024/1083, Articles 1 to 8, 18 to 25, 27 to 29 and recital 9; Directive 2010/13/EU, Articles 28b and 30.

Key dates. In force 7 May 2024. Article 3 from 8 November 2024. Articles 4(1) and (2), 6(3), 7 to 13 and 28 from 8 February 2025. Articles 14 to 17 from 8 May 2025. Everything else from 8 August 2025, except Article 20 from 8 May 2027. First evaluation by 8 August 2028.

Texts. Regulation (EU) 2024/1083; Directive 2010/13/EU.

Further reading. Running a platform or marketplace under the DSA, commercial contracts overview, M&A due diligence, online brand protection.