EMFA comes at a critical time for public media

In March, the European Parliament adopted the European Media Freedom Act (EMFA) designed to better protect journalists and media in the European Union from political and economic interference.  

The new law bans governments from pursuing journalists to reveal their sources by deploying spyware. It also introduces transparency measures for media ownership and state advertising, procedures to check media concentration, as well as a new layer of protection for news outlets from takedown decisions made by big online platforms.  

Importantly, EMFA also enshrines the editorial independence of public service media (PSM) in the European Union. The law says the leaders and board members of public media organisations should be selected through “transparent and non-discriminatory procedures for sufficiently long terms of office. 

“Public media will have to be financed using transparent and objective procedures, and the funding should be sustainable and predictable.” 

The lead lawmaker for EMFA, the German conservative Sabine Verheyen, said: “Press freedom is threatened worldwide, including in Europe: the murder in Malta, threats to press freedom in Hungary, and many other examples clearly prove that.  

“[EMFA] is our answer to this threat and a milestone in European legislation. It values and protects the double role of media as businesses and as guardians of democracy.” 

Why is it important to protect PSM?

Independent public service media play a critically important role in democracy. But in several cases across Europe, PSMs’ governance and funding are linked directly to the state, which exposes them to the risk of political interference if not properly safeguarded.  

EMFA – particularly Article 5 – provides minimum-standard regulations to guarantee sufficient, sustainable, and predictable financial support. The editorial and functional independence of public service media is also at the core of the regulations, which also encompasses the rule that member states ensure an unbiased and diverse range of information and opinions.  

But while the EMFA is certainly needed and welcomed, it comes at a time of significant challenges for public media across the EU, from sustainable funding to political interference. Here we highlight some of the most significant issues:  

Snapshot of countries

Germany  

In Germany, the household levy which funds public service broadcasters is under review, with a significant number of politicians publicly opposing any increase to the fee. Germany has one of the world’s most extensive public broadcasting media networks, with three national broadcasters funded through a fee charged to households, companies, and institutions. The current fee for private households is €18.36 a month, and in February the Commission for the Determination of Financial Needs for public broadcasters (KEF) recommended an under-inflation increase by 58 cents from 2025.  

The fee and the rules that govern the public broadcasters are determined by an independent panel, but they must be agreed to by all of Germany’s state governments, with many indicating an unwillingness to increase the fee. The broadcasters are also undergoing reform, which has been largely welcomed as equipping them for the digital age, but there is concern about the influence of private media groups on such reforms. 

The pushback against an increase in the household levy comes at a time when German public broadcasters have reported cost pressures. Both the ARD and ZDF said that they are struggling to retain talent and compete with the power of foreign digital giants, while still maintaining their public service mandates. 

Read more: Scrutiny of Germany’s licence fee mounts again 

Greece 

Media freedom groups have highlighted the erosion of free media in Greece for over a decade. Recent reports suggest this concerning trend has continued, with both public and private media threatened by media capture. The European Centre for Media and Press Freedom said Greek journalism is under the “sustained threat” of surveillance, abusive legal action, and economic and political pressures, which threaten independent journalism and press freedom in the country. The Council of Europe similarly expressed concerns over press freedom in March.  

Slovakia  

The Slovakian public broadcaster RTVS is currently facing a major challenge with the far-right government of Robert Fico trying to pass a new media law that would give it a grip over the public broadcaster’s editorial independence. The Slovak government has been attempting to gain greater control over RTVS in recent months by tightening the broadcaster’s budgets and asserting they would be in favour of a state media outlet.  

The RTVS Act proposal plans to divide the public broadcaster into two entities and overhaul the organisation’s board, which would have the power to appoint the Director General. The project of the Slovak government on the future of RTVS raised serious concerns across the European Union, as it could have a critical  impact on the independence of media in Slovakia and consequently on the state of democracy in the country.  

Read more: Slovak government urged to abandon new public media law   

Slovenia 

After a period of reform following a turbulent few years marked by staff strikes against an executive seen as allied to the government, public broadcaster RTV SLO is now working to slowly rebuild trust. However, the aftermath of the COVID-19 pandemic and other factors has left RTV SLO with a lack of funding and staff. The Slovenian public broadcaster is now in the process of rebuilding what has been destroyed by previous management with little means and a depleted team.  

There are hopes that a new media law could rectify this situation, but it was welcomed with cautious optimism as this “Act on Media” offers faint solutions for the financial sustainability of RTV SLO. Furthermore, under the pretext of “transparency of state advertising”, the law provided for the consent of the government for advertising campaigns, which could be seen as a fresh attempt to politicise the media.  

Read more: Trust at RTV SLO: “It is easier to ruin than rebuild” 

Sweden  

Even though Sweden’s public service media enjoy a high level of public trust, Swedish Radio and Swedish Television (SVT) are going through a difficult moment financially. In recent months, both organisations have cut their budgets, and had to rethink their structure, which has involved redundancies.  

This is taking place amid a government investigation into public media focusing on, among other things, the renewal of their mandate. The investigation has been criticised for lacking any inclusion of directives to examine ways to enhance independence, such as diminishing the government’s appointment authority and preventing the appointment of politicians to roles within the Management Foundation. 

Read more: Swedish public media feeling financial and political pressures 

While public media remain well-trusted in many EU countries they all face a growing number of challenges to their future viability. As explored here, there is a clear need to bolster the defences of European public media. In this sense, it is hoped that the EMFA provide a level playing field of enhanced protection across the continent. The Public Media Alliance maintains that national governments and independent regulatory authorities must work with media stakeholders for the full and effective implementation of EMFA. 

While EMFA is not the panacea some had hoped for, and while it has been watered down by member states during the legislative process, it is still a step towards progress. It will establish a common set of minimum standards to be applied across the entire bloc, with the goal of improving public access to independent and accurate information, protecting journalists and news organisations against government interference or attacks.  

However, how the EMFA affects countries such as Hungary where public media is already captured, or Slovakia, where the government appears to be attempting a similar-styled takeover, remains to be seen.