knowledge 17 September 2025 |

The European Media Freedom Act – The EU seeks to protect independent media

Introduction

The European Media Freedom Act¹ (“the Act”) entered into application on 8 August 2025 across the European Union (the “EU”). The Act aims to address growing challenges to media freedom, independence and pluralism. In a European Commission (the “Commission”) Press Release on the development, Michael McGrath, Commissioner for Democracy, Justice and the Rule of Law, outlined that the intent of the Act is to protect democracy in the EU:

“Independent media are the backbone of any democracies. With the European Media Freedom Act entering into application, media and journalists across the EU gain unprecedented safeguards, and citizens can trust that the news they receive is driven by facts, not by business or political agenda.”²

The Act aims to harmonise national rules and procedures to protect media pluralism and editorial independence and to promote transparency in media ownership and state advertising. The changes also aim to ensure that media content is not removed arbitrarily by very large online platforms (“VLOPs”), promotes regulatory coordination across the EU, and introduces a new EU-wide framework for assessing media mergers. These measures aim to strengthen the overall resilience and diversity of the European media ecosystem.

The changes seek to ensure media pluralism throughout the EU. Media pluralism entails a mix of public and private media, as well as a variety of platforms (such as print, radio, TV, and online) to avoid media concentration, which could restrict the diversity of opinions and viewpoints available.

As an EU Regulation, the Act is directly applicable in Ireland. However, some provisions, such as in relation to reviews of media mergers, require transposing legislation. As a first step in implementing these provisions, the Irish Government, on 2 July 2025, approved the General Scheme of the Media Regulation Bill (the “General Scheme”).³ If enacted, the Media Regulation Bill will implement the Act into Irish law and includes significant changes to Ireland’s media merger regime under the Competition Act 2002.

In this briefing note, we summarise the key provisions in the Act, and how it may affect the media landscape in Ireland.

Protecting Media Pluralism

The Act establishes an EU-wide framework for safeguarding media pluralism, in particular through the harmonisation of media merger regimes across the Member States. The Act mandates that Member States include provisions in legislation on their media mergers regime to include an assessment for media market concentrations that could significantly impact media pluralism and editorial independence beyond standard competition law.

The Act’s requirements differ in certain ways from Ireland’s existing media mergers regime under the Competition Act 2002 (as amended).⁴ To ensure alignment with these changes, the General Scheme introduces several amendments to what constitutes a media merger, including the inclusion of online platforms providing access to media content and captures transactions involving only one media service provider.

The Act also mandates that Member States delegate responsibility for the assessment of media mergers to their national regulatory authority or ensure that the authority is “substantively involved” in the assessment. The proposed legislation described in the General Scheme will see the transfer of primary responsibility for media mergers from the Minister for Culture, Communications and Sport to Coimisiún na Meán.

Protecting Editorial Independence

A cornerstone of the Act is the safeguarding of editorial independence and journalistic sources from both political and commercial interference. Article 4(2) of the Act mandates that Member States refrain from interfering in editorial policies or decisions of media providers. This means regulatory authorities, governments, or other actors may not pressure or influence editors or journalists in their professional work. The Act also prevents the use of spyware or surveillance tools against journalists unless justified under exceptional conditions.

Protecting Transparency

The Act requires media service providers (“MSPs”) to publicly disclose information about their ownership structures, including beneficial owners, and editorial decision-making to ensure that there is a clear separation between ownership and editorial content. The proposed legislation in the General Scheme will appoint Coimisiún na Meán as the body responsible for overseeing the development of a media ownership database in Ireland and also to engage with the media industry to promote transparency around audience measurement systems.

Under the Act, public authorities at national and EU level must publish how much they spend on advertising in each media outlet. Media outlets receiving state advertising must be listed in public reports, ensuring public scrutiny and avoiding covert state influence on media. Coimisiún na Meán will be tasked with monitoring and producing an annual report based on this information.

Transparency in audience measurement for media service providers and advertisers is another feature of the Act. Audience measurement systems, such as ratings and online engagement, must be transparent and verifiable. Large platforms and companies offering these services must share methodologies and data with media providers and advertisers to ensure fair access to accurate data, preventing dominant players from manipulating metrics to gain unfair market advantages.

Protection Against Unjustified Content Takedowns

The Act introduces safeguards to prevent the arbitrary removal or restriction of media content by VLOPs. The Digital Services Act (the “DSA”) (see our previous briefing on the DSA here) defines VLOPs as platforms or search engines with more than 45 million monthly users in the EU who are designated as such by the Commission. Examples include Facebook, Instagram, X and Tik Tok.

Under Article 18 of the Act, VLOPs are required to establish a mechanism allowing MSPs to self-declare as independent and regulated. If a VLOP intends to suspend or remove content from a self-declared MSP, it must provide the MSP with a statement of reasons and allow 24 hours for a response. The Act requires that complaints from MSPs are processed quickly and that VLOPs must engage in meaningful dialogue with an MSP to find a solution.

This process is designed to prevent the excessive removal of legitimate journalistic content from their services, including as a result of automated processes, and applies whether the VLOP has editorial control or not.

It remains uncertain how the measures set out in Article 18 will operate in practice. Article 18(9) of the Act provides that the Commission will issue guidelines “with a view to facilitating the consistent and effective implementation of this Article”. While the Act and its Article 18 have been in effect since 8 August, these guidelines have not yet been published.

Regulatory Oversight and EU-Level Coordination

A new independent European Board for Media Services, composed of representatives from the national media authorities or bodies and assisted by a Commission secretariat, will play a leading role in enforcing the implementation of the Act across all EU member states. In Ireland’s case, Coimisiún na Meán will be Ireland’s representative on this Board.

The Board will issue opinions, guidance, and recommend corrective actions to national regulators or Member States if their practices threaten media freedom. This EU-level coordination aims to enhance legal certainty for media businesses and to promote regulatory convergence across Member States.

Conclusion and Key Considerations for Media Operators

With the Act now in force, media operators should be aware of several new obligations and developments.

• Content Takedown Procedures: VLOPs must now implement mechanisms to prevent the arbitrary removal of media content from self-declared independent and regulated MSPs. Operators should review and, if necessary, update their internal processes to comply with these new requirements.
• Transparency Requirements: There is a heightened emphasis on transparency, including the public disclosure of media ownership structures, beneficial owners, and editorial decision-making processes. Operators should also prepare for increased scrutiny regarding state advertising and audience measurement systems.
• Editorial Independence: Operators must ensure robust safeguards are in place to prevent any undue political or commercial interference in editorial decision-making, as mandated by the Act.
• Media Merger Assessments: The Act introduces a harmonised EU-wide framework for assessing media mergers, with a particular focus on the impact on media pluralism and editorial independence. Operators involved in mergers should be aware of the expanded scope of the media mergers regime and the involvement of national regulatory authorities, such as Coimisiún na Meán.

Until the guidelines on the practical operation of Article 18 are released, there remains some uncertainty regarding the implementation of these provisions, and operators should remain vigilant for further updates.

Also contributed to by Toluwalade Bello