The European Media Freedom Act (EMFA) takes full effect across the European Union from today, 8 August, marking the formal application of landmark legislation aimed at strengthening media pluralism and independence. However, its implementation remains uncertain, as several member states have yet to take the necessary legal and regulatory steps, raising concerns that the regulation may remain largely unenforced.
Adopted in 2024, the EMFA was presented as a flagship response to growing threats to press freedom across Europe. It introduces legal protections for editorial independence, safeguards journalistic sources, addresses surveillance practices, and curbs undue political influence over public service media. The regulation also aims to improve transparency in media ownership and state advertising, as well as regulate the conduct of large online platforms in their interactions with media outlets.
Unlike a directive, the EMFA is a regulation — meaning it is directly applicable in member states without requiring transposition into national law. However, many of its core provisions, such as Article 4 on the protection of journalistic sources and Article 5 on the independence of public media, require national legislation to be updated to ensure alignment with EU obligations.
Delays and Political Hesitation
Despite a lead time of more than a year between the EMFA’s initial entry into force in May 2024 and the application deadline of 8 August 2025, national implementation has been slow. Reporters Without Borders (RSF) has expressed concern over the lack of tangible progress in several member states. In a statement, RSF Director-General Thibaut Bruttin warned that “its implementation remains largely incomplete, even though Member States have had more than a year to update their national laws. This delay reveals a lack of critical scrutiny of national legislative frameworks.”
Germany, for example, has proposed a nationwide digital media treaty to align with EMFA requirements, but the process has stalled due to the complexity of federal-level negotiations. In France, draft legislation to adapt national law to the EMFA is not expected to be tabled in Parliament before autumn.
In some countries, there is no indication that draft legislation exists at all. In these cases, the implementation of EMFA provisions has not progressed beyond ministerial statements or government announcements, raising concerns that the regulation may only be selectively enforced or indefinitely delayed.
Systemic Challenges to Media Independence
The lack of implementation is particularly concerning in member states where media freedom is already under strain. Journalists in several EU countries remain subject to surveillance due to inadequate national protections, while editorial staff in both private and public outlets report political pressure.
The EMFA explicitly requires governments to ensure that public service media are editorially independent and sufficiently funded. However, in Slovakia, appointment procedures for the heads of public broadcasters remain politicised. Similar concerns have been raised in Hungary, where state control over media regulators and public broadcasters persists. In Italy, political influence over public broadcaster RAI has increased since the current coalition came to power, and in Malta, government advertising continues to be used to exert pressure on private outlets.
Commission Urged to Take Enforcement Action
Under Article 258 of the Treaty on the Functioning of the European Union, the European Commission has the authority to initiate infringement proceedings against member states that fail to comply with their obligations under EU law. RSF has called on the Commission to make full use of this mechanism, stating that without proactive enforcement, the EMFA risks becoming “a dead letter.”
The regulation was intended to serve as a central component of the EU’s broader commitment to democratic governance. Its adoption was framed by the European Commission as a response to declining media pluralism and a growing trend of political interference in journalism. Ursula von der Leyen, President of the European Commission, has described the EMFA as part of a future “democratic shield” designed to bolster institutional integrity across the Union.
However, the legislation’s credibility depends on its enforcement. “We must now take action and ensure that the EMFA delivers on all its promises,” said Bruttin. “The European Commission must hold national authorities that are delaying or reluctant to fulfil their obligations to account and, if necessary, initiate proceedings against the most recalcitrant governments.”
