Journalists, tight mesh for content removals on online platforms
A common framework to prevent violations of press freedom. Professionals must be informed of any 'cuts' in advance
Key points
Freedom of media and journalists on very large online platforms (Vlop) gets a new piece. The European Commission has adopted the "Guidelines on the implementation of the declaration functionality for media service providers according to Article 18(1) of Regulation (EU) 2024/1083 of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU" (European Media Freedom Act, Emfa), effective from August 2025. The aim is to ensure that the so-called media privilege, set out in the regulation to prevent infringements of press freedom by content removal by platforms, is effectively implemented to protect professional journalism.
In the wake of the Emfa
Published in the C series of the Official Journal of the EU on 11 February, the guidelines follow Article 18 of the Emfa regulation according to which media service providers have the right to be informed in advance of the choice to remove content and to receive clarification of the reasons, with the possibility of contesting the measure within 24 hours.
The Commission specified that this instrument is aimed at those who provide services, programmes or publications 'of a journalistic nature, to the general public with the objective of informing, entertaining or instructing'. The determining factor is therefore the professional nature of the activity, which can be carried out in different forms, including the activities of freelancers.
Reducing the overwhelming power of platforms
In order to curb the overwhelming power of large online platforms and prevent forms of censorship, Article 18 aims to minimise the impact of content moderation decisions on the editorial integrity of media service providers and the circulation of information that is reliable and produced in line with editorial norms and professional standards.
In thus circumscribing the power of removal, platforms are obliged to activate the declaration functionality that must become an 'integral part of the infrastructure' and to indicate the function, in a highly visible manner, on the interface of the platform to facilitate access by media service providers.
