EU Media Law
Overview of European Union Media Law
European Union media law has evolved from a primarily economic and internal market focus to encompass an increasingly comprehensive regulatory framework addressing content standards, platform regulation, media pluralism, and democratic resilience. The EU’s competence in media matters derives from its internal market powers under the Treaty on the Functioning of the European Union, supplemented by the Charter of Fundamental Rights of the European Union, which guarantees freedom of expression and information in Article 11. The EU’s media law framework consists of sector-specific directives and regulations, including the Audiovisual Media Services Directive, the Digital Services Act, and the newly adopted European Media Freedom Act, complemented by soft-law instruments such as codes of conduct and monitoring frameworks.
The Audiovisual Media Services Directive (AVMSD)
The Audiovisual Media Services Directive (2010/13/EU, codified and amended by Directive 2018/1808) is the cornerstone of EU audiovisual regulation. The AVMSD applies to all audiovisual media services, including traditional television broadcasting and on-demand audiovisual media services, as well as video-sharing platforms. The Directive establishes the country of origin principle, under which audiovisual media services are regulated by the member state in which the service provider is established, subject to that member state’s implementation of AVMSD standards.
The 2018 revision (Directive 2018/1808) introduced significant changes. It extended the scope of the Directive to video-sharing platforms, requiring them to take appropriate measures to protect minors from harmful content and to protect the public from content inciting hatred or violence. The revised Directive introduced enhanced rules on commercial communications, including stricter regulation of product placement and sponsorship, and extended the quantitative obligations for European works to on-demand services, requiring that they hold at least a thirty per cent share of European content in their catalogues. Member states must ensure that on-demand services give prominence to European works.
The European Media Freedom Act (2024)
The European Media Freedom Act (Regulation 2024/1083), which entered into force in 2024, represents the most ambitious EU intervention in media regulation. The Regulation establishes a common framework for media services in the internal market, addressing the independence of public service media, transparency of media ownership, the allocation of state advertising, and the protection of journalistic sources. The Act is directly applicable in all member states, creating uniform obligations that supplement national media law.
The Act requires member states to ensure that public service media providers are editorially and functionally independent and that their governance structures are transparent and accountable. Member states must publish information on media ownership structures, including beneficial ownership, to enable the public to assess potential conflicts of interest. The allocation of state advertising to media outlets must be based on transparent, non-discriminatory criteria, and media outlets may not be subject to unjustified discrimination in access to services or funding. The Act establishes the European Board for Media Services, composed of national regulatory authorities and the European Commission, to coordinate regulatory approaches and issue opinions on national media measures that may affect the internal market.
The Digital Services Act (2022/2065)
The Digital Services Act (Regulation 2022/2065), applicable from February 2024, establishes a comprehensive framework for the regulation of intermediary services, including social media platforms, online marketplaces, and content-sharing platforms. The DSA applies a graduated set of obligations based on the size and nature of the intermediary service, with the most stringent obligations imposed on very large online platforms and very large online search engines (those with more than forty-five million users in the EU).
The DSA requires platforms to implement transparent content moderation procedures, to provide users with clear statements of reasons for content removal decisions, and to establish internal complaint-handling systems. Very large online platforms must conduct annual risk assessments addressing the dissemination of illegal content, the amplification of disinformation, and the manipulation of electoral processes, and must implement mitigation measures proportionate to the risks identified. The DSA establishes the independence of the European Board for Digital Services and requires member states to designate Digital Services Coordinators with powers to enforce the Regulation. The DSA’s provisions on systemic risk management have particular significance for media content, as they require platforms to address risks to public discourse and electoral integrity.
Copyright in the Digital Single Market Directive (2019/790)
The Directive on Copyright in the Digital Single Market (Directive 2019/790) introduced significant reforms to EU copyright law, with particular implications for media organisations and online platforms. Article 15 (formerly Article 11) introduced a press publisher right, granting publishers of press publications exclusive rights to the online use of their press publications by information society service providers, including the right to authorise or prohibit reproduction and making available to the public. The right does not extend to private or non-commercial uses, hyperlinking, or the use of individual words or short extracts, and is subject to a two-year term from publication.
Article 17 (formerly Article 13) imposes direct liability on online content-sharing service providers for copyright-infringing content uploaded by users, subject to the provider’s compliance with best-effort obligations to obtain authorisation and to ensure the unavailability of infringing content. Platforms must implement effective content identification mechanisms and must establish complaint and redress mechanisms for users whose lawful content is removed. The implementation of Article 17 has generated significant controversy, with concerns that automated content filtering impairs freedom of expression and that the obligation to prevent the availability of infringing content may lead to over-blocking.
The Disinformation Code of Practice
The EU’s approach to disinformation operates primarily through co-regulatory and self-regulatory instruments rather than direct legislative mandates. The Code of Practice on Disinformation, first published in 2018 and strengthened in 2022, establishes a set of voluntary commitments for signatory platforms, including major social media platforms, advertising intermediaries, and fact-checking organisations. The Code’s commitments include demonetising disinformation, ensuring transparency of political advertising, reducing manipulative behaviour, and providing access to data for independent researchers.
The 2022 strengthened Code introduced a monitoring and reporting framework requiring signatories to report on their implementation of commitments on a regular basis. The Code is linked to the DSA through the Commission’s guidance on systemic risk mitigation, which identifies the Code as a relevant tool for very large online platforms to demonstrate compliance with their obligations to address disinformation risks. The European Digital Media Observatory (EDMO) supports the implementation of the Code by coordinating fact-checking activities, facilitating access to platform data, and conducting research on disinformation trends.
The Media Pluralism Monitor
The Media Pluralism Monitor (MPM) is a scientific instrument developed by the Centre for Media Pluralism and Media Freedom at the European University Institute and funded by the European Commission. The MPM assesses the risks to media pluralism in each member state across four thematic areas: fundamental protection, market plurality, political independence, and social inclusiveness. The Monitor covers indicators including the independence of media regulators, the concentration of media ownership, the transparency of media funding, the protection of journalists, and the accessibility of media content.
The MPM results are published biennially and inform the Commission’s Rule of Law reports and its recommendations to member states. The 2024 MPM identified risks to media pluralism in several member states, including threats to the independence of public service broadcasters, the concentration of media ownership in small markets, and the exercise of political influence over media regulatory authorities. The European Media Freedom Act builds on the MPM’s indicators by establishing obligations for member states to address the risks identified through the monitoring process.
The European Regulators Group for Audiovisual Media Services (ERGA)
The European Regulators Group for Audiovisual Media Services (ERGA) was established by the European Commission as an advisory body composed of independent national regulatory authorities in the field of audiovisual media services. ERGA facilitates cooperation between national regulators, promotes the consistent application of the AVMSD, and provides the Commission with expert advice on audiovisual policy. ERGA’s work includes the development of best practices for the implementation of the AVMSD, the coordination of regulatory approaches to video-sharing platforms, and the exchange of information on cross-border services.
The European Media Freedom Act established the European Board for Media Services, which replaces ERGA as the formal EU body for regulatory coordination in the media sector. The Board consists of representatives of national media regulatory authorities and is chaired by a representative of the Commission. The Board is empowered to issue opinions on national media measures that may affect the internal market, to facilitate cooperation on cross-border media cases, and to develop guidelines for the consistent application of the Media Freedom Act.
The Country of Origin Principle
The country of origin principle is a foundational element of the EU’s approach to media regulation. Under Article 2 of the AVMSD, audiovisual media services are subject to the jurisdiction of the member state in which the service provider is established, determined by the location of the provider’s head office where the editorial decisions concerning the service are taken. A member state receiving a service may not restrict the retransmission or reception of services from another member state for reasons falling within the coordinated field of the AVMSD.
Derogations from the country of origin principle are available in limited circumstances, including where a service manifestly, seriously, and gravely infringes prohibitions on incitement to hatred or the protection of public health. The European Media Freedom Act introduces additional safeguards for the country of origin principle, requiring member states to notify the Commission and the Board of national measures that may restrict the free flow of media services and providing for Commission opinions on the compatibility of such measures with internal market rules.
The European Heritage Label for Media Sites
The EU has introduced cultural heritage designations for media-related sites through the European Heritage Label, which recognises sites of European historical significance. Media-related sites that have received the Label include the Liberation Route Europe, the Colonia Güell, and various sites associated with the history of European press and broadcasting. The Label is administered by the European Commission and awarded following evaluation by a panel of independent experts. The designation carries no regulatory obligations but confers symbolic recognition of a site’s contribution to European history, identity, and the development of European values.