New rules for the EU Media Freedom Law, which came into force on May 7, 2024, began operating in the European Union on August 8. The law aims to protect journalists, media outlets, quality information, and ensure fair competition in obtaining state advertising contracts.
What the new EU Media Freedom Law changes: simply explained
EU authorities believe that media, especially news outlets, play the role of a “public watchdog” and should operate freely. The main goals of the law:
➤ Protect journalists from pressure and surveillance: The new law prohibits EU states and institutions, as well as private organizations, from compelling media outlets to reveal information about their sources. The law also prohibits the use of spyware for surveillance of journalists, their information sources, and even their relatives. If surveillance is still necessary (e.g., for investigating a very serious crime), it must be approved by an independent court. This protection extends to media employees, their family members, and those who are part of their professional network. They cannot be detained, sanctioned, or searched, and their equipment cannot be confiscated.
➤ Protect media from social networks: The law obliges large online platforms (such as TikTok, YouTube, Facebook, Instagram, X) not to delete or demote content from professional media without good reason. The rules require platforms to notify the content producer of restrictions within 24 hours.
➤ Ensure a level playing field for all: The law should help traditional media, such as newspapers and radio, compete with internet giants. It also introduces EU-wide rules that will make the advertising and investment market more transparent and fair.
➤ Make the media market more transparent: EU authorities want it to be clear who owns media outlets and how state advertising budgets are distributed. This should prevent hidden financing and information manipulation.
Public entities must award contracts for their advertising in accordance with transparent, objective, proportionate, and non-discriminatory criteria and through open, proportionate, and non-discriminatory procedures. Furthermore, they must publish accurate, complete, comprehensible, detailed, and annual information on their advertising expenditures allocated to media service providers, which must include at least the following details: the legal names of the media service providers from whom advertising services were purchased, the total annual amount spent, and the amounts spent on each media service provider.
➤ Scrutiny of media monopolies: Now, if a large company wants to acquire another media outlet, the Council will check whether this would harm freedom of expression and diversity of opinion.
➤ Fair ratings: Companies that measure media audience (e.g., counting views) will have to operate under transparent and fair rules.
The main problem with this law lies in the question: whom to consider a media service provider? In simpler terms, who is considered a journalist — only an employee of a publication (professional journalist) or also a popular blogger? This determines who new guarantees and protections apply to. The law does not have a clear definition on this matter.
Now, EU countries must align their national laws with this new European regulation and allocate resources to ensure it genuinely works.
What protection do media, journalists, and bloggers have in the US?
In the US, there is a complex and evolving system of views on how to distinguish between bloggers and journalists, especially in the legal field. There is no direct and unambiguous separation, and it depends on the context in which the issue is considered (e.g., in libel cases or source protection). The main distinction: not what you work as, but what you do.
There is no state license for journalists in the US. It is believed that this would contradict the First Amendment to the Constitution, which guarantees freedom of speech and the press. Therefore, courts and experts lean towards the so-called “functional” approach: a journalist is someone who performs journalistic functions.
This means that a blogger can be recognized as a journalist if they: purposefully gather information, intend to disseminate this information to the general public, report on events of public interest (politics, social issues, etc.).
That is, a blogger who writes about their cat would not be considered a journalist, but a blogger who conducts investigations and publishes them very well might be.
Now, EU countries must align their national laws with this new European regulation and allocate resources to ensure it genuinely works. Overall, this law is an attempt by the EU to make the information space more honest, reliable, and free for all.
Key protections enjoyed by both US bloggers and journalists
➤ First Amendment to the Constitution: This is the most powerful protection. It applies to anyone, including bloggers, who engage in disseminating information to the public. This means that in libel cases, bloggers, just like traditional journalists, can be protected by the high standards established in Sullivan v. New York Times.
➤ Shield Laws: These are state laws that allow journalists not to disclose their confidential sources. There is no such law at the federal level. Most states have such laws, but their content varies greatly. Traditional journalists working for media organizations usually fall under these laws. For bloggers, the situation is more complex. Some shield laws were written before the advent of the internet and contain outdated definitions (“newspaper reporter”, “magazine”). However, in recent years, courts have increasingly expanded these laws to include bloggers who engage in journalistic activities. Some states, for example, California, have already recognized that bloggers running news sites can benefit from this protection.
➤ Immunity from liability: Laws also protect bloggers from liability for third-party comments left on their sites if the blogger did not modify them.
Thus, in the US, the legal protection for bloggers and journalists is becoming increasingly similar, especially when it comes to activities related to gathering and disseminating information of public interest.