European Media Freedom Act assessed - Freedom of Expression

Freedom of expression is one of the foundations of a democratic and pluralistic society. Its corollary is access for everyone to accurate, reliable and timely information, a key precondition for informed public participation. The role of the media and journalists in seeking out, verifying and distributing information is crucial.

States have the responsibility to provide adequate safeguards, both through law and practice, for the effective enjoyment and protection of freedom of expression, including by creating an enabling environment for free and responsible media to flourish and play their essential role in democracy.

The Council of Europe is well placed to help prevent and address the threats to the exercise of the rights and freedoms guaranteed by Article 10 of the European Convention on Human Rights, both offline and in the online environment.

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Back European Media Freedom Act assessed

On January 31, the Council of Europe took part in public hearing on the European Media Freedom Act proposal, organised by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) in association with CULT and IMCO Committees. The new bill looks at fixing many problems undermining the European media sector today – concerns about sustainability, political capture in some states, the decline in public trust, all the matters that have been set forth as the rationale for the European Media Freedom Act (EMFA) – the proposal is very timely. In his intervention, Patrick Penninckx, Head of the Council of Europe Information Society Department underlined that many requirements included in the EMFA proposal are also subject to Council of Europe’s standards on freedom of expression and its corollary media freedom which are guaranteed by Article 10 of the European Convention on Human Rights (ECHR). He quoted a broad range of Council of Europe instruments and mechanisms encompassing basic legal guarantees for freedom of expression, standards on media pluralism and independence, recommendations for enhancing reliability and trust in information and provisions on the safety of journalists and other media actors.

Some of these instruments indeed served as a reference to the elaboration of the European Media Freedom Act (EMFA). Two CM recommendations have been evoked in particular, Recommendation CM/Rec(2012)1 on public service media governance and Recommendation CM/Rec(2018)1 on media pluralism and transparency of media ownership. Other instruments can still be taken as inspiration in the ensuring process of the EMFA’s adoption, such as the Recommendation CM/Rec(2022)11 detailing principles to be applied in media and communication governance and the Recommendation CM/Rec(2022)4 on promoting a favourable environment for quality journalism in the digital age.

The Public hearing on the European Media Freedom Act has equally welcomed comments from Ms Renate Schroeder, European Federation of Journalists; Mr Plamen Angelov, Head of Activity for JHA Matters, Policy & Consultation Unit Representative, EDPS; Ms Anna Wojcik, Institute of Legal Sciences of the Polish Academy of Science; and Mr Laurens Hueting, Senior Advocacy Officer at the European Centre for Press and Media Freedom.

Brussels 1 February 2023

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In time of conflict

The right to freedom of expression and information constitutes one of the essential foundations of democratic society. In conflict situations and wars, the role of the media is critical in providing the public with accurate and timely information. Trustworthy news and images can contribute to the protection of civilians and conflict prevention, bring to the attention of the international community the horrors and reality of conflict and expose violations of human rights and international humanitarian law.

Visit the "Freedom of expression in times of conflict" webpage

Journalists Matter Campaign

Journalists Matter, the Council of Europe Campaign for the Safety of Journalists is an initiative aiming to promote press freedom and protect journalists from violence, threats, and harassment while performing their duties. As part of this Campaign, the Council of Europe is inviting everyone to support their cause, take action for their enhanced protection, while raising awareness about the importance of safeguarding journalists and their right to report the news freely and without fear.

Visit the "Campaign for the Safety of Journalists" webpage