The European Parliament has recently C the proposal of the European average Freedom Act (EMFA), a law that aims to harmonize European regulation on freedom, pluralism and independence publishing house in the media, in the context of the digital transformation experienced by the sector in recent decades.

The proposal was adopted by a large majority (448 votes in favor, 102 against and 75 abstentions). The rule was announced in April 2021 by Commissioner Thierry Breton. It is situated on a framework that aims to make media companies sustainable, while promoting democratic participation, the fight against disinformation and the development of free and independent media.

The EU is concerned about the mistrust that politicization of the media and the lack of transparency in media ownership and allocation of advertising by the state can create. It therefore intends to combat political interference in editorial decisions in public and private media, protect journalists and their sources, and ensure media freedom and pluralism.

The media are at a turning point, a real crossroads: how can they achieve their goals and, at the same time, be viable? According to the Digital News ReportNorthern Europeans are more confident that the media are free from undue political influence than their neighbors to the south and east. Finland (50%) and the Netherlands (46%) have the highest proportion of people who consider the media to be politically independent. Only a tiny minority of people in Greece (7%), Spain and Italy (13%), and Hungary and Bulgaria (15%) share this view.

The Commission's Eurobarometer (July 2022) showed TV as the first news source for EU citizens (75%), especially for older generations. This was followed by online news platforms (43 %), radio (39 %), social networks and blogs (26 %) and finally the press (21 %).

Although traditional sources are still relevant, 88% of respondents receive news via smartphones and PCs or laptops. Paying for news is today rather the exception: 70% of those who access news online turn to free content.

The Commission's European average Industry Outlook (May 2023) notes that online business models have accustomed consumers to not paying for news. Like result, media companies continue to experiment and innovate, relying on strengths such as strong brands and the trust of their audiences.

Member states must respect the freedom publishing house of media companies. For their part, companies must ensure the transparency of their ownership and reflect it on their websites or other easily accessible places.

The proposal protects media, journalists and families from the use of spyware, with a short list of exceptions. Journalists cannot be prosecuted for protecting the confidentiality of their sources: proposal addresses the protection of journalistic sources because regulation currently differs from country to country.

The EMFA reinforces the protection of publicly owned media because of their relevant role in informing, but establishes controls because it considers them more exposed to political interference due to their institutional proximity to the states. The appointment of general directors must be made transparently, and their dismissal is only possible in special circumstances.

Member states should establish guidelines for assessing levels of corporate concentration that may affect pluralism.

Another aspect core topic is the distribution of the State's advertising investments in the media, a relevant revenue source source . Public authorities at all levels (state, regional and local) must publish annually their advertising investment in the media. The providers of data of audience measurement, for their part, must provide the media and advertisers with detailed information on the methodology they use.

The EMFA recalls large platforms such as Google, goal, Amazon or Apple that today have a significant influence on the industry as a whole. Online platforms with more than 45 million users (reference letter almost explicitly to the "Big Four") that want to stop disseminating media content must inform media companies in advance and consider the response to their complaints as a priority.

It is established that they must report annually on compliance with this obligation. Finally, consumers have the right to personalize their access to audiovisual service content such as connected television.

The EMFA, with its limitations, can be a financial aid to create a climate of trust where journalism is more viable, favoring an environment of healthy skill and limiting abuses by member state governments or large technology platforms.

However, the legal framework is necessary, but not sufficient. Media companies need to continue to innovate with the creativity that will allow them to be relevant to more skeptical audiences, who no longer consume news as in previous generations.

Today we know that only the effort to regain the trust and loyalty of the audiences will allow for an increase in the audiences that, with their payments and subscriptions, assume the civic need to sustain the media, a point on which, after some hesitation, a consensus is beginning to emerge among the companies that disseminate news.