Preamble 51 to 60
(51) The use of labelling or age verification tools by providers of very large online platforms in accordance with their terms of service and with Union law should not be understood as a restriction of visibility.
Following the reply of a media service provider to the statement of reasons by a provider of a very large online platform, or in the absence of such a reply within the given period of time, that provider of a very large online platform should inform the media service provider if it intends to proceed with the suspension of the provision of its online intermediation services in relation to the content provided by the media service provider or the restriction of the visibility of that content.
This Regulation should not affect the obligations of providers of very large online platforms to take measures against illegal content disseminated through their services, to take measures in order to assess and mitigate systemic risks posed by their services, for example through disinformation, or to take measures in order to protect minors. In that context, nothing in this Regulation should be construed as deviating from the obligations of providers of very large online platforms pursuant to Articles 28, 34 and 35 of Regulation (EU) 2022/2065 and Article 28b of Directive 2010/13/EU.
(52) It is justified, in view of an expected positive impact on the freedom to provide services and the freedom of expression, that where media service providers comply with certain regulatory, co-regulatory or self-regulatory standards, their complaints against decisions of providers of very large online platforms be treated with priority and without undue delay.
(53) To that end, providers of very large online platforms providing access to media content should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility to reject such self-declarations where they consider that those conditions are not met.
When a media service provider declares itself compliant with regulatory requirements or a co-regulatory or self-regulatory mechanism, it should be able to provide the contact details of the relevant national regulatory authority or body or of the representatives of the co-regulatory or self-regulatory mechanism, including those provided by widely-recognised professional associations representing a given sector and operating at Union or national level.
Where there is a reasonable doubt, that information would enable the provider of a very large online platform to confirm with those authorities or bodies whether the media service provider is subject to such requirements or mechanisms. Where relevant, providers of very large online platforms should rely on information regarding adherence to those requirements, such as the machine-readable standard of the Journalism Trust Initiative, developed under the aegis of the European Committee for Standardisation, or other relevant codes of conduct.
Recognised civil society organisations, fact-checking organisations and other relevant professional organisations recognising the integrity of media sources on the basis of standards agreed with the media industry should also have the possibility to flag to the providers of very large online platforms any potential issue regarding compliance by media service providers with the relevant requirements for the self-declaration. Guidelines issued by the Commission would be key to facilitate an effective implementation of such a functionality.
Those guidelines should contribute to minimising the risk of potential abuse of the functionality, in particular by media service providers that engage systematically in disinformation, information manipulation and interference, including those controlled by certain third countries, taking into account the criteria to be developed by the Board regarding media service providers from outside the Union.
For that purpose, those guidelines could cover arrangements related to the involvement of recognised civil society organisations, including fact-checking organisations, in the review of the declarations or to the consultation of national regulatory authorities or bodies or co-regulatory or self-regulatory bodies.
(54) This Regulation recognises the importance of co-regulatory and self-regulatory mechanisms in the context of the provision of media services on very large online platforms.
Such mechanisms represent a type of voluntary initiative, for instance in the form of codes of conduct, which enables media service providers or their representatives to adopt common guidelines, including on ethical standards, the correction of errors or complaint handling, amongst themselves and for themselves. Robust, inclusive and widely accepted media self-regulation represents an effective guarantee of the quality and professionalism of media services and is key to safeguarding editorial integrity.
(55) Providers of very large online platforms should engage in a dialogue with media service providers that respect standards of credibility and transparency and that consider that restrictions on or suspensions of their content are repeatedly imposed by providers of very large online platforms without sufficient grounds, in order to find an amicable solution for terminating any unjustified restrictions or suspensions and avoiding them in the future. Providers of very large online platforms should engage in such dialogues in good faith, paying particular attention to safeguarding media freedom and the freedom of information.
The Board should inform the Commission of its opinions on the outcome of such dialogues. The Commission could take such opinions into account in the context of the enforcement of Regulation (EU) 2022/2065.
(56) Building on the useful role played by ERGA in monitoring compliance by the signatories of the EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to foster access to diverse offerings of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation, including as regards the moderation processes by very large online platforms, and to monitor adherence to self-regulatory initiatives aimed at protecting users from harmful content, including those which aim to counter disinformation.
The Commission could, where relevant, examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the Union as part of its enforcement of Regulation (EU) 2022/2065 and could ask the Board to support it for that purpose.
(57) Recipients of media services providing programmes should be able to effectively choose the content they want to watch or listen to according to their preferences. Their freedom to choose content could, however, be constrained by commercial practices in the media sector, such as agreements for content prioritisation between media service providers and manufacturers of devices or providers of user interfaces controlling or managing access to and the use of media services providing programmes, such as connected televisions or car audio systems.
Prioritisation can be implemented, for example, on the home screen of a device, through hardware settings or software shortcuts, applications and search areas, which have implications on the recipients’ behaviour, who might be unduly incentivised to choose certain media offerings over others. User choice could also be limited by closed circuits of pre-installed applications. Users should be able to change, at any time, in a simple, easily accessible and user-friendly manner, the configuration, including default settings, of a device, such as a remote control, or of a user interface controlling or managing access to and the use of media services providing programmes.
That should be understood as covering all the customisation features of devices or user interfaces which orientate or guide users in their choices as regards the media services or content they wish to access and which allow them to find or discover such services or content, taking into account the goal of fair access to media services in all their diversity, from the perspective of both users and media service providers.
That right should not extend to individual items, such as programmes, within an on-demand service catalogue and is without prejudice to measures intended to ensure the appropriate prominence of audiovisual media services of general interest implementing Article 7a of Directive 2010/13/EU as well as those implementing Article 7b of that Directive, taken in the pursuit of legitimate public policy considerations.
Manufacturers, developers and importers should be able to demonstrate the effective user-friendliness of the functionality required when placing their relevant products on the market. Member States should ensure, by appropriate measures, that devices and interfaces placed on their market by relevant market players comply with the relevant requirements set out in this Regulation. That could be achieved by monitoring the application and effectiveness of the actions taken by such market players.
(58) Visual identities of media service providers consist of brands, logos, trademarks or other characteristic traits and enable recipients of media services providing programmes to determine easily who bears the editorial responsibility for the service. Visual identities are also a key competitive asset for media service providers, enabling them to differentiate their media offering on the market.
Therefore, it is important that visual identities of media service providers providing programmes are preserved when users access their media services through different devices and user interfaces. To that end, manufacturers, developers and importers of devices and user interfaces should make sure that such visual identities as provided by such media service providers are not removed or modified.
(59) In order to ensure a level playing field in the provision of diverse media services providing programmes in the face of technological developments in the internal market and to ensure fair access to media services in all their diversity, it is necessary to promote the development of common harmonised standards for devices and user interfaces controlling or managing access to and the use of media services providing programmes or digital signals conveying the content from source to destination. In that context, it is important to avoid diverging technical standards which create barriers and additional costs for the industry and consumers, while encouraging the development of solutions to implement existing obligations concerning media services.
(60) Different legislative, regulatory or administrative measures could be justified and conducive to media pluralism. However, some measures could hinder or render less attractive the exercise of the freedom of establishment and the freedom to provide services in the media sector, to the detriment of media pluralism or the editorial independence of media service providers operating in the internal market.
Such measures can take various forms, for example rules to limit the ownership of media undertakings by other undertakings active in the media sector or non-media related sectors. They also include decisions related to licensing, such as revoking or making more difficult the renewal of media service providers’ licences, and decisions related to the authorisation or prior notification of media service providers.
In order to mitigate their potential negative impact on media pluralism or the editorial independence of media service providers operating in the internal market and to enhance legal certainty in the internal market for media services, it is important that such measures comply with the principles of objective justification, transparency, non-discrimination and proportionality. Administrative measures that are liable to affect media pluralism or editorial independence should be adopted within predictable timeframes.
Such timeframes should have a sufficient length to ensure an adequate assessment by media service providers of the measures and their foreseeable consequences. Moreover, media service providers which are individually and directly affected by regulatory or administrative measures should have the right to appeal such measures before an independent appellate body. If the appellate body is not a court, it should have the adequate resources necessary for its effective functioning.
Note: This is the final text of the European Media Freedom Act (EMFA) - Regulation (EU) 2024/1083 of 11 April 2024.