In an ideal world, there would be no need for any specific political intervention for editorial media. The media would be entirely politically independent, without concern over shifting political trends.
But in such a world, there would be no illiberal politicians more invested in consolidating their own power than in respecting the media’s societal and independent role, supporting critical journalism, and maintaining a broad, open space for public discourse. There also would be no gigantic, technology-based companies – many times larger than any media company in the world – abusing their monopoly-like market power to pressure the editorial media both financially and in other ways.
Unfortunately, the world is not ideal, which means there is a need for some regulatory intervention to uphold the most important journalistic principles across Europe. This is why Schibsted supported the European Media Freedom Act (EMFA). We did this out of solidarity with our peers in other markets that are in need of such regulations, but also because we believe that it is important to ensure that editorial media in Europe can be free from external influence from governments, owners and social networks.
Fundamental protection is key
According to the Media Pluralism Monitor (MPM), “Fundamental protection” is key for upholding media freedom and media pluralism. It includes protection of freedom of expression, and laws and regulations that ensure free access to information. MPM2024 shows a slight increase in the assessed risk for this indicator over the past two years. However, the researchers behind MPM expect lower risk on certain parameters in the coming years, mainly resulting from new legislation, both nationally and at the EU level.
New EU regulations, primarily the European Media Freedom Act and the Directive on Strategic Legal Actions Against Public Participation (SLAPPs), are expected to have positive effects on “Fundamental protection” in the coming years. It’s also expected that landmark regulations, such as the Digital Services Act (DSA) and the Digital Markets Act (DMA), will have a positive impact.
For these new rules to be impactful, they need proper implementation and efficient enforcement in all EEA Member States This view is shared by many others, such as the Greek media researcher, Associate Professor Lambrini Papadopoulou, in Part 1 of this report. When asked what she expects from EU politicians regarding the safeguarding of editorial media in a country facing significant challenges in democratic development and editorial media conditions, one might have expected proposals for comprehensive new measures from the EU. But her response is clear:
“This is about implementing the laws and regulations they have already adopted. At the moment, there is no need for new rules, but rather to ensure that the existing ones are being followed,” Papadopoulou said.
A systematic problem
Laws that are not enforced have no significance, and if more laws go unenforced, it becomes a systemic problem. When it becomes a systemic issue, it can undermine the authority and trust in the EU as a political system.
This report does not examine which editorial media policies should be addressed at the national level versus those best handled by the EU. However, many EU rules designed for the digital market also apply to the media sector. The EU also increasingly views protecting free and independent media as part of protecting democracy. This was the case with the EMFA and can now be seen in the political priorities of re-elected President of the European Commission, Ursula von der Leyen. According to Von der Leyen, the new European Commission will propose a European Democracy Shield to, among other things, “guarantee a reliable information framework”. For this, the EU must support an independent press, continue to ensure rules are observed by digital giants, and further encourage media literacy programs. At the time of writing, it is unclear what measures the new EU Commission will take to support an independent press. However, it is crucial to understand that editorial media will play a unique role in society – a role fundamentally distinct from that of platforms.
An essential distinction
Editorial media are responsible for producing and financing content that informs, educates, and provides critical analysis of events and issues. Platforms, on the other hand, serve primarily as intermediaries, facilitating the distribution of content but without the same obligations to journalistic integrity and societal oversight. Recognizing and preserving this distinction is essential in regulatory processes, ensuring that editorial media are not inadvertently harmed by regulations aimed at tech platforms.
Based on this report’s findings, and as a contribution to the upcoming discussion on the role of a free and independent press in the European Democracy Shield, we urge regulators to think carefully when introducing new rules to avoid unintentionally hampering editorial media. We see this as a matter that must be addressed at the EU level now.
The mechanisms to prevent unintended harm to editorial media in the process of regulating the digital market include:
Firstly, it is important to target regulations to more clearly address the perceived problems. As an example, the Digital Services Act (DSA) and the Digital Markets Act (DMA) include rules that are based on size, dominance and behavior. This kind of risk-based approach is needed, which could also take into consideration elements such as the nature of the businesses and their societal importance.
Secondly, we propose to introduce an “editorial media assessment test”, inspired by article 20 in the EMFA:
“1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the operation of media service providers in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non-discriminatory.”
This test would be a central part of any legislative proposal by the EU Commission and assess the impact of the proposal on free and independent media in Europe. The test would evaluate how the proposal would affect the above-mentioned prerequisites of relevance/trust, reach, and innovation, which are key to sustaining the societal role of media companies.
In addition, we refer to our own Policy Manifesto 2024-2029 that includes concrete measures for protecting a sustainable media sector in Europe.
Thirdly, we wish to highlight the importance of facilitating innovation and fostering engagement to support the emergence of a new generation of editorial media in Europe.
We can safely conclude that the editorial media in Europe is dominated by old, and in some cases very old, actors. Some of them are actively innovating at a relatively high level, while others lag. At the same time, we see new players emerging. To successfully revitalize the strength of the journalistic function in EU countries, it is essential to create conditions that enable both established and emerging players to succeed.
Many EU countries have reduced VAT on editorial products, but only a handful of countries have zero VAT, like Norway. Our experience is that this tax exemption is by far the most effective form of media support, primarily because it makes it possible to offer quality products at a reasonable price, even in small markets. We mention this with full awareness that VAT rates are a matter for member states, not the EU.
Any comprehensive plan to promote European journalism and strengthen liberal democracies should also consider various complementary measures. These could include removing barriers to establishment, and employing tax and fiscal policy instruments, such as payroll tax adjustments, media subsidies, and innovation grants.
In summary, we offer recommendations across three key areas:
- Ensure that the regulations already adopted are implemented and respected
- Introduce a “media assessment test” to ensure that digital regulations do not lead to unintended consequences for editorial media, and
- Support innovation to stimulate a new generation of editorial media services
Ultimately, it is essential for politicians, media owners, and media leaders to collaborate and look for opportunities together. The EU’s liberal democracies are foundational to our civilization, values, and security – deeply rooted in a long-standing cultural and historical context in some countries, and a relatively recent achievement in others.
A continued shift away from the principles of liberal democracy is a challenge not only for the countries that lean toward illiberalism but for all of Europe. In this context, ensuring citizens’ access to free, independent, relevant, and reliable information is essential for progress. Few initiatives are as aligned with the ambition of the “European Democracy Shield” as this collective effort.
