Don’t mistake protection for censorship

The implementation of the European Media Freedom Act (EMFA) was the focus of discussions at the fourth meeting of the European Board for Media Services, held on December 10 in Barcelona.
Luxembourg was represented by Marc Glesener, Chairman of the Board of Directors of the Luxembourg Independent Audiovisual Authority (ALIA), Cindy Bauwens, Director of ALIA, and Myriam Mossong, responsible for European matters.
The EMFA is a European piece of legislation aimed at strengthening editorial independence and media pluralism in the European Union. It ensures greater transparency on media ownership and state advertising and establishes common rules applicable to all media service providers, both public and private.
The regulation has been fully applicable since August 2025, with the exception of one provision that will enter into force in 2027.
Unlike a directive, EMFA does not require transposition. However, some national adjustments are still necessary to clarify procedures and designate competent authorities. To date, only Denmark and Finland have finalized their national implementation. In Luxembourg, a bill has been introduced to organize this enforcement framework.
The European Commission will actively monitor compliance with the EMFA. However, its implementation could meet with resistance in Member States where media freedom is already fragile and comes at a time when the legal basis of the regulation is being reviewed by the CJEU. The real impact of the regulation will therefore depend on the willingness of countries to apply its provisions consistently and effectively.
The Media Board brings together the national media regulatory authorities of each Member State, including ALIA. Its main role is to strengthen cooperation between these authorities and ensure the harmonized application of European rules on media freedom and pluralism. It also contributes to the evaluation of the existing European framework, whether it be assessing whether the AVMSD remains adapted to rapid developments in the sector, identifying opportunities to streamline the rules, or enhancing the visibility of media services.
In this context, the Media Board may be called upon to examine sensitive situations, in particular mergers that are likely to have a significant impact on media pluralism. It was recently asked to assess the takeover of the Hungarian tabloid Blikk by the Indamedia group, a case that provides a concrete illustration of the mechanisms provided for by the EMFA to ensure transparent, objective, and proportionate analysis when a transaction raises uncertainties.
More broadly, the Media Board can issue opinions on national measures that have an impact on the media, analyze the risks of concentration, and contribute to the prevention of state or foreign interference. It can also make recommendations, adopt guidelines, and act as a guarantor of editorial independence throughout the Union. The aim is to build a more transparent, fair, and resilient European media space.
“Media regulation and censorship are two different concepts that are often confused. While censorship generally means direct control or suppression of information by the state or other authorities, media regulation aims to ensure that the media operates fairly and responsibly,” explains Marc Glesener.
“In a democracy, the media must be able to report without pressure, and citizens must have access to diverse and reliable sources. This is precisely what regulation protects: it creates the conditions for free, responsible, and pluralistic public debate,” concludes Cindy Bauwens.