On 2 December, Professor Elda Brogi took part in a public hearing organised by the Committee on Culture and Education at the European Parliament. Professor Brogi presented the preliminary results of a CMPF study on the implementation of the European Media Freedom Act (EMFA) across Member States.
The study, carried out by the Centre for Media Pluralism and Media Freedom (CMPF) at the European University Institute in Florence, examines how EU countries are preparing to apply the new Regulation. Professor Brogi, Deputy Director of the CMPF and scientific lead of the Media Pluralism Monitor, opened her intervention by outlining the twofold aim of the study: First, to analyse and interpret the key articles of EMFA and identify the concrete measures that Member States will need to adapt, and second, an overview of how selected countries are already implementing the EMFA.
The research is being completed in two phases. The first, presented at the hearing, focuses on the core substantive provisions of the Act—including the rights of media service providers, safeguards for independent Public Service Media, duties of media providers, access to media in the digital environment, market functioning requirements, and transparency in state advertising. It covers five countries: Croatia, Finland, Hungary, Italy and the Netherlands. A second part, dedicated to governance structures and an expanded set of Member States, will be finalised in February 2026.
Diverging national approaches and early trends
Professor Brogi stressed that EMFA implementation remains “very much ongoing”, with Member States adopting widely divergent approaches. Finland emerged as the most proactive, preparing reforms to enter into force by August 2025.
Hungary, by contrast, has challenged the legal basis of the Act before the Court of Justice of the EU.
Most other Member States display a selective approach, intervening only where clear gaps have been identified.
Across countries, several themes dominate the early implementation debate:
- Reforms of Public Service Media;
- Introduction of the media plurality test;
- New transparency obligations for media service providers;
- Rules governing state advertising, and;
- The reform and strengthening of media authorities.
Safeguards for Independent Public Service Media – Article 5
Article 5 marks the first time that EU law directly addresses Public Service Media (PSM) within the internal market framework. The article requires Member States to guarantee that PSM are editorially and functionally independent, with governance, funding and independent monitoring that protect them from political interference.
Professor Brogi emphasised three essential components:
Governance – appointment and dismissal procedures should be pluralistic, merit-based and protected from political capture;
Funding – mechanisms must be transparent, sustainable and adequate, ideally on a multi-annual basis;
Independent monitoring – oversight bodies must be independent, with a mandate to ensure compliance of art 5.
Across the countries studied, the issue remains strongly debated. Finland has already adopted reforms to strengthen the independence of YLE. Italy is discussing a bill to reform RAI, though concerns remain regarding the potential for majority control overboard appointments. Debates are ongoing in Croatia and the Netherlands.
Duties of Media Service Providers – Article 6
Article 6 introduces obligations on ownership transparency and editorial integrity. Member States are encouraged to establish national databases and monitoring mechanisms based on harmonised criteria.
Implementation varies significantly. Croatia has already created a media ownership platform; Finland’s regulator Traficom is preparing a new database; Italy relies on existing systems (ROC and IES); and the Netherlands is mapping best practices. Hungary still lacks comprehensive beneficial-ownership transparency.
Media Plurality Test – Article 22
One of EMFA’s most important innovations, as it introduces a media plurality test for assessing mergers and market concentrations. This provision requires Member States to integrate such assessments into national law and clarify how they interact with competition rules.
Finland has adopted a new law assigning Traficom a 65-day window to conduct a plurality assessment. Croatia has drafted legislation, while Hungary and Italy have yet to intervene. The Netherlands has applied EMFA principles in a recent merger decision despite not having a dedicated law.
Allocation of State Advertising – Article 25
Article 25 requires transparent, objective and non-discriminatory criteria for the allocation of state advertising, alongside centralised digital platforms for publishing expenditure data.
Finland has developed detailed monitoring obligations and will establish a national repository to ensure public access to information. Croatia is drafting new rules, while Italy and Hungary have taken no steps so far. The Netherlands continues to rely on general procurement rules.
Limited progress on protection of sources and digital access provisions.
Two areas show notably limited national action:
Protection of journalistic sources and the ban on spyware (Article 4). EMFA establishes stringent rules prohibiting spyware use against journalists except under narrowly defined conditions. Across the five countries, no significant reforms have been introduced. Existing legislation is considered sufficient in Finland; Croatia is consulting; Hungary and Italy have not acted despite relevant cases; and recent reforms in the Netherlands are deemed insufficient.
Access to media services on very large platforms (Articles 18–19). Implementation will largely occur at EU level, and key Commission guidelines are expected in 2026. VLOPs have not yet provided the required tools, and structured dialogues under Article 19 are still being established.
Concluding reflections
Professor Brogi underlined that while discussions are active across Member States, concrete reforms remain limited and uneven. She recalled that EMFA is a Regulation and therefore directly applicable, stressing the importance of timely and coherent national action.
Her testimony highlighted both the challenges and the transformative potential of EMFA. She welcomed the Regulation as an important milestone for media freedom in the EU and encouraged MEPs to build on the momentum.
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