Saatja: José Guimarães <
[email protected]>
Saadetud: 12.05.2023 12:05
Adressaat: KUM min <
[email protected]>
Koopia: <
[email protected]>; Andres Jõesaar <
[email protected]>; Heili Jõe
<
[email protected]>; Vanessa De Palma <
[email protected]>; Ilias Konteas
<
[email protected]>
Teema: Letter on the EMFA discussion at the Culture Council meeting of 16 May
Manused: image001.png; image002.png; EMMA-ENPA_Letter on EMFA_12.05.2023.pdf
Dear Minister,
Ahead of the Culture Council meeting of 16 May, in which the European Media Freedom Act (EMFA) will
be discussed, please refer to the letter attached from the European Magazine Media Association
(EMMA) and the European Newspaper Publishers’ Association (ENPA) calling on the Council not to move
towards a political agreement as the conditions for a General Approach on this file are not yet in place.
As representatives of the vast majority of European publishers of newspapers, magazines, periodicals
and specialised press, we believe that more time is needed to fully assess the potential impact of this
proposal, to find compromises that preserve functioning national approaches, and to address any legal
concerns that have arisen. The EMFA will lead to a significant shift of competences from the national
level to the EU and will inevitably change national and European media policy going forward.
We therefore encourage the Republic of Estonia to highlight at the forthcoming Council that more time
for discussions and further changes are needed.
Thank you for your attention. We remain at your disposal for any additional information or clarification.
Yours sincerely,
José Guimarães, on behalf of
Ilias Konteas
Executive Director, EMMA & ENPA
[email protected]|
[email protected]
T : +32 (0)2 536 06 03
M : +32 (0)494 074 413
Rue de Namur 73A, B-1000 Brussels
www.magazinemedia.eu | www.enpa.eu
Ms. Heidy Purga
Minister of Culture of the Republic of Estonia
Brussels, 12 May 2023
Dear Minister,
In light of the forthcoming meeting of the Education, Youth, Culture and Sport Council on 16 May,
the European Magazine Media Association (EMMA) and the European Newspaper Publishers’
Association (ENPA), representing the vast majority of European publishers of newspapers,
magazines, periodicals and specialised press, call on the Council not to move towards a political
agreement on the European Media Freedom Act (EMFA).
We believe that further discussions are needed before any decision is taken. The EMFA proposal
touches on a sensitive field that has traditionally been regulated at Member State level. It therefore
represents a significant paradigm shift that requires thorough negotiation and in-depth reflection.
The European media landscape is diverse, and each Member State takes a different approach to
media regulation, which includes different types of media that warrant different regulatory and self-
regulatory approaches. These national approaches are often rooted in cultural specificities and
legal and constitutional traditions. Finding a common denominator for a first-ever general European
media law that takes sufficient account of the different functional approaches in the Member States
requires careful consideration during the negotiations and that has not yet been achieved.
These difficulties are also reflected in the Presidency's progress report, which emphasises that the
EMFA is a first attempt by the EU to legislate in the field of media freedom, pluralism and editorial
independence and that parts of the proposal “constitute the essence of national media policy and
vary according to cultural and constitutional practices in the Member States”. It also highlights the
difficulties in harmonising certain parts, while pointing out that more work is needed on most
sections of the proposal. Moreover, the recent Opinion of the Council’s Legal Service has raised
new questions about the legal basis of parts of the proposal. These questions cannot be ignored,
especially given the sensitivity of media regulation. The delayed publication of such legal opinion
might have also limited the time available for Member States to finalise their national position on
the EMFA.
We therefore believe that more time is needed to fully assess the potential impact of this proposal,
to find compromises that preserve functioning national approaches that together create one of the
most diverse media landscapes in the world, and to address any legal concerns that have arisen.
Rushing into a decision in an area as sensitive as the media could have serious consequences, as
the EMFA will lead to a significant shift of competences from the national level to the EU and will
inevitably change national and European media policy going forward.
For these reasons, we encourage you to highlight at the forthcoming Council that the conditions for
a General Approach are not yet in place, and that more time for discussions and further changes
are needed.
Dear Minister, the regulation of the media in general and at European level in particular is not a
decision to be taken lightly and we hope that you will give this matter the consideration it deserves.
Thank you for your attention and we remain at your disposal for any additional information or
clarification.
Yours sincerely,
Ilias Konteas
Executive Director for EMMA/ENPA