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On 6 February, the European Commission published guidelines for implementing EMFA Article 18, requiring very large online platforms to establish self-declaration mechanisms for regulated media. The EBU welcomes the guidance as a useful tool to clarify platforms’ obligations and protect media content from unjustified removal or restriction.

On 6 February, the European Commission published its implementation guidelines for Article 18 of the European Media Freedom Act (EMFA). This provision requires very large online platforms (VLOPs) to set up a self-declaration mechanism to ensure that regulated media outlets can be identified and their content protected from arbitrary shadow-bans and take downs without consultation. The EBU welcomes the publication of the guidelines as a valuable additional resource to clarify how Big Tech should meet their new responsibilities under the EMFA.

“Big Tech has run out of excuses. The EMFA has entered into application six months ago, and now the Commission has followed up with practical guidelines. It’s time for action”, said the EBU’s Senior Policy Adviser, Thomas Bergmann. “Platforms continue to fall short of their obligations, behaving as though they are above the law. We urge the Commission and the Board to step up their oversight and engage directly with Big Tech to ensure compliance. European media outlets should not have to wait any longer to exercise their rights under the EMFA."

In December, the EBU already called on Big Tech platforms to get right with their obligations under EMFA Article 18 with the Trusted Media = Protected Post campaign, which featured a how to guide on good faith implementation Article 18 of the EMFA by Big Tech platforms. The European Commission’s guidelines, while remaining relatively high-level, include a number of practical recommendations that align closely with our publication.

In particular, the Commission recommends that platforms’ self-declaration mechanisms for media service providers should be easy to find and use, notably through a dedicated and prominent interface feature linked to the providers’ accounts. The guidelines also stress the importance of actively promoting the mechanism, making it available in all official EU languages, and using a standardised, pre-compiled questionnaire format. Further recommendations include allowing providers to declare multiple accounts in one submission, receive automated acknowledgements with clear contact details, and monitor, update or withdraw their declarations at any time.