European Media Freedom Act Introduces New Requirements for MSPs and VLOPs
Under the European Media Freedom Act (EMFA), Very Large Online Platforms (VLOPs) are subject to specific requirements designed to protect media freedom and pluralism.
Scope and Definition
VLOPs, defined as platforms with over 45 million monthly users designated by the European Commission, are subject to obligations under EMFA whether or not they exercise editorial control.
Content Moderation and MSPs
VLOPs must implement safeguards when moderating content from declared Media Service Providers (MSPs), ensuring procedural safeguards before removal or restriction of media content to avoid arbitrary or discriminatory decisions.
Self-Declaration Mechanism
MSPs must complete a self-declaration attesting their status and compliance with editorial standards and independence criteria. VLOPs are obliged to recognize these declarations fairly and cannot implement overly narrow or discriminatory criteria for acceptance.
Requirements for VLOPs
- VLOPs must provide a simple, free, and user-friendly declaration system allowing MSPs to register their editorial independence easily.
- They should allow one declaration to cover all accounts controlled by a single media outlet, enabling centralized content moderation correspondence.
- VLOPs must designate qualified interlocutors knowledgeable in media law and standards to handle disputes and dialogue with MSPs effectively.
- They must ensure non-discriminatory access to the declaration system, including for independent, freelance, or exiled journalists, and avoid bias towards large or institutional media entities.
- VLOPs must actively avoid giving platforms excessive discretion to reject valid media declarations, thus protecting pluralism and editorial freedom.
New Obligations Effective Date
The EMFA obligations for VLOPs came into force on 8th August 2025, with further detailed guidelines and adjustments potentially arriving from autumn 2025 aimed at refining compliance.
Broader Context
These rules complement but expand upon the Digital Services Act by introducing specific protections for traditional and digital media content, aiming to shield editorial independence and combat arbitrary moderation and shadow banning.
In summary, VLOPs under EMFA must facilitate a fair, transparent, and media-protective content moderation environment for MSPs via accessible self-declaration systems and qualified engagement, thereby safeguarding a diverse media ecosystem in the EU.
- Under the European Media Freedom Act (EMFA), technology platforms with over 45 million monthly users, referred to as VLOPs, are obligated to address the financial aspect of Media Service Providers (MSPs), ensuring they provide a straightforward, free, and user-friendly declaration system for MSPs to register their editorial independence – a vital step in maintaining media freedom and pluralism in the context of general-news and politics.
- As the EMFA requires VLOPs to engage with MSPs in a fair and non-discriminatory manner, they must take technological measures when moderating content from these providers, striving to avoid arbitrary or discriminatory decisions that could infringe upon media freedom, digital rights, and the broader politics of the European Union.
