Source: European Parliament
The Commission does not comment on specific individual cases falling within Member States’ competence. If they consider that national measures infringe their rights, citizens and businesses can resort to the competent national authorities.
Safeguarding media freedom and pluralism, as enshrined in the EU Charter of Fundamental Rights[1], has been at the heart of the Commission’s efforts to uphold democracy and the rule of law in the EU.
The European Media Freedom Act (EMFA)[2] sets out a reinforced framework for media service providers. Article 4(1) of the EMFA, which will apply as of 8 February 2025, establishes that media service providers shall have the right to exercise their economic activities freely in the internal market, subject only to restrictions in line with EU law.
Recital 16 clarifies that such restrictions may derive from measures applied by national public authorities in compliance with EU law.
The EMFA also introduces a targeted set of rules requiring Member States to respect the editorial freedom and independence of media service providers and to refrain from interfering in core aspects of their activities, such as editorial decisions, journalistic sources, and communications.
Nonetheless, the EMFA also provides for derogations which allow Member States to take such measures when certain substantial and procedural conditions are fulfilled.
As part of its annual Rule of Law Report[3], the Commission assesses the situation regarding media freedom and pluralism in all Member States, including Germany.
The chapter on Germany describes the well-established federal legal framework guaranteeing media freedom and pluralism, based on multiple levels of safeguards and oversight[4].
- [1] https://commission.europa.eu/aid-development-cooperation-fundamental-rights/your-rights-eu/eu-charter-fundamental-rights_en
- [2] https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/new-push-european-democracy/protecting-democracy/european-media-freedom-act_en
- [3] https://commission.europa.eu/document/download/27db4143-58b4-4b61-a021-a215940e19d0_en?filename=1_1_58120_communication_rol_en.pdf
- [4] https://commission.europa.eu/document/download/3d1a2f80-5989-4364-a9e6-d925d4a1c900_en?filename=16_1_58059_coun_chap_germany_en.pdf