Publication of guidelines relating to Article 18 of EMFA

IRIS 2026-3:1/6

Paola Bellissens

Media Law Expert

On 6 February, the European Commission published guidelines relating to Article 18 of the European Media Freedom Act (EMFA). This article introduces safeguards to protect content on online platforms, and professional journalism in particular, from unjustified removal. The guidelines follow a targeted consultation involving a range of stakeholders including media service providers, civil society organisations, fact-checking bodies, the regulatory authority and representatives of the providers of very large online platforms (VLOPs).

Within this framework, VLOPs are required to inform media service providers in advance when they are considering removing or restricting content, and must explain the reasons for their decision. They must also allow a period of 24 hours for the media concerned to respond or provide explanations before definitively deleting the content. The Commission's guidelines set out the procedures for implementing these guarantees.

To benefit from these protections, media service providers must submit a declaration attesting that they meet certain criteria, particularly in terms of editorial independence and journalistic liability. This declaration must be made using a specific functionality that VLOPs must put in place. This should enable professional media to be identified and the guarantees set out in the EMFA to be applied correctly. For example, it is recommended that this functionality should be clearly visible on the interface, so that service providers can easily find and access it. The guidelines also suggest that the functionality should take the form of a questionnaire consisting of a pre-compiled list of checkboxes. They also state that, in the event of doubt as to whether the media service provider is complying with what it has declared, VLOPs should consult the relevant national regulatory authority or body or the relevant co-regulatory or self-regulatory mechanism. The Commission's guidelines thus aim to facilitate the implementation of this functionality while helping to minimise the risk of potential abuse, in particular by media service providers that systematically engage in disinformation, information manipulation and interference, including those controlled by certain third countries.