The European Parliament's Culture Committee adopted a position on the European Media Freedom Act (EMFA), which includes a controversial provision exempting media outlets from content moderation on large online platforms. The Computer and Communications Industry Association Europe notes this decision and calls for a careful assessment of the impact of Article 17 on disinformation by MEPs and Member States before the plenary vote next month, according to a Sept. 7 news release.
“The proposed media exemption is a dangerous loophole that could be used to spread harmful content and undermine our democracy," CCIA Europe’s Senior Policy Manager Mathilde Adjutor said in the release. "CCIA Europe calls on EU policymakers to close this loophole and ensure that the European Media Freedom Act complements, rather than undermines, the Digital Services Act’s ongoing implementation.”
This exemption could potentially enable malicious actors, masquerading as self-proclaimed media outlets, to disseminate false information for a full 24 hours before these platforms can intervene, the release reported. CCIA Europe argues the existing Digital Services Act (DSA) provides a robust framework for safeguarding online media freedom and pluralism.
Consequently, CCIA Europe asserts the EMFA should not introduce a contradictory content moderation system, according to the release.
Initially, the concept of a straightforward, dedicated procedure for managing media content within the EMFA seemed logical and would have complemented the DSA. However, the proposal put forth by Members of the European Parliament (MEPs) for a distinct moderation framework based on the claimed identity of media content providers, rather than the content's nature, raises concerns about potential loopholes for disinformation, the release said.
While MEPs attempted to enhance the self-declaration process for media outlets and have suggested exemptions to content restrictions to better protect children, these revisions are viewed as insufficient in addressing the fundamental issues with Article 17, the release reported. One of the critical areas still lacking improvement is the definition of "media service providers."
Furthermore, an obligation for media content was introduced, requiring news outlets to have 24 hours to respond to content moderation decisions. During this time, very large online platforms are prohibited from taking any corrective action, according to the release.
This rule now applies to both content suspensions and restrictions, potentially complicating the presentation of age-appropriate content or the obscuring of violent imagery. In practical terms, this implies that malicious actors could easily impersonate media outlets and disseminate fake news for an entire day before these major online platforms can remove the content, the release said.
The European Parliament is scheduled to vote on its stance regarding EMFA in the plenary session next month. Despite the limited time remaining in this legislative term, CCIA Europe urges MEPs and the 27 Member States to thoroughly evaluate the impact of Article 17 on disinformation, the release reported.
