EU media 'freedom law' allows for journalist arrests if justified by 'public interest'

The European Media Freedom Act is now in effect across all EU member states. This legislation aims to protect press freedom and the confidentiality of sources.

However, Article 3 (b) and 4 (c) of the act allow for journalist arrests if justified by a compelling "public interest" on a case-by-case basis.

“Member States shall not take any of the following measures… detain, sanction, intercept or inspect media service providers”… unless it “is justified on a case-by-case basis by an overriding reason of public interest.”

The new law also contains numerous provisions that call for action against alleged "disinformation." Ursula von der Leyen, EU Commission President, stated, “A free and independent press is an essential pillar of our democracy.”

The law includes surveillance provisions for serious crimes, such as "terrorism and racism." It mandates cooperation among national regulatory bodies to "combat misinformation."

In addition, "national lists" are to be created listing the owners and addresses of media outlets, as stipulated in Article 6. Despite its intent to strengthen media freedom, critics argue it may further restrict journalism under the guise of protection.