Kiri

Saatja: José Guimarães <[email protected]> Saadetud: 12.05.2023 12:05 Adressaat: KUM min <[email protected]> Koopia: <[email protected]>; Andres Jõesaar <[email protected]>; Heili Jõe <[email protected]>; Vanessa De Palma <[email protected]>; Ilias Konteas <[email protected]> Teema: Letter on the EMFA discussion at the Culture Council meeting of 16 May Manused: image001.png; image002.png; EMMA-ENPA_Letter on EMFA_12.05.2023.pdf Dear Minister, Ahead of the Culture Council meeting of 16 May, in which the European Media Freedom Act (EMFA) will be discussed, please refer to the letter attached from the European Magazine Media Association (EMMA) and the European Newspaper Publishers’ Association (ENPA) calling on the Council not to move towards a political agreement as the conditions for a General Approach on this file are not yet in place. As representatives of the vast majority of European publishers of newspapers, magazines, periodicals and specialised press, we believe that more time is needed to fully assess the potential impact of this proposal, to find compromises that preserve functioning national approaches, and to address any legal concerns that have arisen. The EMFA will lead to a significant shift of competences from the national level to the EU and will inevitably change national and European media policy going forward. We therefore encourage the Republic of Estonia to highlight at the forthcoming Council that more time for discussions and further changes are needed. Thank you for your attention. We remain at your disposal for any additional information or clarification. Yours sincerely, José Guimarães, on behalf of Ilias Konteas Executive Director, EMMA & ENPA [email protected]| [email protected] T : +32 (0)2 536 06 03 M : +32 (0)494 074 413 Rue de Namur 73A, B-1000 Brussels www.magazinemedia.eu | www.enpa.eu Ms. Heidy Purga Minister of Culture of the Republic of Estonia Brussels, 12 May 2023 Dear Minister, In light of the forthcoming meeting of the Education, Youth, Culture and Sport Council on 16 May, the European Magazine Media Association (EMMA) and the European Newspaper Publishers’ Association (ENPA), representing the vast majority of European publishers of newspapers, magazines, periodicals and specialised press, call on the Council not to move towards a political agreement on the European Media Freedom Act (EMFA). We believe that further discussions are needed before any decision is taken. The EMFA proposal touches on a sensitive field that has traditionally been regulated at Member State level. It therefore represents a significant paradigm shift that requires thorough negotiation and in-depth reflection. The European media landscape is diverse, and each Member State takes a different approach to media regulation, which includes different types of media that warrant different regulatory and self- regulatory approaches. These national approaches are often rooted in cultural specificities and legal and constitutional traditions. Finding a common denominator for a first-ever general European media law that takes sufficient account of the different functional approaches in the Member States requires careful consideration during the negotiations and that has not yet been achieved. These difficulties are also reflected in the Presidency's progress report, which emphasises that the EMFA is a first attempt by the EU to legislate in the field of media freedom, pluralism and editorial independence and that parts of the proposal “constitute the essence of national media policy and vary according to cultural and constitutional practices in the Member States”. It also highlights the difficulties in harmonising certain parts, while pointing out that more work is needed on most sections of the proposal. Moreover, the recent Opinion of the Council’s Legal Service has raised new questions about the legal basis of parts of the proposal. These questions cannot be ignored, especially given the sensitivity of media regulation. The delayed publication of such legal opinion might have also limited the time available for Member States to finalise their national position on the EMFA. We therefore believe that more time is needed to fully assess the potential impact of this proposal, to find compromises that preserve functioning national approaches that together create one of the most diverse media landscapes in the world, and to address any legal concerns that have arisen. Rushing into a decision in an area as sensitive as the media could have serious consequences, as the EMFA will lead to a significant shift of competences from the national level to the EU and will inevitably change national and European media policy going forward. For these reasons, we encourage you to highlight at the forthcoming Council that the conditions for a General Approach are not yet in place, and that more time for discussions and further changes are needed. Dear Minister, the regulation of the media in general and at European level in particular is not a decision to be taken lightly and we hope that you will give this matter the consideration it deserves. Thank you for your attention and we remain at your disposal for any additional information or clarification. Yours sincerely, Ilias Konteas Executive Director for EMMA/ENPA