CIVIL LIBERTIES UNION FOR EUROPE
About this report
The Media Freedom Report 2024 is the third annual report on media freedom in the European Union (EU) produced by the Civil Liberties Union for Europe (Liberties). It is based on data and input from Liberties’ member and partner organisations and complements Liberties’ annual Rule of Law Report.
The Media Freedom Report discusses relevant legislative and regulatory action at EU and national level during 2023 and maps the main trends and developments in media freedom in 19 EU Member States, namely: Belgium, Bulgaria, Croatia, Czech Republic, Estonia, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, the Netherlands, Poland, Romania, Slovakia, Slovenia and Sweden. This report also sets forth a list of recommendations to the EU institutions to improve the media landscape in Europe and better protect media freedom and pluralism across the Union. As in previous editions, this report covers three primary areas: media freedom and pluralism, safety and protection of journalists, and freedom of expression and information. Additionally, this year’s report features a new chapter dedicated to the European Media Freedom Act – landmark legislation that has myriad implications for media freedom and pluralism in the EU.
Strong and stable democracy cannot exist without a free and pluralistic media. It is not a coincidence that in countries where rule of law is eroding, so too is media freedom. This report serves as a monitoring exercise to expose and help prevent further violations of media and press freedom and the rights to freedom of expression and to information. As documented herein, media freedom and pluralism still stand perilously close to the breaking point in many EU countries, and must be almost fully resuscitated in some. How effectively the European Media Freedom Act is enforced could be decisive to the media’s future in Europe, and this report supports advocacy work and sets forth recommendations to that end.
Context
There were several events that occurred in 2023 that shaped media environments domestically or at European level. Elections in Poland, the Netherlands and Slovakia upended the political landscapes in each country. In Poland and Slovakia, this could also reshape the media landscape – indeed, one of the Tusk government’s first actions upon taking power was aimed at depoliticising Poland’s public service media. In Slovakia, Robert Fico’s return to power last year coincided with a 10% drop in public trust in the media compared with 2022.
Last year also saw significant legislative developments. The EU adopted the Anti-SLAPP Directive, which should provide journalists with much-needed protection from abusive crosborder lawsuits intended solely to silence or intimidate them, and provides a great starting point for the implementation of national laws. The Digital Services Act (DSA) is in full effect across the Union since February 2024, and Member States are obliged to appoint a coordinator to monitor the law’s implementation. The DSA is aimed, in part, at creating a safer environment for users of online platforms by creating more transparency around content moderation, limiting targeted advertising, and combating the proliferation of illegal content, hate speech and digital violence that pervades social media, all interlinked with access to information and freedom of expression. The European Media Freedom Act (EMFA) achieved final political agreement in 2023, and the last vote before its adoption as law occurred in early 2024. The EMFA is a significant step forward in addressing the issues of media freedom and pluralism and journalists’ safety. Although it could have been stronger in several key areas, the EMFA should help protect free media – if it is properly enforced (for analysis of the key points in the EMFA, see the chapter “The European Media Freedom Act”).
Key findings
The overarching trends observed in last year’s report – heavy media ownership concentration, insufficient ownership transparency rules, threats to the independence and finances of public service media, widespread instances of threats, intimidation and violence against journalists, and restrictions on freedom of expression and access to information – continued in 2023. There were, however, several positive developments on certain issues in Member States and at EU level as well.
Media freedom and pluralism
Strong media ownership concentration continues to define domestic media markets, and little was done in 2023 to increase media ownership transparency. Media regulatory bodies struggled for resources and independence, and political and financial pressures continued to hamper media outlets, especially public service media, in many Member States.
>> Media ownership concentration is high in Croatia, France, Hungary, the Netherlands, Poland, Slovakia and Slovenia. The majority of a coun- try’s media companies being owned by a handful of individuals threatens the diversity of media voices and increases the risk of biased reporting.
>> Media outlets face increasingly uncer- tain financing frameworks. TV licence fees, an important source of income for public service media, are at the heart of financial challenges in France, Ireland and Slovenia. In Greece, Hungary and Romania, political expenditures on media advertising are high and disproportionately funnelled to government-friendly media.
>> Public service media (PSM) are under government control in Hungary and were in a state of uncertainty in Poland as the year closed, due to the recent change in government. In Croatia and Italy, there are growing concerns about government influence over PSM.
>> While many countries maintain inde- pendent media regulatory bodies, this is not the case in Hungary, where it is under government control, and in several other Member States, where current practices give the government too much influence over its structure, financial support or function.
>> Levels of public trust in media remain low, and reached an all-time low in the Czech Republic in 2023. Trust levels also declined over the last year in Estonia, Germany, Hungary, and Slovakia, and levels remained low in France and Greece in 2023.
Safety and protection of journalists
A safe working environment for journalists is a precondition for the full realisation of the right to freedom of expression, including freedom of the press. Journalists across Europe continue to face intimidation, surveillance, attacks and detention. In addition to these threats, they also face abusive lawsuits that drain time and resources and discourage them from pursuing stories. The EU Anti-SLAPP Directive and the European Media Freedom Act are two new pieces of legislation that will better pro- tect journalists.
>> Journalists in Croatia, France, Ger- many, Greece and Italy faced physical attacks in 2023, in addition to threats and intimidation. In Hungary and Slovakia, abuse and threats against journalists came from politicians.
>> Abusive lawsuits known as strategic lawsuits against public participation (SLAPPs) are frequently used against journalists in Croatia, Greece, Italy, the Netherlands and Sweden. It is important that the EU maintains a close eye on Member States’ transposition of the Anti-SLAPP Directive.
>> The use of Pegasus and Predator spy- ware continues to be a problem in the EU. In 2023, journalists in Germany, Greece, the Netherlands and Poland were targets of spyware surveillance. Also last year, a European Parliament committee report found that national security had been used as a pretext for the use of surveillance software against journalists in several EU coun- tries, including Greece, Hungary and Poland.
>> In Romania and Sweden, police failed to conduct sufficient investigations into attacks on journalists, either because of a lack of resources or a lack of will. In Bulgaria and France, the police them- selves were perpetrators of attacks on journalists in 2023.
Freedom of expression and information
Freedom of expression and access to information remain areas of concern for media in many EU Member States. Journalists who are critical of the government may find themselves excluded from press conferences or other offi- cial events, or denied access to documents that should be made available to them. Hate speech has not ebbed on social media, although legislative action in some Member States and by the EU may bring change in the future.
>> Civil society organisations in Bulgaria, Croatia, Estonia, Hungary, Ireland, Italy and Greece reported attempts to censor members of the press or other- wise restrict freedom of expression.
>> Hate speech remains widespread, particularly on social media, although governments in Germany, Ireland and Slovenia took actions to combat it in 2023.
>> Disinformation remains a serious issue in the Czech Republic, Greece and Italy. New legislation against disinformation could be counterproductive in Latvia and has already been used to target a journalist in Greece.
>> Restrictions on access to public interest information are a problem in many EU Member States, including Germany, Hungary, Lithuania and the Netherlands. Some governments continue to refuse journalists access either to documents or events.
(Civil Liberties Union for Europe, Exsecutive Summary of the Report 2024)
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