Have the article read by OpenAI (Beta). Please note that AI translations may take some time to process.Despite the entry into force of the European Media Freedom Act (EMFA) and the adoption of the EU Anti-SLAPP Directive, implementation gaps and legal loopholes continue to leave journalists – especially freelancers and those working in high-risk environments – vulnerable, says Maja Sever, president of the EFJ.
“We welcome the entry into force of the European Media Freedom Act (EMFA), but the experience of our affiliates across Europe shows that its real-life implementation faces serious obstacles. Our monitoring reveals persistent gaps: regulators without genuine independence and resources and continued political influence over public service media”, Sever told the European Newsroom (enr). She emphasised that the EFJ had made these points in a recent meeting with EU Commissioner for Democracy, Justice and Rule of Law Michael McGrath.
The EMFA, which came into force in August 2025, was hailed as a landmark regulation to protect media pluralism, editorial independence, and transparency across the EU. However, real-world implementation is faltering, journalist advocacy organisations such as Reporters without Borders complain. Some member states have delayed or resisted aligning national laws with EMFA requirements, particularly regarding the independence of public service media and protection of journalistic sources.
In some cases, states tweak national legislation to tighten political control over the media. Hungary, for example, has challenged the EMFA’s legal basis before the EU Court of Justice.
Sever said in her view, the main challenges on the national level were a lack of political will, weak regulatory capacity, an unclear sanctions mechanism as well as digital threats and surveillance.
“We believe the European Commission must define clear consequences for member states that fail to fully and genuinely implement EMFA, including financial and procedural sanctions, and should establish an operational plan with timelines, measurable indicators, and an escalation ladder of measures.”
So-called Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly used to intimidate and silence journalists, human rights defenders, and public watchdogs across Europe.
Notable SLAPP cases in the past years include Gaz System’s defamation suit against Polish journalists, the high-profile Realtid case in Sweden, and harassment of journalists in Malta following the assassination of Daphne Caruana Galizia.
The EFJ and the European Trade Union Confederation (ETUC) call for extending anti-SLAPP protections to all cases, not just cross-border ones, establishing effective early dismissal systems, tougher sanctions for abusive claimants, and dedicated legal and financial support funds for journalists—especially freelancers. “While we welcome the adoption of the EU Anti-SLAPP Directive, we believe that existing mechanisms are still insufficient. Currently, protection applies mainly to cross-border cases, whereas most abusive lawsuits are purely domestic and remain outside the Directive’s scope.”
Sever added that it was important to train judges and lawyers to recognise SLAPPS and to safeguard journalism in the public interest. Without a stronger legislative framework and practical support mechanisms, journalists remain exposed, the Croatian warned. “We therefore urge the EU and Member States to make anti-SLAPP policy a priority and to ensure that legal harassment aimed at silencing investigative journalism is stopped once and for all.”
More support for journalists ws needed in todays volatile environments.
“Our experience clearly shows that freelancers and journalists working in high-risk environments are the most vulnerable”, Sever said. While some media outlets and unions are well-equipped to provide support, significant gaps remain, for example in cross-border reporting and journalists working in conflict zones, which go beyond the capacity of national unions.
“As EFJ and ETUC, we stress that quality journalism cannot survive without decent working conditions, continuous training, and systemic safety support. We therefore call for long-term funding mechanisms for media safety and resilience, national safety programmes that include media stakeholders, as well as mechanisms for digital security and psychological assistance.”
This article is an enr Key Story. The content is based on news by agencies participating in the enr.