EU European Media Freedom Act (EMFA)
EMFA - Rights and Duties of Media Service Providers and Recipients (Ch II)

EU European Media Freedom Act (EMFA) EMFA-Art.4: Rights of media service providers (Article 4) - editorial independence, source protection, anti-spyware

Article 4(1)-(2) (applying from 8 November 2024) require Member States to respect the effective editorial freedom and independence of media service providers in the exercise of their professional activities. Article 4(3)-(4) prohibit Member States and any public authorities from: (a) obliging media service providers, their staff or their associates to disclose information identifying or making identifiable a source, or any related communications; (b) detaining, sanctioning, intercepting communications, or carrying out surveillance of media service providers or family members for the purpose of obtaining information; (c) deploying intrusive surveillance software (spyware) on devices used by media service providers, their staff or their associates, except where strictly necessary in a specific case by judicial authorisation for investigating a serious crime listed in Article 4(4)(c), and with proportionality + judicial review safeguards. Article 4(5)-(7) establish effective national-law judicial review, the right to be heard, and effective remedies.

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