Learning from the EU’s Media Freedom Act

The European Union will soon have the EU Media Freedom Act following the agreement last week by the Council of the European Union, the EU Commission and representatives of the European Parliament. After the bill goes through the required formal procedure, it is expected to become a law with binding force to 27 member countries of the EU in the first half of 2024. As the law has the upper hand over each member’s domestic law, it will have a great impact in Europe.

The bill contains a ban on surveillance on media workers, such as eavesdropping and stalking, and the stealing of information via spyware. The bill also prohibits member governments from using coercive tools to get information on journalists’ news gathering routes. The only exceptions are when a government investigates a terrorist attack or other grave crimes. But such cases also require approval from courts. Controlling the press or pressmen citing national security is not allowed, either.

The bill includes a ban to prevent powerful online platforms from infringing on individual media outlets’ editing rights. It will now be a violation of the law if those platforms pressure them to change their editorial standards. In case those platforms choose to remove a media content they already posted on their sites, they must explain the reason to media outlets within 24 hours. The bill is designed to help EU members elevate the diversity and independence of the press and guarantee political neutrality of public media.

The act was pushed by West European member countries last year after the frequent exercise of pressuring the press in the East European members on grounds of national security. The bill reflects the deepening concerns about the sitting power and the greedy online behemoths threatening the freedom of speech.

What about Korea? During the past Moon Jae-in administration, over 120 reporters from more than 20 media organizations became victims to the methodical wiretapping by the Corruption Investigation Office for High-ranking Officials, an extraordinary law enforcement agency created by the ruling party for political purposes. A television reporter was even arrested by the prosecution on the grounds that he colluded with a prosecutor to force a suspect to make a statement against the liberal government. But the reporter was found not guilty in the Supreme Court. Strangely, search and seizure on reporters continues even after the change of the governing power.

The 2023 World Press Freedom Index, announced by Reporters Without Borders annually, shows Korea ranked 47th, four notches down from 2022. The tyranny of platform giants is more severe in Korea than in Europe. The EU’s move toward the legislation sounds alarms over the freedom of the press in Korea.