Law / European Union

European Media Freedom Act (EMFA), Article 18 (Content of media service providers on very large online platforms)

Regulation (EU) 2024/1083, Article 18

In force since .

A transparency and process rule binding private bodies.

As of .

What it requires

  • If you provide a very large online platform, meaning an online platform the Commission has designated under Article 33(4) of the Digital Services Act, the duties below apply to you (Articles 2(10) and 18).
  • Provide a functionality that lets recipients of your service declare that they are media service providers; that they comply with Article 6(1); that they are editorially independent from Member States, political parties, third countries and entities controlled or financed by third countries; that they are subject to regulatory requirements for the exercise of editorial responsibility and to oversight by a competent national regulatory authority or body, or adhere to a widely recognized and accepted co-regulatory or self-regulatory mechanism governing editorial standards; and that they do not provide content generated by artificial intelligence systems without human review or editorial control (Article 18(1)(a) to (e)).
  • Let those recipients also provide their legal name and contact details, including an email address through which you can communicate quickly and directly with them, and the contact details of the relevant national regulatory authorities or bodies or representatives of the co-regulatory or self-regulatory mechanisms (Article 18(1)(f) and (g)).
  • Where there is reasonable doubt about a media service provider's declaration that it is subject to regulatory oversight or adheres to a co-regulatory or self-regulatory mechanism, seek confirmation from the relevant national regulatory authority or body or the relevant mechanism (Article 18(1), second subparagraph).
  • Make the declared information publicly available in an easily accessible manner on your online interface, except the legal name and contact details provided under Article 18(1), first subparagraph, point (f) (Article 18(2)).
  • Acknowledge receipt of each declaration and give the media service provider your contact details, including an email address through which it can communicate directly and quickly with you. Indicate without undue delay whether you accept or reject the declaration (Article 18(3)).
  • Before a decision to suspend your online intermediation services in relation to content provided by a media service provider that has submitted a declaration, or to restrict the visibility of that content, takes effect on the ground that the content is incompatible with your terms and conditions, communicate to that media service provider a statement of reasons as referred to in Article 4(1) of Regulation (EU) 2019/1150 and Article 17 of the Digital Services Act, and give it the opportunity to reply within 24 hours of receiving the statement. In a crisis as referred to in Article 36(2) of the Digital Services Act, allow a shorter timeframe that still gives it sufficient time to reply in a meaningful manner (Article 18(4)).
  • Where, following or in the absence of a reply, you decide to suspend or restrict visibility, inform the media service provider concerned without undue delay (Article 18(4)).
  • The statement of reasons and reply window in Article 18(4) do not apply where you suspend or restrict visibility in compliance with your obligations under Articles 28, 34 and 35 of the Digital Services Act and Article 28b of Directive 2010/13/EU or with your obligations relating to illegal content under Union law (Article 18(4), third subparagraph).
  • Take all the necessary technical and organizational measures to ensure that complaints lodged by media service providers under Article 11 of Regulation (EU) 2019/1150 or Article 20 of the Digital Services Act are processed and decided upon with priority and without undue delay (Article 18(5)).
  • If a media service provider that has submitted a declaration considers that you have repeatedly restricted or suspended, without sufficient grounds, the provision of your services in relation to its content, engage at its request in a meaningful and effective dialogue in good faith, within a reasonable timeframe, to find an amicable solution that ends unjustified restrictions or suspensions and avoids them in the future (Article 18(6)).
  • Make publicly available each year detailed information on the number of restrictions and suspensions you imposed on the ground that the content of a declaring media service provider is incompatible with your terms and conditions and the grounds for them, including the specific clauses; the number of dialogues with media service providers; and the number of declarations you rejected or invalidated and the grounds for rejection or invalidation (Article 18(8)).

What it reaches

Obligation class

Disclosure, Governance

Applicability criteria

As of
Combinator
All of
Criteria
  • a provider of an online platform
  • that has been designated as a very large online platform pursuant to Article 33(4) of Regulation (EU) 2022/2065

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 18(1) requires a provider of a very large online platform to provide a functionality allowing recipients of its service to declare that they are media service providers and to make the other declarations listed in points (b) to (e).

Article 18(1) also requires the functionality to let them provide their legal name and contact details, including an email address, and the contact details of the relevant national regulatory authorities or bodies or representatives of the co-regulatory or self-regulatory mechanisms.

Where there is reasonable doubt about a media service provider's declaration of regulatory oversight or adherence to a recognized mechanism, Article 18(1) requires the provider of the very large online platform to seek confirmation from the relevant national regulatory authority or body or the relevant co-regulatory or self-regulatory mechanism.

Article 18(2) requires the declared information, except the legal name and contact details provided under point (f), to be made publicly available in an easily accessible manner on the platform's online interface. Article 18(3) requires the provider to acknowledge receipt of declarations and to provide contact details, including an email address, through which the media service provider can communicate directly and quickly with it.

Article 18(3) also requires the provider to indicate without undue delay whether it accepts or rejects each declaration.

Before a decision to suspend its online intermediation services in relation to content provided by a media service provider that has submitted a declaration, or to restrict the visibility of that content, on the ground that the content is incompatible with its terms and conditions takes effect, Article 18(4) requires the provider to communicate to that media service provider a statement of reasons.

Article 18(4) also requires the provider to give that media service provider the opportunity to reply to the statement of reasons within 24 hours of receiving it or, in a crisis as referred to in Article 36(2) of the Digital Services Act, within a shorter timeframe that allows a meaningful reply. Where, following or in the absence of a reply, the provider decides to suspend or restrict visibility, Article 18(4) requires it to inform the media service provider without undue delay.

Article 18(4) does not apply where the provider suspends or restricts visibility in compliance with its obligations under Articles 28, 34 and 35 of the Digital Services Act and Article 28b of Directive 2010/13/EU or with its obligations relating to illegal content under Union law.

Article 18(5) requires the provider to take all the necessary technical and organizational measures to ensure that complaints lodged by media service providers under Article 11 of Regulation (EU) 2019/1150 or Article 20 of the Digital Services Act are processed and decided upon with priority and without undue delay.

Where a media service provider that has submitted a declaration considers that a provider of a very large online platform has repeatedly restricted or suspended, without sufficient grounds, the provision of its services in relation to the media service provider's content, Article 18(6) requires the provider of the platform to engage, at the media service provider's request, in a meaningful and effective dialogue in good faith with a view to finding an amicable solution.

Where a provider rejects or invalidates a declaration, or no amicable solution is found after a dialogue, Article 18(7) allows the media service provider to resort to mediation under Article 12 of Regulation (EU) 2019/1150 or to out-of-court dispute settlement under Article 21 of the Digital Services Act.

Article 18(8) requires the provider to make publicly available on an annual basis detailed information on the restrictions and suspensions it imposed on the ground that the content of a declaring media service provider is incompatible with its terms and conditions and the grounds for them, the dialogues, the declarations it rejected and the declarations it invalidated.

Article 18(9) has the Commission issue guidelines to facilitate the effective implementation of the functionality referred to in Article 18(1). Article 2(10) defines a provider of a very large online platform as a provider of an online platform that has been designated as a very large online platform pursuant to Article 33(4) of the Digital Services Act.

Article 29 applies the Regulation from , except for Article 3, Article 4(1) and (2), Article 6(3), Articles 7 to 13, Articles 14 to 17, Article 20 and Article 28, which apply from other dates.

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