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New and reinforced rights for media service providers under Article 4 European Media Freedom Act

Authors: Malferrari, Luigi;

New and reinforced rights for media service providers under Article 4 European Media Freedom Act

Abstract

The free exercise of economic activity in the media sector is important both for the EU internal market and for the free media as a public watchdog. Article 4 of the European Media Freedom Act (EMFA) imposes on Member States the obligation to respect the media service providers’ effective editorial freedom and independence. Article 4 EMFA protects in particular journalistic sources and confidential communications against both traditional forms of interference and spyware. The obligation of prior judicial authorization and a stringent justification and proportionality test are amongst the guarantees laid down in Article 4 EMFA. It “europeanizes” and “proceduralizes” the issues. It, furthermore, introduces a new guarantee consisting in an independent authority or body to provide assistance with regard to the exercise of the right to effective judicial remedy. Economic efficiency and the protection of the EU values are reconciled in Article 4 EMFA. Thus, the EMFA also strengthens the bond that holds individuals and society together in Europe.

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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Published in a Diamond OA journal