
doi: 10.32091/riid0214
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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