Share This Article
The entry into force of the Media Freedom Act (better known as the Digital Freedom Act) and its synergy with the Digital Services Act (DSA) marks a turning point for online content regulation in the EU, introducing new rights for media service providers (MSPs) and new obligations for very large online platforms (VLOPs).
On 8 August 2025, the core provisions of Regulation (EU) 2024/1083 on a common framework for media services (the “Media Freedom Act” or “MFA”) became applicable, amending the AVMS Directive and establishing minimum binding standards to safeguard editorial independence, ownership transparency, and protection of journalistic sources.
The Digital Freedom Act and Digital Services Act are designed to work in tandem: the first ensures pluralism and editorial independence, while the second provides the general framework for online content moderation. Their joint application reflects a European strategy aimed at striking a balance between swift enforcement against illegal content and the protection of fundamental freedoms.
From Section 230 to the Digital Freedom Act and Digital Services Act
The MFA represents the latest step in a 20-year evolution of intermediary liability. From the “Good Samaritan clause” in the US Communications Decency Act (1996) to the EU’s eCommerce Directive and its “notice and take down” approach, up to the Digital Services Act’s “notice and action” model (Article 16), the legal framework has progressively shifted from reactive removal to structured cooperation.
With the Digital Freedom Act and Digital Services Act, EU law now introduces “notice and comment,” making structured dialogue and procedural fairness mandatory whenever platforms deal with MSPs.
Background of the Media Freedom Act
The MFA is one of the pillars of the European Democracy Action Plan (EDAP), alongside:
-
free and fair elections (e.g. Regulation 2024/900 on political advertising transparency),
-
countering disinformation (through the Code of Practice and the Digital Services Act),
-
and promoting media pluralism (also strengthened by Directive 2024/1069 against SLAPPs).
Approved after lengthy negotiations, the MFA creates a harmonised EU framework to safeguard free information as an essential public good.
Key provisions of the Digital Freedom Act and Digital Services Act
The MFA is structured into 29 articles across four chapters:
-
Chapter I defines the scope, aligning with GDPR, DSA, DMA and other EU laws.
-
Chapter II codifies rights and obligations: independence of public media, prohibition of spyware, transparency on ownership and funding, and stronger protection of confidential sources.
-
Chapter III establishes the European Board for Media Services, coordinating enforcement and introducing the special regime for VLOPs.
-
Article 18 MFA: VLOPs must notify MSPs before suspending or restricting content, provide reasons, and allow 24h for response (unless illegal content or systemic risks are involved).
-
Article 19 MFA: creates a structured dialogue among VLOPs, MSPs, and civil society to monitor application and promote pluralism.
-
Article 20 MFA: from 2027, guarantees users’ right to personalise media offerings on devices and interfaces.
-
-
Chapter IV includes final provisions, evaluation mechanisms, and transitional rules.
Notice and Action vs Notice and Comment
A comparison shows the qualitative leap:
-
Article 16 DSA: “notice and action” enables anyone to report illegal content, obliging platforms to act swiftly and diligently.
-
Article 18 MFA (Digital Freedom Act): introduces “notice and comment” for MSPs, requiring platforms to engage in prior dialogue, assess responses, and—in case of repeated restrictions—enter into structured dialogue or mediation under the oversight of the Board.
Here the Digital Freedom Act and Digital Services Act work hand in hand: the DSA provides fast mechanisms to tackle illegal content, while the MFA ensures that MSPs enjoy due process and protection of editorial independence.
Conclusions
The interaction between the Digital Freedom Act and Digital Services Act creates a dual regulatory track:
-
The DSA ensures swift enforcement against illegal content.
-
The MFA elevates moderation into a rights-based process with transparency, accountability, and procedural fairness.
This evolution from “notice and action” to “notice and comment” reflects a cultural shift: protecting not only information flows, but also the pluralism and democratic value of media in the digital space.
If effectively implemented, these provisions will balance enforcement needs with freedom of expression, limiting both censorship risks and algorithmic arbitrariness.
On the same topic, you can read the article “The Digital Service Act introduces relevant changes on the liability regime of ISPs“.