The practical steps for implementing the European Media Freedom Act (EMFA) were discussed during a multilateral seminar with the participation of Oleksandr Burmahin, a member of the National Council. The event, held on 28 January in Belgium, was organized by the Directorate-General for Enlargement and the Eastern Neighbourhood of the European Commission within the framework of the TAIEX instrument.
According to Oleksandr Burmahin, the discussion proved to be substantive and practically oriented, with a clear focus on the needs of the candidate countries.
“The representatives of the European Commission provided a great deal of information that helps to understand what to expect in the near future and what candidate countries should already be working on.”
An important area of discussion was the issue of assessing media market concentration. The European Commission, together with the European Board for Media Services – which has replaced ERGA – is currently developing the framework principles and criteria for such assessments. The seminar participants emphasized that the digital environment significantly complicates these processes due to the large number of diverse actors. This issue remains one of the greatest challenges for regulators.
“The digital environment is very complex for such assessments: there is a large number of actors, and separately – bloggers and influencers. How to bring all of this together from the perspective of concentration assessment is not an easy question, and all countries are facing it,” clarified the member of the National Council.
For Ukraine, the experience of Italy – which has already implemented its own methodology for assessing media market concentration – may be useful. At the same time, the developments of the European Board for Media Services and the European Commission will serve as a benchmark for future decisions at the national level.
The EMFA also provides for the legislative introduction of audience measurement standards. The European Commission is responsible for developing the guiding principles. The complexity of this process lies in assessing the audience and the influence of various online media actors on platforms, social networks, and YouTube.
Regulation of the Online Sphere and New Challenges for Regulators
During the seminar, participants also discussed the growing number of potential obligations for media regulators resulting from the expansion of online‑sphere regulation. Representatives from various countries emphasized that the implementation of new rules must be accompanied by adequate financial and human resources.
Participants devoted significant attention to the issue of regulating the online environment, particularly the activities of bloggers and influencers. Representatives of the European Commission acknowledged that this area remains a “grey zone” even for many EU countries and requires distinct, well‑balanced approaches. It is expected that relevant solutions may be proposed at the European Union level in the near future.
The role of large digital platforms, particularly in the context of electoral processes, sparked a lively discussion. Participants agreed that addressing external interference in elections remains a pressing issue for many countries. The platforms are already implementing new policies in line with the Digital Services Act (DSA), and the EMFA provides for the introduction of preferential treatment for verified media operating according to professional standards. According to European Commission experts, the EU encourages the expansion of such mechanisms beyond the Union; however, the final decision on this matter rests with the platforms themselves.
Ukraine’s Experience for Other Countries
The experience of Ukraine in regulating the online sphere proved useful for candidate countries, many of which do not have such experience at all. Oleksandr Burmahin informed his colleagues about the principle of voluntary registration embedded in Ukrainian media legislation and how it is implemented in practice. According to him, a motivational approach helps regulate online media, since only registered entities have access to certain advantages – they can issue press cards to journalists, receive contracts for covering the activities of public authorities, and participate in co‑regulation.
The member of the National Council also spoke about the work of Ukrainian media under the conditions of full‑scale war and energy challenges, emphasizing that despite the difficult circumstances, Ukraine continues to move consistently along the path of implementing European media legislation.
Ukraine in the Process of Adapting European Media Legislation
As a candidate country, Ukraine must monitor legislative developments of the EU in the media sphere, as all acts will ultimately need to be incorporated into Ukrainian legislation. At present, the challenge lies in the fact that Ukraine does not yet have mechanisms for implementing the provisions of European acts. However, we can follow the processes taking place in the EU, raise problematic issues, and participate in discussions on new developments in media regulation thanks to our observer status in the European Board for Media Services. The National Council is directly involved in all processes related to information and media matters, including SLAPP, EMFA, the DSA, the DMA, as well as the Audiovisual Media Services Directive.
“The EMFA is a living framework that is currently in the process of implementation. For candidate countries, it is important to remain in constant communication with the European Commission, to analyze the European experience, and to take a proactive stance. We understand that these reforms are needed primarily for ourselves, and we will do everything to implement them promptly, effectively, and with high quality.”
TAIEX (Technical Assistance and Information Exchange) is an external assistance instrument provided by the European Commission to facilitate the exchange of information aimed at building the institutional capacity necessary for adapting national legislation to the acquis communautaire.
The Technical Assistance and Information Exchange instrument (TAIEX) was established by the Directorate‑General for Enlargement of the European Commission in 1996 as a programme designed to help candidate countries promptly address issues related to the implementation of EU legislation (acquis communautaire).
