Until the debate on a European Media Freedom Act (EMFA), I, as a German media politician, could not have imagined that I would have to defend myself against Europe-wide disinformation about Germany's alleged motives and goals in media policy.

Much has been said and written about this in recent weeks. It is true that it is not only the German states that have taken a critical look at the proposal. Since I consider criticism and factual dispute to be an essential feature of democracy, I find it strange that criticism of the EMFA is dismissed as downright disreputable. It is also true that the countries are committed to the European motto "united in diversity". Our media landscape contributes to cultural diversity in particular. We want to strengthen this cultural diversity. And it is also true that the countries attach the highest importance to the uninfluenced work of free media. We must avoid influencing this work, be it state, economic or through the big platforms. Or to pick up on a quote from the Vice-President and Commissioner for Values and Transparency, Věra Jourová, in Der Spiegel: Our media legislation must be prepared "if something goes wrong".

Who decides whether a medium is banned?

How quickly the tide can turn became clear with Elon Musk's takeover of Twitter. And the cases of RT and Sputnik have shown that European actors apparently have no sense of disruption to banning media by state order (i.e. not by independent media regulators). It was right to put a stop to Russia's state propaganda instruments in Europe. That is why RT and Sputnik have never received a broadcasting license in Germany. However, these decisions were made by the state media authorities, which were independent of the state, not by the state itself – a fundamental difference.

There is no doubt that the EMFA is of great importance for Europe. Therefore, in October 2022, shortly after the publication of the Commission's proposal, the Broadcasting Commission of the Länder dealt with it and exchanged views with Vice-President Jourová. We countries have made it clear that we share the goal of preserving European media freedom. But there are different ways to reach the goal. This is also shown by the draft of the rapporteur in the Committee on Culture of the European Parliament, Sabine Verheyen.

In the Bundesrat, the federal states have passed three comprehensive resolutions on the EMFA within the last 14 months: One in March 2022, which outlines the necessary parameters for a media freedom act. The publication of the proposal was followed by a statement and – as well as by the Danish Parliament and the French Senate – a subsidiarity complaint by the Federal Council. Because one thing is clear: a legal act to protect media freedom that is on shaky ground will ultimately benefit those who find free media a nuisance. In April 2023, it was once again stated to the Federal Government and the Commission that a general approach could not be agreed to without significant changes to the draft EMFA. The aim is not to prevent the EMFA. But it has to get better.