Between European Regulation and Czech Reality: An Analysis of Article 5 of the European Media Freedom Act and its Adaptation into the Czech Legal Order

DOI: https://doi.org/10.71372/FCZK5432

Keywords: public service media, European Media Freedom Act, media independence, media financing

Abstract: Regulation (EU) 2024/1083 of the European Parliament and of the Council, known as the European Media Freedom Act (EMFA), constitutes the first EU framework for the protection of media plurality and independence addressing the position of public service media. The article analyses the independence guarantees laid down in Article 5 EMFA and assesses the extent to which they are – with particular regard to the purpose and rationale of the Regulation – met by current Czech legislation. The analysis shows that while Czech law complies with the Regulation requirements in several respects, it falls significantly short in others. In particular, it lacks transparent criteria for the appointment and removal of directors-general of public service media and sufficient guarantees of editorial independence for Czech Television and Czech Radio. The absence of an independent monitoring body within the meaning of Article 5(4) EMFA is likewise problematic. The government's draft adaptation act submitted to the Chamber of Deputies fails to remedy these shortcomings, thereby exposing the Czech Republic to the risk of infringement proceedings.

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