Grounding media freedom in the EU: The legal basis of the EMFA

The article critically examines the choice of Article 114 TFEU as the legal basis for the European Media Freedom Act (EMFA), which aims to harmonise media regulation across Member States to support media freedom and pluralism. The study, firstly, identifies two contrasting perspectives (critics and supporters of the chosen legal basis) and, secondly, highlights two shortcomings of the EMFA (its focus on market-based solutions risks commodifying freedom of expression and its ex-ante regulatory framework). Despite these concerns, the author argues that the EMFA represents a constitutional evolution for the EU, bridging old and new media paradigms to ensure democratic values and the integrity of the digital market. The conclusion argues that the broad interpretation of Article 114 TFEU is justified and in line with the EU's role in safeguarding democracy and fundamental rights and signalling the new direction of EU integration. However, the success of the EMFA will depend on its effective implementation and the capacity of EU institutions to ensure freedom of expression, fair competition and robust regulation in the digital age.