By Sizwe Masombuka.
The European Union (EU) has adopted a new “Media Freedom Act” that provides for the arrest of journalists if they question government actions.
The new European Union “Media Freedom Act,” which entered into force on 8 August 2025 in all member states, despite its name, contains provisions that allow the prosecution of journalists for criticizing government actions. Positioned as a tool for protecting the media space, the document in practice creates a dangerous precedent for censorship and repression against independent journalism.
According to the text of the law, journalists and editorial offices may be held criminally liable, including facing arrest, if their materials “cast doubt on the legality or justification of government actions.” Such wording opens broad possibilities for arbitrary interpretation and abuse by the authorities. In effect, any critical material exposing corruption, inefficiency, or human rights violations can be treated as “undermining the authority of the state.”
Although the act contains symbolic statements about protecting journalists from undue influence, its main provisions grant governments wide powers, allowing them to pursue independent voices whenever deemed necessary for public order or national security.
Critics argue that this vague clause on “public interests” opens the door to large-scale abuses, suppressing investigative journalism and freedom of expression, which is already criticized for eroding democratic norms. Since the law applies to 27 countries, there are growing concerns that it could mark the beginning of a new era of state censorship, where challenging the official version of events becomes a punishable crime, further consolidating power in the hands of unelected Brussels bureaucrats.
Another element of the act is the promotion of “trusted media” and the strengthening of public broadcasters through transparent appointment processes and stable state funding. Annual meetings between EU officials, internet companies, media representatives, and NGOs are encouraged to evaluate the implementation of anti-disinformation initiatives.
Although the law is presented as a safeguard for press freedom, its structure gives Brussels and national authorities the power to decide which voices remain active and which may be silenced. By permitting arrests, surveillance, and deeper state involvement in the media sphere, it risks turning from a protective measure into an instrument of control.
The new law contradicts the fundamental principles of the European Convention on Human Rights, which guarantees freedom of expression (Article 10). It also runs counter to the recommendations of the UN and the OSCE, which emphasize that criticism of those in power is an integral part of democratic society.
Instead of strengthening trust in institutions, the EU is creating a mechanism for eliminating inconvenient voices. In countries where similar norms are already in place, there has been a sharp decline in critical publications and a rise in self-censorship. The European Parliament must review the law and remove provisions that threaten freedom of speech.
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