News Media Europe has serious concerns about the European Commission’s proposal for a Digital Fairness Act. While supporting the objective of strengthening consumer protection, we stress that new regulatory measures must be carefully assessed to avoid unintended consequences for Europe’s independent news media and the business models that sustain professional journalism.
Professional journalism is essential to democracy, but it depends on viable business models. European publishers rely on both reader subscriptions and advertising revenues to finance independent, high-quality journalism. The Digital Fairness Act must recognise this reality.
New obligations must not undermine sustainable subscriptions
News Media Europe supports transparency and informed consumer choice. However, new obligations on free trials, automatic renewals and contract termination must remain proportionate and avoid unnecessary overlap with existing legislation. In particular, the requirement for consumers to expressly agree to paid continuation before a free trial ends must be assessed for its impact on subscription models. Publishers must retain the flexibility to offer innovative subscription models. These are essential not only to attracting new readers, but also to making reliable journalism accessible to different audiences, including students, young readers and lower-income households.
Advertising rules must take account of the funding of journalism
News Media Europe supports the objective of protecting minors and preventing the misuse of sensitive personal data in advertising. We are assessing with our members the practical implications for news publishers of the proposed restrictions on profiling-based advertising, including those concerning minors. Advertising remains a vital source of revenue for many publishers, particularly those unable to rely solely on subscriptions. Personalised advertising, when carried out in compliance with existing data protection rules, helps fund professional journalism and maintain free access to news. The scope and application of the new rules must be clear and proportionate, taking account of the business models that sustain independent journalism.
Rules on digital design must provide legal certainty
News Media Europe supports action against genuinely manipulative practices. However, rules on dark patterns and addictive design must be clearly defined and based on evidence of consumer harm. The proposed obligation to provide tools to disable specified features applies where those features encourage compulsive or excessive use. Its application must clearly distinguish between exploitative practices and legitimate features such as content recommendations, notifications and autoplay, which help readers discover and engage with journalism.
Avoiding regulatory overlap is essential
The Digital Fairness Act must complement, not duplicate, existing EU legislation, including the Digital Services Act and the GDPR. Policymakers should prioritise effective enforcement of existing rules and ensure that any additional obligations address clearly identified regulatory gaps.
The European Media Freedom Act and the European Democracy Shield recognise the essential role of independent news media in safeguarding democracy and strengthening media pluralism. New EU legislation should therefore be systematically assessed for its impact on the sustainability of independent news media. Yet, in its current form, the Digital Fairness Act risks running counter to these objectives by placing additional pressure on the very business models that sustain independent journalism.
The Digital Fairness Act must protect consumers without undermining the business models that fund independent journalism. News Media Europe calls on EU policymakers to ensure that the final legislation is targeted, proportionate and takes into account the specific needs of independent news media.
Contact: Wout van Wijk, Executive Director