Kiri

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND

TECHNOLOGY

Media Policy

The Director

Brussels, 11 December 2025

Ms Xenia Joost

Deputy Secretary General for the Arts

Ministry of Culture

Estonia

Dear Madam,

I am writing to seek clarification on the state of implementation of the European Media

Freedom Act (the “EMFA”) (1) in Estonia and to inquire about Estonia’s compliance with

its provisions.

This landmark regulation was adopted on 11 April 2024 and the majority of its provisions

became applicable on 8 August 2025.

In preparation for this date, the Commission’s services have actively engaged with your

national authorities to support the timely alignment of the Estonian legal framework with

the EMFA.

In July, Executive Vice-President Virkkunen and Commissioner McGrath wrote a letter to

Minister Purga to inquire about the progress made towards EMFA implementation, to

which Minister Purga replied on 13 August 2025.

Based on the information at my disposal it appears that Estonia has not adopted yet the

necessary measures to bring its law into compliance with certain provisions of the EMFA.

At this stage of our analysis, this concerns in particular the implementation of Articles 4,

5, 6, 22 and 25.

I take note that Estonian authorities have prepared certain amendments to the Media

Services Act and the Public Broadcasting Act, which aim to implement the relevant EMFA

provisions and are expected to soon enter the parliamentary proceedings stage.

▪ Article 4 - Rights of media service providers

Under Article 4(3) of the EMFA, Member States shall ensure that journalistic sources and

confidential communications are effectively protected and refrain from taking the

measures listed in that provision, except under the strict conditions set out in Articles 4(4)

and 4(5). In addition, Articles 4(6) to 4(8) provide for the regular review of such measures,

(1) Regulation (EU) 2024/1083 of the European Council and the Parliament establishing a common

framework for media services in the internal market and amending Directive 2010/13/EU.

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the application of relevant data protection safeguards, and the right to effective judicial

protection in cases of breaches of those requirements.

I have taken note of the response of the national authorities to a questionnaire sent by my

services in April 2025, which indicates that Estonian law already provides robust

protection for journalistic sources and confidential communications at the national level

and is to a large extent aligned with the EMFA. However, based on the information

provided, it appears that certain key elements of Article 4 of the EMFA are not currently

enshrined in law and require incorporation into new legislation.

In particular, regarding the personal scope of protection, while Estonian law protects

journalists with regard to the disclosure of their sources, it appears that the current rules on

the protection of journalistic sources and confidential communications do not extend to

media service providers, nor to any persons who, due to their regular or professional

relationship with a media service provider or its editorial staff, may have information about

journalistic sources. I have taken note of the Estonian authorities’ plans to address this

shortfall in the upcoming legislation. I welcome them and encourage you to finalise the

adoption soon.

▪ Article 5 – Safeguards for the independent functioning of public service media

providers

Article 5(3) of the EMFA requires Member States to establish transparent and objective

funding procedures ensuring adequate, sustainable and predictable financial resources for

public service media providers, sufficient to safeguard their editorial independence.

I note that Estonian law includes several provisions aimed at ensuring the independence

and pluralism of public service media. Moreover, the procedure for state funding is clearly

defined and transparent. However, based on the information at my disposal, it appears that

funding for public service media may not be predictable or adequate, especially since the

Estonian Public Broadcasting Act does not seem to provide for guaranteed funding, and

the procedure does not seem to be independent of governmental influence. We have been

informed by the Estonian authorities that they have prepared an amendment to the Public

Broadcasting Act, which includes a new funding model. This amendment is planned to be

submitted to the Parliament in autumn 2025. I would appreciate more information on how

that amendment will further align Estonian law with Article 5(3) of the EMFA.

▪ Article 6 – Duties of media service providers

Article 6(1) of the EMFA requires media service providers to make easily accessible to the

recipients of their services certain up-to-date information, including on their legal name,

ownership structure, beneficial ownership, and the amount of public funds for state

advertising allocated to them. Moreover, under Article 6(2), Member States shall entrust

national regulatory authorities, or other competent authorities or bodies, with the

development of national media ownership databases containing the information set out in

paragraph 1. I would like to recall that the databases referred to in Article 6(2) should not

be understood as a means to make the provision of media services conditional to any kind

of licence, permit or prior authorisation.

I note that the current Estonian legislation requires audiovisual media service providers to

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make easily and directly accessible to their recipients up-to-date information on most of

the points required under Article 6(1). However, it does not extend that obligation to other

media service providers as defined under the EMFA. I take note that the Estonian

authorities have planned legislation to extend the list of required information to include the

total annual amount of public funds received for state advertising and the total annual

amount of advertising revenue obtained from third-country public authorities or entities,

in order to ensure alignment with the requirements of Article 6(1) of the EMFA, and to

also extend these obligations to all media service providers. Moreover, I understand that

the already existing commercial register under the Commercial Register Act will be used

to ensure the alignment with Article 6(2) of the EMFA. In this context, I would appreciate

more information on how the incorporation of all media service providers into the

commercial register would be ensured, particularly if a media service provider were not

considered a commercial entity under the Estonian Commercial Code.

▪ Article 22 – Assessment of media market concentrations

Article 22(1) requires Member States to establish substantive and procedural rules enabling

the assessment of media market concentrations that could significantly affect media

pluralism and editorial independence. Such rules must meet the requirements laid down in

points (a) to (e) of that provision, including designation or substantive involvement of

national regulatory authorities or bodies, and clear criteria and timeframes for assessment.

Article 22(2) specifies the elements that must be taken into account in such assessments,

including the expected impact on media pluralism, safeguards for editorial independence,

and relevant findings from the Commission’s annual rule of law report.

Based on the information at my disposal, Estonia does not appear to have implemented the

necessary measures to give effect to the provisions of Article 22. I note that the future

legislation intends to address this issue by introducing a specific framework for assessing

media market concentrations, with a direct reference to the criteria under Article 22.

I welcome the foreseen involvement of the Consumer Protection and Technical Regulatory

Authority in the assessment. I note that the timeline for issuing the opinion of the media

regulator will depend on the decision of the competition authority. I would welcome

clarification on the conditions on which this procedural aspect will depend. Moreover,

I would welcome clarifications on how compliance with Article 22 of the EMFA will be

ensured in general, as well as the timeline of any solutions being worked on towards that

end.

▪ Article 25 – Allocation of public funds for state advertising and supply or service

contracts

Article 25(1) of the EMFA provides that public funds or other advantages for state

advertising or supply and service contracts with media service providers or online platform

providers must be allocated on the basis of transparent, objective, proportionate and non-

discriminatory criteria made publicly available in advance and by means of open,

proportionate and non-discriminatory procedures. Article 25(2) requires public authorities

or entities to publish annually, by electronic and user-friendly means, information on state

advertising expenditure, including the legal names of the recipients and the amounts

allocated. Under Article 25(3), national regulatory authorities or other competent

independent authorities or bodies shall monitor and report annually on the allocation of

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state advertising expenditure and may request further information to assess the

completeness of the published data.

Based on the information at my disposal, Estonia has not introduced any new measures to

implement the provisions of Article 25. I note the legislative plan of entrusting the public

authorities with the obligation to make the information on allocation of public funds for

state advertising publicly available. Moreover, I understand that Estonia's law is generally

aligned with the requirements for transparency and public access to information, but lacks

specificity in several areas, such as explicit procedures to ensure objectivity,

proportionality, and non-discrimination in the awarding of contracts to media service

providers. I would appreciate if you could inform us of any relevant developments

regarding Estonia's plans to ensure swift compliance with the above provisions of the

EMFA.

***

I am aware that the Estonian authorities have been working on legislative texts aimed at

introducing the necessary modifications to national law to ensure compliance with the

EMFA. However, at the present stage, such legislative changes have not yet been adopted

by the Parliament.

With a view to finalising the assessment of compliance with EU law, I would appreciate

receiving your factual and legal clarifications on the compliance with the provisions listed

above by 30/01/2026.

My services stand ready to support you in all your preparations for the implementation of

the EMFA, and I remain at your disposal for any clarifications you may need.

Yours faithfully,

e-signed

Giuseppe ABBAMONTE

Electronically signed on 11/12/2025 14:52 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121