A values-based Union worthy of the name? Free speech and the trajectory of EU media law and policies

Article 2 TEU lays down the values upon which the Union is founded: respect for human dignity, freedom, democracy, equality and the rule of law, along with respect for human rights. Although the EU does not have a general competence to legislate in the field of fundamental rights, it has been active since the Treaty of Lisbon in developing initiatives which touch upon freedom of expression, freedom of information and the role of the media in regard to both. This article studies the nature and evolution of the EU activity in question, exploring its characteristics and the ways in which it has developed. It examines the gradual expansion of the Union’s action, delving into the instruments adopted and the density and breadth of regulation in the field. The initiatives submitted under the framework of the Commission’s European Democracy Action Plan, and in particular the proposed European Media Freedom Act, hold the promise that core challenges relating to media freedom will be addressed. This marks a break from fragmented approaches of the past, whereby free speech considerations were embedded in EU media law and policies.