Digital Fairness Act: Rules targeting manipulative design must protect editorial freedom and sustainable journalism
Updated: 5 hours ago
The European Publishers Council (EPC) supports the European Commission’s objective of protecting consumers, especially minors, from manipulative online practices. However, following today’s publication of the proposed Digital Fairness Act (DFA), the EPC calls for targeted, proportionate rules that address only harmful conduct while protecting publishers’ editorial freedom and ability to sustain independent journalism.
The EPC warns that broad provisions on addictive design, personalisation and subscriptions risk capturing legitimate editorial services and commercial practices. Requirements intended to curb manipulation could restrict how publishers present news, inform readers of developing stories and build direct relationships with their audiences.
Publishers exercise editorial responsibility, bear legal liability for what they publish and are directly accountable to their readers, the courts and regulators. Platforms organise and amplify content through algorithms designed to drive engagement and advertising revenues, without assuming equivalent editorial responsibility or legal liability for the content they distribute.
However, publishers depend heavily on these platforms to reach audiences and access advertising markets. Unilateral changes to algorithms, terms and commercial policies can materially affect publishers’ visibility and revenues. Additional restrictions on publishers’ own services could deepen that dependency by making it harder to build sustainable alternatives.
A healthy democracy relies on a commercially viable, independent press. European publishers have invested heavily in digital subscriptions, reader-supported business models and direct audience relationships and the EPC calls on the Parliament and Council to ensure that the DFA supports those investments and preserves publishers’ ability to innovate.
Angela Mills Wade, Executive Director of the EPC, said:
Protecting consumers and sustaining independent journalism must go hand in hand. Publishers need to alert readers to breaking news, recommend relevant reporting and offer subscriptions that fund their journalism. If the DFA restricts those activities indiscriminately, it risks weakening publishers’ direct relationships with readers and increasing their dependence on the very platforms whose power Europe is seeking to address.
The EPC’s main concerns include the provisions on addictive design in Article 17. Broad or unclear definitions could capture ordinary editorial and design choices, creating uncertainty about how publishers may present developing stories, recommend relevant reporting or notify readers of new information.
Features such as scrolling, autoplay and notifications should be assessed in context, taking account of their purpose and operation. Their presence alone should not determine whether a service uses harmful design. Editors also need flexibility to respond to breaking news and changing public interest.
Editorial judgement includes deciding which stories deserve prominence and when readers should be alerted,” Angela Mills Wade continued. “Recommendations and notifications help readers find relevant reporting and follow developing stories. The legislation must protect that editorial discretion while targeting practices that exploit vulnerabilities or manipulate consumer choices.”
The EPC also calls for proportionate subscription requirements that protect consumers while allowing publishers to offer clear, flexible trials and subscription packages. The rules should facilitate informed choices without introducing unnecessary friction into legitimate reader relationships.
Provisions affecting personalisation and advertising must be coherent with laws already in place such as the GDPR and ePrivacy framework. Additional requirements should only address demonstrable gaps and avoid conflicting interpretations, duplicated obligations and inconsistent enforcement.
The EPC urges the European Parliament and Council to:
Protect editorial discretion in the presentation, recommendation and updating of news.
Ensure that addictive design provisions distinguish harmful manipulation from legitimate editorial functions.
Preserve transparent, commercially viable subscription models and direct reader relationships.
Align the DFA with the European Media Freedom Act, fundamental rights and the Commission’s commitment to regulatory simplification.
"We will work constructively with the institutions to strengthen consumer protection while safeguarding publishers’ freedom to conduct a business and generate the revenues needed to invest in journalism,” Angela Mills Wade added. “A fair digital market needs a strong, independent press.”
The EPC will continue its analysis of the proposal and work with co-legislators on these priorities.
