The Digital Fairness Act Must Target Harmful Practices, Not Responsible Media
The European Commission is putting the finishing touches on its proposal for the Digital Fairness Act (DFA). Intended to tackle "addictive design" and exploitative online mechanics, the initiative addresses legitimate digital consumer concerns. However, broad regulatory strokes risk placing further burdens on responsible businesses, rather than effectively targeting the harmful practices it seeks to address.
In a joint letter addressed to Executive Vice-President Henna Virkkunen and Commissioner Michael McGrath, the European Publishers Council (EPC), alongside nine other European media associations representing the press, commercial broadcasting, radio, and streaming sectors, has called on the Commission to keep the DFA targeted where harms actually exist. Responsible media service providers, whose operations are grounded in editorial accountability, must not be caught in legislation designed to tackle platform practices that persist despite existing rules.
Editorial Curation Is Not Algorithmic Trapping
The fundamental flaw in treating media services like social platforms lies in misunderstanding editorial curation. When publishers organise their homepages, highlight breaking coverage, or suggest related analysis, they exercise editorial judgement. It is the modern digital equivalent of laying out a newspaper front page or establishing a broadcast running order.
There is no "neutral" way to present media content. Arranging articles chronologically, alphabetically, or by topic is an active editorial decision. Imposing mandates that force media providers to redesign or disable their recommender systems would directly infringe upon editorial freedom, a core value protected under both the EU Charter of Fundamental Rights and the European Media Freedom Act (EMFA).
News media services operate within finite, curated catalogues. Publishers do not rely on endless streams of unverified user-generated feeds optimised purely to drive ad impressions and capture attention. Business models in professional journalism rely on brand reputation, trust built through accurate reporting, and the quality of the content delivered.
Enhancing Discovery and Countering Filter Bubbles
Within news publishing, content recommendations serve readers rather than exploit them.
Tailored suggestions:
Direct audiences to relevant contextual reporting and varied viewpoints, actively helping to break filter bubbles.
Guide readers through complex, evolving public interest stories without overwhelming them with disordered archives.
Support sustainable business models by connecting paying subscribers with the investigative work they value most.
Blanket requirements that force media sites to turn off recommendation systems by default, or mandate re-engineering to present static lists, would severely degrade the reader experience. Breaking news demands editorial flexibility, allowing editors to adapt coverage rapidly, update its prominence and guide readers towards the latest develop
ments and essential context.Audiences would be left with the equivalent of content directories, obscuring quality journalism and wasting valuable publisher resources on arbitrary technical workarounds rather than reporting.
The European Commission has already acknowledged the value of a risk-based approach in initiatives such as the proposed Kids Act, focusing rules on genuinely high-risk environments and vulnerable groups. The DFA should follow the exact same logic.
Preserving Subscription Models That Fund Independent Press
The joint letter also highlights vital considerations regarding digital subscription models. Reader revenue has become the lifeblood of sustainable, independent journalism across Europe.
Existing European consumer protection rules already mandate transparency and prohibit unfair commercial terms. While the DFA should appropriately crack down on deceptive cancellation processes and deliberate "dark patterns," it must not undermine legitimate contractual frameworks. Introducing an unconditional right to cancel at any time, regardless of the agreed contract term, would disrupt fixed-term and discounted offers. These discounted commitments benefit consumers through affordable rates, while granting publishers the predictable revenue needed to finance long-term editorial investments.
Preserving Regulatory Coherence
European publishers already navigate a comprehensive regulatory environment and bear legal liability for what they publish. The European Commission must focus the Digital Fairness Act strictly on malicious, high-risk practices where they occur, particularly on platforms where oversight and enforcement fall short, without imposing additional burdens on editorial media services already subject to clear legal and editorial accountability.
Provisions governing recommendations, personalisation, and interface design must exclude editorially responsible, legally accountable media providers who uphold European democratic discourse every day.
