Press releases
The European Magazine Media Association (EMMA) and the European Newspaper Publishers’ Association (ENPA), representing the vast majority of European publishers of newspapers, magazines, periodicals and specialised press, including in digital, appreciate this opportunity to provide feedback on the European Commission’s Call for evidence on the forthcoming legislative proposal for a Digital Networks Act (DNA).
We note, and welcome, the clarification in the Call that the DNA will take into account the stakeholders’ feedback to the 2024 White Paper ‘How to master Europe’s digital infrastructure needs?’, and to the 2023 exploratory consultation on the future of the electronic communications sector and its infrastructure. On both occasions, EMMA-ENPA provided feedback expressing key concerns which we believe should be duly heeded during the DNA’s ongoing drafting stage.
Our comments will focus on the DNA objective referred in the present Call of incentivising “all market players” to “invest in advanced connectivity”. This objective has been recurrently highlighted by the Commission over the past few years throughout the various consultation stages on European digital networks. In this regard, we recall that the 2024 White Paper also read (under Scenario 4) that, in order to guarantee “a regulatory framework conducive to more investment in very high-capacity networks”, consideration could be given to broadening the scope and objectives of the current regulatory framework to ensure a regulatory level playing field and equivalent rights and obligations for all actors and end- users of digital networks where appropriate to meet the corresponding regulatory objectives”.
Regrettably, the present Call does not provide any details on how financing issues will be concretely tackled in the DNA – whether in line with the aforementioned White Paper’s Scenario 4 proposals or otherwise. This appears to suggest that the conclusions of the forthcoming dedicated study will be key in this determination. However, the overlap in the envisaged timings of publication of the study and the DNA may effectively prevent stakeholders from commenting in a meaningful manner on concrete policy options prescribed in the former beforehand. We call for full transparency regarding any potential options being considered under the DNA’s financing chapter.
Notwithstanding this lack of clarity, it clearly transpires from the Call that the objective of putting in place a framework conducive to investment in digital infrastructure by “all market players” remains on the table. Fully in keeping with our previous feedback, EMMA-ENPA would oppose the potential imposition under the DNA, directly or indirectly and under any form, of a “fair contribution by all digital players” – an option advanced in the 2023 exploratory public consultation. Indeed, this possibility was reenforced by the 2024 White Paper’s clear statement that “the stable bedrock of any future regulation” addressing Pillar II objectives is the 2022 European Declaration on Digital Rights and Principles for the Digital Decade which called for “adequate frameworks” ensuring that market actors make “a fair and proportionate contribution” to the costs of public infrastructures.
Finally, we call on the Commission to refrain from introducing via the DNA, as advocated by the telecom operators[1], a dispute resolution mechanism implementing a so-called “fair share” settlement regime whereby content and application providers would be required to pay telecom companies mandatory fees for delivering traffic.
EMMA-ENPA fully reiterates below, in general lines, its arguments against any potential introduction – directly or indirectly – of any “fair contribution” framework. These arguments are further detailed in our reply to the 2023 exploratory consultation (enclosed herewith and to which we would like to refer the Commission, as an important complement to the present feedback):
Any “direct payments” mechanism towards telecom providers would amount to an unjustified “double billing” for the same service and endanger the EU law net neutrality principle enshrined in Regulation (EU) 2015/2120 of equal and non-discriminatory treatment of traffic.
Any “fair contribution” obligation would impact EU media’s sustainability, innovation capacity, competitiveness and pluralism, regardless of whether it is directly imposed or indirectly bears upon media companies – the latter case should (large) traffic generators subject to any form of fair share regime seek to offset their contributions by passing on the charges to their (business) users, including media companies.
Particularly in the absence of any identified market failure, as recognised by the Body of European Regulators for Electronic Communications (BEREC) in 2022, any such contribution is ungrounded on a coherent policy rationale, risking decisively aggravating already existing imbalances in the digital economy and in the EU internal market.
[1] Connect Europe, Response to the Public Consultation on the European Commission's White Paper "How to Master Europe's Digital Infrastructure Needs?", June 2024. https://connecteurope.org/news/connect-europe-calls- transformative-connectivity-policies-secure-europes-competitiveness.
Annex EMMA-ENPA Reply Call for Evidence Digital Networks Act (english)
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The European Magazine Media Association, is the unique and complete representation of Europe’s magazine media, which is today enjoyed by millions of consumers on various platforms, encompassing both paper and digital formats.
The European Newspaper Publishers’ Association (ENPA) is the largest representative body of newspaper publishers across Europe. ENPA advocates for 14 national associations across 14 European countries, and is a principal interlocutor to the EU institutions and a key driver of media policy debates in the European Union.
