The Government of Montenegro, or to be more precise, the Ministry of Culture and Media, plans to prepare concrete proposals of amendments to the laws by the end of the year in order to create conditions for transposition of the Regulation on a Single Market For Digital Services – better known under the name Digital Services Act (DSA) and the European Media Freedom Act (EMFA) into the Montenegrin legal order during 2026.
What are DSA and EMFA?
Through its two key pieces of legislation – Digital Services Act (DSA) and European Media Freedom Act (EMFA) – the European Union laid the foundations for stronger protection of the freedom of the media and freedom of expression in digital space. DSA regulates the operation of large online platforms, introducing the obligation of algorithm transparency, protection of users from arbitrary censorship and ensuring access to data for researches, which contributes to better control of disinformation spread. On the other side, EMFA strengthens the independence of journalists and editors, protects media from political and commercial pressures, promotes ownership transparency and prohibits abuse of spy software. Together, these enactments constitute a response of the EU to the increasingly serious challenges in the field of media freedoms, particularly in the context of digitalization and the increasing pressures on independent media around Europe.
For Montenegro, that aspires to close all the chapters in the negotiations with the EU by the end of 2026, implementation of these legislative enactments is a necessary part of that process.
What is envisaged in the Action Plan?
The Action Plan for the Chapter 23 envisages that the Government will align national legislation with the European Media Freedom Act (EMFA) and relevant parts of the Digital Services Act (DSA) during 2025, respecting the existing legislative and institutional framework and the capacities needed for implementation and supervision. The Plan envisages that during 2026 these two documents will be successfully transposed and implemented in the national legal order.
Analysis Conducted, Working Group to Act
The Ministry of Culture and Media clarifies that this year the analysis of conditions for these steps was conducted.
„In line with the obligations in the process of European integration and the need to align with the latest European Union legislation, during the first half of 2025 the Ministry of Culture and Media conducted a comprehensive analysis of national legislation in relation to the Regulation on a Single Market For Digital Services – better known under the name Digital Services Act (DSA) and the Regulation establishing a common framework for media services – European Media Freedom Act (EMFA)“, says the Ministry of Culture and Media for Eurokaz.
As they say, on the basis of that analysis, a table of concordance was developed and after that, in June, a multi-sectorial working group was established. This working group comprises representatives of judiciary, regulatory bodies, relevant state institutions and civil society organizations.
„The working group officially started working in July this year, and it already had two meetings, while the next one is planned for next week. It is expected that by the end of the year the concrete proposals for amendment of relevant laws will be prepared, creating thus the conditions for transposition of DSA and EMFA into the Montenegrin legal order in 2026“, adds the Ministry.
In the Ministry of Culture, they say that, since DSA and EMFA refer to a wide range of areas – from media laws, through electronic communication and trade, to data protection, cyber security and competition – it is clear that this will be an exceptionally complex and demanding legislative intervention that has to be implemented with prudent inter-sectorial alignments. However, they emphasize that, if the planned activities are implemented within the envisaged deadlines, adoption of the law to ensure application of the Digital Services Act (DSA) and European Media Freedom Act (EMFA) in Montenegro can be expected during 2026.
Speaking about how important it is for Montenegro to implement these Regulations, the Ministry of Culture underlines that the benefits are manifold.
„It is, of course, an important step in the process of meeting the obligations from the process of accession to the European Union. However, it is even more important what essential impact these reforms will have for the protection of fundamental human rights, digital space security and improvement of standards of transparency, responsibility and freedom of expression“, says the Ministry of Culture and Media.
Digital Services Act, that is being implemented in the EU since February 2024, establishes uniform rules for all providers of digital services, including mediators on the Internet, social networks, online trading platforms and applications. Its basic purpose is to prevent spread of unlawful and damaging contents, to protect users’ rights and to ensure responsible management of algorithm systems and online advertising, clarifies the Ministry.
As the Ministry claims, implementation of DSA will create conditions for better protection of personal data and rights of consumers, improved protection of minors, prevention of disinformation and combating hate speech on the Internet.
European Media Freedom Act, whose full application is expected in the EU in August 2025, focuses on the protection of independence of editors, transparency of media ownership, protection of information sources and ensuring independence of public media services. EMFA also introduces protection mechanisms for the cases where global platforms remove media contents without justification and regulates the way in which the state advertising is distributed using transparent criteria.
For Montenegrin public, as this Ministry says, adoption and implementation of these Regulations would mean establishment of a clear and comprehensive regulatory framework that ensures more secure and more responsible digital environment, strengthening of the media freedoms, as well as more efficient institutional mechanisms for supervision and protection of users.
„This will additionally strengthen citizens’ trust into democratic processes, media freedoms and digital services, which is the key precondition for long-term progress of the society and institutional development“, concludes the Ministry of culture and Media.
By Jovana Đurišić
This text was published in the 16th issue of Eurokaz magazine.
