Activities of Maria GRAPINI related to 2022/0277(COD)
Plenary speeches (1)
European Media Freedom Act (debate)
Amendments (120)
Amendment 173 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the digital media space, citizens and businesses access and consume media content, immediately available on their personal devices, increasingly in a cross- border setting. GlobalVery large online platforms and very large online search engines act as gateways to media content, with business models that tend to disintermediate access to media services and can be used in a way that strongly influences the shaping of public opinion and discourse. The way they design their services is generally optimised to benefit their often advertising-driven business models that can cause societal concerns and can amplify polarising content and disinformation. These platforms are also essential providers of online advertising, which has diverted financial resources from the media sector, affecting its financial sustainability, and consequently the diversity of content on offer. As media services are knowledge- and capital- intensive, they require scale to remain competitive and to thrive in the internal market. To that effect, the possibility to offer services across borders and obtain investment including from or in other Member States is particularly important.
Amendment 174 #
Proposal for a regulation
Recital 4
Recital 4
(4) However, the internal market for media services is insufficiently integrated. A number of unjustified national restrictions hamper free movement within the internal market. In particular, dDifferent national rules and approaches related for example to media pluralism and editorial independence, insufficient cooperation between national regulatory authorities or bodies as well as opaque and unfair allocation of public and private economic resources make it difficult for media market players to operate and expand across borders and lead to an uneven level playing field across the Union. The integrity of the internal market for media services may also be challenged by providers that systematically engage in disinformation, including information manipulation and interference, and abuse the internal market freedoms, including by state-controlled media service providers financed by certain third countries.
Amendment 175 #
Proposal for a regulation
Recital 8
Recital 8
(8) In the digitalised media market, providers of video-sharing platforms or very large online platforms may fall under the definition of media service provider. In general, such providers play a key role in the content organisation, including by automated means or algorithms, but do not exercise editorial responsibility over the content to which they provide access. However, in the increasingly convergent media environment, some providers of video-sharing platforms or very large online platforms have started to produce their own content and to exercise editorial control over a section or sections of their services. Therefore, such an entity could be qualified both as a video-sharing platform provider or a very largen online platform provider and as a media service provider.
Amendment 177 #
Proposal for a regulation
Recital 9
Recital 9
(9) The definition of audience measurement should cover measurement systems developed as agreed by industry standards within self-regulatory organisations, like the Joint Industry Committees, and measurement systems developed outside such self-regulatory approaches. The latter tend to be deployed by certain online players who self-measure or provide their proprietary audience measurement systems to the market, which do not necessarily abide by the commonly agreed industry standards. Given the significant impact that such audience measurement systems have on the advertising and media markets, they should be covered by this Regulation, this will ensure that all providers, including providers of proprietary audience measurement systems, are transparent about their audience measurement methodologies.
Amendment 181 #
Proposal for a regulation
Recital 10
Recital 10
(10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or regional level, or local governments of territorial entities of more than 1 million inhabitants in which the State is involved in the everyday business and has influence or control over advertising strategies. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other sudden incidents that can cause harm to individuals.
Amendment 186 #
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have universal access to quality information, services and impartial media coverage, as part of their missionrole. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, tohat Member States put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their missionrole that enables predictability in their planning. Preferably, such funding should be decided and appropriated on a multi- year basis, in line with the public service missionrole of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the application of the State aid rules as applied on a case-by-case basis or the competence of Member States to provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Amendment 189 #
Proposal for a regulation
Recital 20
Recital 20
(20) Media integrity also requires a proactive approach to promote editorial independence by news media companies, in particular through internal safeguards. Media service providers should adopt proportionate measures to guarantee, oncein line with the media service providers’ identity and the overall editorial line has been agreed between their owners and editors, the freedom of the editors to take individual independent decisions in the course of their professional activity. The objective to shield editors from undue interference in their decisions taken on specific pieces of content as part of their everyday work contributes to ensuring a level playing field in the internal market for media services and the quality of such services. That objective is also in conformity with the fundamental right to receive and impart information under Article 11 of the Charter. In view of these considerations, media service providers should also ensure transparency of actual or potential conflicts of interest to their service recipients. This is without prejudice to existing legal and self-regulatory frameworks of Member States that govern liability rules applicable to the editorial content of media services, where the principal purpose of such decisions is to shield the media service provider or the editors from liability risks.
Amendment 193 #
Proposal for a regulation
Recital 21
Recital 21
(21) To mitigate regulatory burdens, micro enterprises within the meaning of Article 3 of Directive 2013/34/EU of the European Parliament and of the Council50 should be exempted from the requirements related to information and internal safeguards with a view to guaranteeing the independence of individual editorial decisions. Moreover, mMedia service providers should be free to tailor the internal safeguards to their needs, in particular if they are small and medium- sized enterprises within the meaning of that Article. The Recommendation that accompanies this Regulation51 provides a catalogue of voluntary internal safeguards that can be adopted within media companies in this regard. The present Regulation should not be construed to the effect of depriving the owners of private media service providers of their prerogative to set strategic or general goals and to foster the growth and financial viability of their undertakings. In this respect, this Regulation recognises that the goal of fostering editorial independence needs to be reconciled with the legitimate rights and interests of private media owners. __________________ 50 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19-76). 51 OJ C , , p. .
Amendment 201 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 204 #
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and may draw up opinions in agreement with the Commission or upon its request in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commissionn independent secretariat. The secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 212 #
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring an effective application and consistent regulatory practice regarding this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this fieland consistent implementation in this field. Such guidelines should respect the Member States’ competence in cultural matters with a view to promoting media pluralism, entertainment, information and education and be principle-based. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 218 #
Proposal for a regulation
Recital 30
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers established outside the Union that target audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordination between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 228 #
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act]2065 , they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act]2065 and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54 and Article17 of Regulation (EU) 2022/2065. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms , if possible, should endeavour to submit the statement of reasons prior to the removal or restriction taking effect without prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]2065. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]2065 . __________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 234 #
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine- readable standard of the Journalism Trust Initiative or oensure that their terms and conditions and moderation processes guarantee the freedom of expression and of information, including media freedom and pluralism of news and information of the media service providers within the meaning of Article 2(2). To this end, providers of very large online platforms should act in non-arbitrary and non-discriminatory manner and ensure that their relevacontent cmodes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations ration processes have adequate and sufficient personnel, including specific type of linguistic and cultural diversity training the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionalityo deal with media content that is already a subject to editorial responsibility in one or more Member States.
Amendment 237 #
Proposal for a regulation
Recital 36
Recital 36
(36) Building on the useful role played by ERGA in monitoring compliance by the signatories of EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to foster access to diverse offers of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including those aimed at countering disinformation. The Commission may, where relevant, examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the Union under Regulation (EU) 2022/XXX [Digital Services Act] and may ask the Board to support it to this effect2065.
Amendment 242 #
Proposal for a regulation
Recital 37
Recital 37
(37) Recipients of audiovisual media services should be able to effectively choose the audiovisual content they want to watch according to their preferences. Their freedom in this area may however be constrained by commercial practices in the media sector, namely agreements for content prioritisation between manufacturers of devices or providers of user interfaces controlling or managing access to and use of audiovisual media services, such as connected televisions, and media service providers. Prioritisation can be implemented, for example, on the home screen of a device, through hardware or software shortcuts, applications and search areas, which have implications on the recipients’ viewing behaviour, who may be unduly incentivised to choose certain audiovisual media offers over others. Service recipients should have the possibility to change, in a simple and user- friendly manner, arrangement of applications or content of audiovisual media services and the default settings of a device or user interface controlling and managing access to, and use of, audiovisual media services, without prejudice to measures to ensure the appropriate prominence of audiovisual media services of general interest implementing Article 7a of Directive 2010/13/EC, taken in the pursuit of legitimate public policy considerations.
Amendment 245 #
Proposal for a regulation
Recital 38
Recital 38
(38) Disproportionate or distorted implementation at national level of the minimum requirements foreseen in the Audiovisual Media Services Directive and different legislative, regulatory or administrative measures can negatively affect the operation of media service providers and can create new barriers in the internal market. They include, for example, rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include decisions related to licensing, authorisation or prior notification for media service providers. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures comply with the principles of objective justification, efficiency, transparency, non- discrimination and proportionality.
Amendment 250 #
Proposal for a regulation
Recital 39
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on the Commission’s requests, where national measures are likely to have cross- border affect on the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State.
Amendment 254 #
Proposal for a regulation
Recital 41
Recital 41
(41) National regulatory authorities or bodies, who have specific expertise in the area of media pluralism, shouldmay be involved in the assessment of the impact of media market concentrations on media pluralism and editorial independence where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance, where possible.
Amendment 256 #
Proposal for a regulation
Recital 43
Recital 43
(43) The Board should be empowered tocan provide opinions on draft decisions or opinions by the designated or involved national regulatory authorities or bodies, where the notifiable cross-border concentrations may affect the functioning of the internal media market. This would be the case, for example, where such concentrations involve at least one undertaking established in another Member State or operating in more than one Member State or result in media service providers having a significant influence on formation of public opinion in a given media market. Moreover, where the concentration has not been assessed for its impact on media pluralism and editorial independence by the relevant national authorities or bodies, or where the national regulatory authorities or bodies have not consulted the Board regarding a given media market concentration, but that media market concentration is considered likely to affect the functioning of the internal market for media services, the Board should be able to provide an opinion, upon request of the Commission. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 259 #
Proposal for a regulation
Recital 44
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market. The assessment should also take into account competition with online platforms.
Amendment 261 #
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production of content. Accordingly, media market players, in particular media service providers and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in incomparable measurement systems and information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market. Such providers of proprietary audience measurement systems developed without market governance or outside of European or national industry standards agreed by the relevant national self-regulatory bodies shall provide the same information on methodologies, as the one published by self-regulatory bodies that govern the agreed industry standards on audience measurement.
Amendment 266 #
Proposal for a regulation
Recital 46
Recital 46
(46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period and the coverage of measurement. The obligations imposed under this Regulation are without prejudice to the right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights and Regulation 2016/679 (General Data Protection Regulation) or to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX [Digital Markets Act]1925, including those concerning ranking or self- preferencing.
Amendment 269 #
Proposal for a regulation
Recital 47
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or together with media service providers, or by organisations or associations representing them, can contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providers, and independent third-party audience measurement providers, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
Amendment 274 #
Proposal for a regulation
Recital 50
Recital 50
(50) Risks to the functioning and resilience of the internal media market should be regularly monitored as part of the efforts to improve the functioning of the internal market for media services. Such monitoring should aim at providing detailed data and qualitative assessments on the resilience of the internal market for media services, including as regards the degree of cross-border concentration of the market at national and regional level and risks of foreign information manipulation and interference. It should be conducted independently, on the basis of a robust list of key performance indicators, developed and regularly updated by the Commission, in consultation with the Board. Given the rapidly evolving nature of risks and technological developments in the internal media market, the monitoring should include forward-looking exercises such as stress tests to assess the prospective resilience of the internal media market, to alert about vulnerabilities around media pluralism and editorial independence, and to help efforts to improve governance, data quality and risk management. In particular, the level of cross-border activity and investment, regulatory cooperation and convergence in media regulation, obstacles to the provision of media services, including in a digital environment, as well as transparency and fairness of allocation of economic resources in the internal media market should be covered by the monitoring. It should also consider broader trends in the internal media market and national media markets as well as national legislation affecting media service providers. In addition, the monitoring should provide an overview of measures taken by media service providers with a view to guaranteeing the independence of individual editorial decisions, including those proposed in the accompanying Recommendation. In order to ensure the highest standards of such monitoring, the Board, as it gathers entities with a specialised media market expertise, should be duly involved, where appropriate.
Amendment 279 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) Regulation (EU) 2022/XXX [the Digital Services Act]2065;
Amendment 280 #
Proposal for a regulation
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) Regulation (EU) 2022/XXX [the Digital Markets Act]1925 ;
Amendment 281 #
Proposal for a regulation
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) Directive 2002/58/EC
Amendment 282 #
Proposal for a regulation
Article 1 – paragraph 2 – point f b (new)
Article 1 – paragraph 2 – point f b (new)
(fb) Directive (EU) 2016/680
Amendment 290 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or content of press publications to the general public, by any means, in order to inform, entertain or educate, under the editorial responsibility of a media service provider;
Amendment 294 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means a natural or legal person whose professional business activity is to provide a media service and who has editorial responsibility for the choice of the content or decides the overall editorial line and exercises editorial control over a section or sections of the media service and determines the manner in which it is organised;
Amendment 302 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘editor’ means a natural person or a number of natural persons possibly grouped in a body, regardless of its legal form, status and composition, that has editorial responsibility and takes or supervises editorial decisions within a media service provider;
Amendment 305 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘editorial responsibility’ means the exercise of effective control, based on national standards of journalism, both over the selection of the programmes or the content of press publications and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
Amendment 308 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) “provider of online platform” means a provider of a hosting service pursuant to Article 2(h) of Regulation (EU) 2022/2065.
Amendment 309 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘provider of very large online platform’ means a provider of an online platform that has been designated as a very large online platform pursuant to Article 25(4) of Regulation (EU) 2022/XXX [Digital Services Act]2065;
Amendment 311 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 where the merging entities or the target of concentration involvinges at least one media service provider, and which has a significant impact on the structure of the media market and media pluralism, irrespective of whether it is notifiable to the Commission under that Regulation or to a competent national competition authority under national merger rules;
Amendment 315 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting orand otherwise processing comparable data about the number and characteristics of users of media services and online platforms, to determine a specific audience within the potential audience for the purposes of decisions regarding promotion, publication, advertising allocation or prices or the related planning, producbuying, selling, production, dissemination or distribution of content;
Amendment 320 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publicationromotion, publication, delivery or dissemination, in any media service or online platform, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any national or regional public authority, such as national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level, or any local government of a territorial entity of more than 1 million inhabitants in which the State is involved in the everyday business and has influence or control over advertising strategies;
Amendment 324 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elementssurveillance technologies’ means any electronic, mechanical, or other surveillance device that enables the covert surveillance of natural or legal persacquisition of informations by monitoring, extracting, collecting or analysing data from such products or from the natural or legal persons using such products, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user devices,of any information and communication technology without the natural or legal person concerned being made aware in a specific manner and having given their express specific free and informed consent in that regard;
Amendment 326 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point a
Article 2 – paragraph 1 – point 17 – point a
(a) terrorism, as defined in Directive (EU) 2017/541 of the European Parliament and of the Council,
Amendment 327 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Recipients of media services in the Union shall have the right to receive and have access to a plurality of news and current affairs content, in their own language, and related to their own cultural references, produced with respect for editorial freedom of media service providers, to the benefit of the public discourse.
Amendment 337 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate an independent authority or body to handle complaints lodged by media service providers or, if applicable, their family members, their employees or their family members, regarding breaches of paragraph 2, points (b) and (c). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b) and (c). Each independent authority or body handling complaints under this Article shall act with complete independence and remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody in performing its tasks and exercising its powers in accordance with this Regulation.
Amendment 338 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Nothing in this Regulation shall be construed as prohibiting, restricting or undermining the provision or the use of encrypted services.
Amendment 342 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. PMember States shall ensure that public service media providers shall provide in an independently and impartial manner a plurality of information, diverse content and opinions to their audiences, in accordance with their public service missionrole.
Amendment 350 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service missionrole. Those resources shall be such that editorial independence is safeguarded.
Amendment 353 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their services the following informationincluding, to the extent possible, to persons with disabilities, the detailed, comprehensive and up-to-date information, for the performance of a task carried out in the public interest:
Amendment 355 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) ofir ownership, including their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making;
Amendment 357 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the name(s) of their beneficial owners within the meaning of Article 3, point 6 of Directive (EU) 2015/849 of the European Parliament and of the Council.
Amendment 359 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) the interests, links or activities of their owners in other media or non-media businesses;
Amendment 360 #
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
(cb) any other interests that could influence their strategic decision-making or their editorial line;
Amendment 363 #
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Article 6 – paragraph 1 – point c c (new)
(cc) any changes to their ownership or control arrangements.
Amendment 369 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Without prejudice to national constitutional laws consistent with the Charter and national self-regulatory models, media service providers providing news and current affairs content shall take measures that they deem appropriate measures with a view to guaranteeing the independence of individual editorial decisand pluralism of news and informations. In particular, such measures shall aim to:
Amendment 371 #
Proposal for a regulation
Article 6 – paragraph 2 – point -a (new)
Article 6 – paragraph 2 – point -a (new)
(-a) ensure that internal rules defining the internal editorial decision making processes are in line with widely recognised and accepted standards of professional and ethical journalism, such as ISO-type standards;
Amendment 373 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that editorse independence of editors, so that they are free to take individualependent editorial decisions in the exercise of their professional activity; and in line with the media service’s editorial line;
Amendment 374 #
Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
(aa) guarantee that the economic interests of the owners and shareholders of media service providers and their advertisers do not undermine the principles of honesty, independence and pluralism of news and information;
Amendment 377 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs content.; and
Amendment 378 #
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) establish an internal procedure for handling complaints for violation of the internal rules and the principles of honesty, independence of pluralism of news and information, for the recipients or staff of media service providers.
Amendment 381 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 392 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 a (new)
Article 7 – paragraph 4 – subparagraph 2 a (new)
Where needed for carrying out their tasks under this Regulation, the national regulatory authorities or bodies shall have appropriate powers to consult with other relevant national competent supervisory authorities, including digital service coordinators established by Regulation (EU) 2022/2065 and data protection authorities, in the context of their investigations and compliance assessments. Those powers shall include in particular the power to cooperate with different competent supervisory authorities, each acting within their respective areas of competence.
Amendment 393 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 b (new)
Article 7 – paragraph 4 – subparagraph 2 b (new)
Member States shall entrust the relevant national regulatory authorities or bodies with developing and maintaining online media ownership database in each Member State containing disaggregated data about different types of media, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge.
Amendment 394 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 c (new)
Article 7 – paragraph 4 – subparagraph 2 c (new)
Member States and their national regulatory authorities or bodies are encouraged to hold regular exchanges of best practices in the area of media ownership transparency.
Amendment 403 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission and in preparation of its work programme and main deliverables.
Amendment 409 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
Amendment 419 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission.
Amendment 424 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided by the Commissionn independent secretariat.
Amendment 434 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 443 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 448 #
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 454 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) upon request of the Commission, draw up opinions with respect to:
Amendment 456 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i
Article 12 – paragraph 1 – point f – point i
(i) national measures with cross- border implications which are likely to affect the functioning of the internal market for media services, in accordance with Article 20(4) of this Regulation;
Amendment 457 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) cross-border media market concentrations which are likely to affect the functioning of the internal market for media services, in accordance with Article 22(1) of this Regulation;
Amendment 459 #
Proposal for a regulation
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) draw up opinions on draft national opinions or decisions assessing the impact on media pluralism and editorial independence of a notifiable cross-border media market concentration where such a concentration may affect the functioning of the internal market, in accordance with Article 21(5) of this Regulation;
Amendment 462 #
Proposal for a regulation
Article 12 – paragraph 1 – point h – point iii
Article 12 – paragraph 1 – point h – point iii
(iii) the application of Articles 23(1), (2) and (3) pursuant to Article 23(4) of this Regulation in consultation with the relevant experts from research companies or organisations such as Joint Industry committees providing audience measurement for the market.
Amendment 463 #
Proposal for a regulation
Article 12 – paragraph 1 – point m
Article 12 – paragraph 1 – point m
(m) foster the exchange of best practices related to the deployment of audience measurement systems, and encourage compliance with existing codes of conduct, in accordance with Article 23(5) of this Regulation.
Amendment 476 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar days from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 485 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
Amendment 494 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Board shall foster cooperation between media service providers, standardisation bodies or any other relevant stakeholders in order to facilitapromote the development of European-wide harmonised technical standards related to digital signals or design of devices or user interfaces controlling or managing access to and use of audiovisual media services.
Amendment 501 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Board shall coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers established outside the Union that target audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, or their contribution to the propaganda for serious violation of human rights such media services prejudice or present a serious and grave risk of prejudice to public security and defence.
Amendment 507 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, or on its own initiative, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board.
Amendment 512 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The Board shall coordinate measures to ensure the equal treatment of all audiovisual media, and in particular to ensure that media service providers established outside the Union are subjected to the same conditions or requirements as media service providers based within the Union, in particular respect for the principles of honesty, independence and pluralism of news and information and mechanisms listed in article 6.
Amendment 518 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that:ensure that their terms and conditions and moderation processes guarantee the freedom of expression and of information, including media freedom and pluralism of news and information of the media service providers within the meaning of Article 2(2). To this end, providers of very large online platforms should act in non-arbitrary and non- discriminatory manner and ensure that their content moderation processes have adequate and sufficient personnel, including specific type of linguistic and cultural diversity training to deal with media content that is already a subject to editorial responsibility in one or more Member States.
Amendment 521 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 524 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 527 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 544 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Articleremove or otherwise restrict availability of and access to content provided by a media service provider within the meaning of Article 2(2) or linking to content under its editorial control, on the grounds that such content is incompatible with its terms and conditions, without that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act],2065 it shall take all possireasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act]2065, to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspens17 of Regulation (EU) 2019/2065 and Article 4(1) of Regulation (EU) 2019/1150, if possible prior to removal or restriction taking effect.
Amendment 555 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 by media servand Article providers that submitted a declaration pursuant to paragraph 1 of this Article86 of Regulation (EU)2022/2065 by representative bodies including those representing media service providers are processed and decided upon with priority and without undue delay.
Amendment 561 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its servmoves or otherwise restricets in relationavailability of and access to content provided by one or more the media service provider(s) without sufficient grounds and in a manner that undermines media freedom and pluralism, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider(s), upon itstheir request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. TIf no amicable solution is found, the media service provider(s) may notify the outcome of such exchanges to the Boardlodge a complaint before a certified out-of-court dispute settlement body in accordance with Article 21 of Regulation 2022/2065 without prejudice and in addition to its right to effective judicial protection.
Amendment 564 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The media service provider shall immediately notify the outcome of such exchanges to the Board. To this end, the Board shall maintain a transparent, complete, up-to-date, and public register documenting all exchanges referred to in paragraph 4, including information regarding the name of the concerned media service providers and very large online platforms, as well as the number of meetings, meeting documents, and the outcomes of such exchanges.
Amendment 566 #
Proposal for a regulation
Article 17 – paragraph 4 b (new)
Article 17 – paragraph 4 b (new)
4b. Pursuant to the objectives laid out in paragraph 5, the Board shall be able to request additional documentation when it finds that the information provided by very large online platforms in the context of meaningful and effective dialogues is not sufficient or adequate.
Amendment 569 #
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 573 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 578 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of Article 17 of this Regulation, to foster access to diverse offers of independent media on very large online platforms stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services and to monitor adherence to self- regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interference. identifying, analysing and assessing any systemic risks and actual or foreseeable negative effects for the exercise of fundamental rights, as well as any actual or foreseeable negative effects on civic discourse and on media freedom and pluralism of news and information.
Amendment 583 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Users shall have a right to easily change the default settings and the arrangement of applications or content of audiovisual media services of any device or user interface controlling or managing access to and use of audiovisual media services in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. To this end, the identity of the media service provider shall be clearly visible and recognisable alongside the content and services offered and users, including persons with disabilities, shall be able to easily identify the media service provider on any device or user interface controlling or managing access to and use of media services. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
Amendment 589 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State, including, but not limited to, to implement Directive 2010/13/EU, that is liable to affect the operation of media service providers in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, reasoned, efficient, proportionate, transparent, objective and non- discriminatory.
Amendment 595 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure referred to in paragraph 1 is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 599 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure referred to in paragraph 1 that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concerned.
Amendment 609 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point c
Article 21 – paragraph 1 – subparagraph 1 – point c
Amendment 613 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
The assessment referred to in this paragraph shall be distinct frompart of the competition law assessments including those provided for under merger control rules. It shall be without prejudice to Article 21(4) of Regulation (EC) No 139/2004, where applicable.
Amendment 616 #
Proposal for a regulation
Article 21 – paragraph 2 – point -a (new)
Article 21 – paragraph 2 – point -a (new)
(-a) the media market in its entirety, including the online environment, very large online platforms and public service media providers and measures and commitments related to the independence and internal pluralism of the media and the prevention of conflicts of interest.
Amendment 621 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players and services on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non- media businesses;
Amendment 626 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, in line with national laws and self-regulation;
Amendment 630 #
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) whether, in the absence of the concentration, the acquiring and acquired entity would remain economically sustainable, in the short and medium term, and whether there are any possible alternatives to ensure its economic sustainability.;
Amendment 633 #
Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)
Article 21 – paragraph 2 – point c a (new)
(ca) economic and operational sustainability and competition with very large online platforms and publicly funded public service broadcasters.
Amendment 636 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shallmay consult the Board in advance on any opinion or decision it aims to adopt assessing the cross- border impact on media pluralism and editorial independence of a notifiable media market concentration where such concentrations may affect the functioning of the internal market. The national regulatory authority or body may also consult the Board if the operation in question has cross-border dimension, but if only national companies are involved.
Amendment 640 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. Within 14 calendar days from the receipt of the consultationrequest referred to in paragraph 4, the Board shall draw up an opinion on the draft national opinion or decision referred to it, taking account of the cross-border elements referred to in paragraph 2 and transmit that opinion to the consulting authority and the Commission.
Amendment 641 #
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. The national regulatory authority or body referred to in paragraph 4 shallmay take utmost account of the opinion referred to in paragraph 5. Where that authority does not follow the opinion, fully or partially, it shall provide the Board and the Commission with a reasoned justification explainingn explanation of its position within 30 calendar days from the receipt of that opinion. Without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter.
Amendment 642 #
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6a. National regulatory authorities or bodies, when they deem it necessary to safeguard media pluralism and editorial independence, may impose on all actors involved in a media market concentration, and as a prior condition to authorize the transaction, the obligation to make detailed commitments related to the freedom, independence and pluralism of the media and the prevention of conflicts of interest.
Amendment 645 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, upon request of the Commission, shallmay draw up an opinion on the impact of a cross-border media market concentration on media pluralism and editorial independence and on the proper functioning of the internal market, where a media market concentration is likely to affect negatively the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2). The Board may bring cross-border media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 649 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. To secure impartiality in measurement, audience measurement systems shall be carried out by independent third parties or self- regulatory bodies.
Amendment 656 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ businesstrade secrets, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules. The methodology and its application shall be audited at least once a year by an independent body. The information shared by providers must be comparable, as the information on methodologies published by self-regulatory bodies that govern the agreed industry standards on audience measurement, to ensure true market transparency.
Amendment 661 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage and support the drawing up of codes of conduct or compliance with existing codes of conduct by providers of audience measurement systems, together with media service providers, online platforms, their representative organisations and any other interested parties, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. In the drawing up of codes of conduct, special consideration should be given to small media to ensure proper measurements of their audiences.
Amendment 668 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission, assisted by the Board, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article, whilst taking into the existing national codes of conduct.
Amendment 669 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems , media service providers and other interested parties.
Amendment 674 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granted by public authorities to media service providers and providers of online platforms, for the purposes of advertising shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 676 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including European Union bodies institutions and agencies, national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities, where the State is involved in the everyday business and has influence or control over advertising strategies at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers and providers of online platforms, which shall include at least the following details:
Amendment 681 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) the legal names of media service providers from which advertising services were purchased or providers of online platforms;
Amendment 684 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider and to providers of online platforms.
Amendment 691 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the allocation of state advertising in media markets and providers of online platforms. In order to assess the accuracy of the information on state advertising made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 696 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The allocation of state resources to media service providers and providers of online platforms, for the purpose of purchasing goods or services from them other than state advertising shall be subject to the requirements set out in paragraph 1. This Article shall not affect the application of the State aid rules.
Amendment 698 #
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4a. Media service provider or online platform which receives public funds or any other consideration or advantage for the purposes of advertising from third- countries shall annually submit a report to the national regulatory authority or body which shall include at least the following details: (a) the legal names of the entities granting public funds; (b) the total annual amount of the public funds granted. The information reported according to this paragraph shall be made publicly available.