52 Amendments of Brando BENIFEI related to 2021/0381(COD)
Amendment 267 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency and due diligence obligations for providers of political advertising and related services, including sponsors and publishers of political advertising, to retain, disclose, verify, and publish information connected to the provision of such services;
Amendment 285 #
Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
Article 1 – paragraph 3 – point b a (new)
(b a) to ensure the respect of the values referred to in Article 2 TEU, in particular the respect for democracy and freedom, by guaranteeing that citizens can exercise their democratic rights in an informed manner and free from manipulation
Amendment 290 #
Proposal for a regulation
Article 1 – paragraph 4 – point i
Article 1 – paragraph 4 – point i
(i) Regulation (EU) 20212/xxx [the Digital Services Act].
Amendment 291 #
Proposal for a regulation
Article 1 – paragraph 4 – point i a (new)
Article 1 – paragraph 4 – point i a (new)
(i a) Regulation (EU) 2022/xxx [the Digital Markets Act];
Amendment 293 #
Proposal for a regulation
Article 1 – paragraph 4 – point i b (new)
Article 1 – paragraph 4 – point i b (new)
(i b) Regulation (EU) 2016/679;
Amendment 300 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means a service consisting of the preparation, placement, promotion, publication or dissemination, by any means, of a message:
Amendment 308 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence voting behaviour or the outcome of an election or referendum, a legislative or regulatory process; or voting behaviour.
Amendment 310 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b a (new)
Article 2 – paragraph 1 – point 2 – point b a (new)
(b a) which seeks to influence public opinion on broad societal issues.
Amendment 321 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point g
Article 2 – paragraph 1 – point 4 – point g
(g) a political campaign organisation with or without legal personality, established to achieve a specificinfluence the outcome inof an election or referendum;
Amendment 339 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State, as defined in national or Union legislation, and during which the campaign activities are subject to specific rules;
Amendment 361 #
Proposal for a regulation
Chapter II – title
Chapter II – title
II TRANSPARENCY, DUE DILIGENCE AND ACCESSIBILITY OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES
Amendment 363 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Political advertising services shall be diligently provided in a transparent and accessible manner in accordance with the obligations laid down in Articles 54a to 110 and 14 of this Regulation.
Amendment 365 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Accessibility 1. Political advertising publishers shall ensure that political advertisements and the transparency obligations laid down in articles 5 to 10 of this Regulation are accessible to persons with disabilities by complying with relevant accessibility requirements laid down in Annex I of Directive (EU) 2019/881. 2. Political advertising in the form of audiovisual media shall be made accessible by providing the information through more than one sensory channel.
Amendment 370 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Providers of political advertising shall check whether the declaration provided by the sponsor or providers of political advertising services acting on behalf of sponsors is accurate prior to the publication or dissemination of the political advertisement.
Amendment 386 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) where applicable, the identity of the sponsor and its contact details and, where applicable, the identity and contact details of the entity or person ultimately controlling the sponsor.
Amendment 392 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, promotion, publication or dissemination, as the case may be.
Amendment 396 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible.
Amendment 400 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a clear statement to the effect that it is a political advertisement;
Amendment 402 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the identity of the sponsor of the political advertisement and the person or entity ultimately controlling or funding the sponsor;
Amendment 406 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) a transparency notice to enable the understanding by the recipient of the service of the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved.;
Amendment 409 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(c a) where applicable, a statement that the advertisement is using targeting techniques based on the use of personal data and information on the data used for that purpose.
Amendment 413 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. The Commission is empowered to adopt delegated acts in accordance with Article 19 to supplement this Regulation by laying down the necessary rules to establish a harmonised marking or labelling including the form and the content of the label or marking.
Amendment 417 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the identity of the sponsor, its place of establishment and contact details;
Amendment 418 #
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) where applicable, the identity of the person or entity ultimately controlling the sponsor, its place of establishment and contact details;
Amendment 428 #
Proposal for a regulation
Article 7 – paragraph 2 – point d b (new)
Article 7 – paragraph 2 – point d b (new)
(d b) where applicable, the number of views and engagements with the advertisement;
Amendment 436 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Upon receiving the information referred to in paragraph, providers of political advertising services shall check whether the information referred to in paragraphs 1 and 2, provided by the sponsor or providers of political advertising services acting on behalf of sponsors, is reliable, complete and up to date prior to the publication of the political advertisement.
Amendment 438 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. PWhere the political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is becomes aware that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, it shall request the sponsor or the relevant service providers, to correct or complete the information referred to in paragraph 1 and 2 in so far as it is necessary to ensure that all information is accurate, complete, and where they find this is not the case, tup to date, without undue delay. If the correction or completion of the information takes longer than 12 hours to occur, he political advertising publisheyr shall not make available the political advertisementsuspend or shall discontinue the publication or dissemination of the advertisement until the request is fully complied with.
Amendment 445 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
Amendment 449 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication and having due regard to accessibility requirements as laid out in Article 4a. The language of the transparency notice shall be the language of the political advertisement.
Amendment 488 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals or entities to notify them, free of charge and in a user friendly way, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 500 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertismechanisms referred to ing publisher shall inform individuals of the follow up given to the notification as referred to aragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notifications, on the basis of which a diligent advertising paragraph 1ublisher can identify the illegality of the advertisement in question.
Amendment 504 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. The political advertising publisher shall examine and address the notification referred to in paragraph 1 accordingly, in a diligent, objective and non- discriminatory manner and, without undue delay, inform individuals or entities of the follow up given to the notification as referred to in paragraph 1, providing information on the redress possibilities in respect of that decision. 30 days prior to an election or a referendum, political advertising publishers shall examine and address the notification within 24 hours.
Amendment 508 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectivelyby making use of automated tools, including by reference to an announcement on the website of the political advertising publisher concerned.
Amendment 510 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Political advertising publishers shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the mechanism referred to in paragraph 1 by individuals that frequently submit notices that are manifestly unfounded.
Amendment 511 #
Proposal for a regulation
Article 9 – paragraph 4 b (new)
Article 9 – paragraph 4 b (new)
4 b. Online platforms within the meaning of Article 3(i) of Regulation (EU) 2022/xxx [the DSA] that allow sponsors to publish political advertisements as defined in Article 2.2 of this Regulation shall take the necessary technical and organisation measures to ensure that notices submitted by trusted flaggers within the meaning of Article 19 of Regulation (EU) 2022/xxx [the DSA] whose designated area of expertise is political advertising are processed and decided upon with priority and without delay.
Amendment 513 #
Proposal for a regulation
Article 9 – paragraph 4 c (new)
Article 9 – paragraph 4 c (new)
4 c. Without prejudice to Article 19 of Regulation (EU) 2022/xxx [the DSA], the status of trusted flaggers of unlawful political advertisements shall only be awarded where the applicant has demonstrated to meet all of the following conditions: (a) it has particular expertise and competence for the purposes of detecting, identifying and notifying political advertisements which have not been declared as political by their sponsor or that do not comply with the obligations concerning the processing of personal data and/or transparency established in this Regulation; (b) it represents collective interests and is independent from any online platform, political party, political candidate, or government;
Amendment 523 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within two working day24 hours, acknowledge receipt of that request and inform the authority of the steps taken or to be taken to comply with it. The relevant service provider shall provide the requested information within tenfive working days.
Amendment 572 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Legal representatives of sponsors and service providers
Amendment 576 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. Sponsors of political advertising placed, promoted and disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, who are not Union citizens, are not legal residents, or have their place of establishment outside the Union, shall designate, in writing, a natural or legal person as their legal representative in one of the Member States.
Amendment 579 #
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2 b. The Commission shall publish the information referred to in paragraphs 1 and 2a in a publicly available database in an easily accessible and machine- readable format and keep the database updated.
Amendment 596 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the power to request to access to data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks. Competent authorities shall use that data accessed only for the purpose of monitoring and assessing compliance with this Regulation and shall take due account of the rights and interests of the providers of political advertising and the recipients of the service concerned, including the protection of personal data, the protection of confidential information, and maintaining the security of their service.
Amendment 602 #
Proposal for a regulation
Article 15 – paragraph 5 – point a b (new)
Article 15 – paragraph 5 – point a b (new)
(a b) order the cessation of infringements and, where appropriate, to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end, or request a judicial authority in their Member State to do so;
Amendment 604 #
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
Article 15 – paragraph 5 – point c a (new)
(c a) carry out, or request a judicial authority in their Member State to order, inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement in any form, irrespective of the storage medium;
Amendment 607 #
Proposal for a regulation
Article 15 – paragraph 5 – point c b (new)
Article 15 – paragraph 5 – point c b (new)
(c b) promote media and digital literacy programmes to foster the knowledge, skills and understanding that allow both, citizens and political advertising service providers, to engage effectively with the publication and dissemination of political advertising, and to ensure compliance with and the enforcement of this Regulation.
Amendment 620 #
Proposal for a regulation
Article 15 – paragraph 8 – point a
Article 15 – paragraph 8 – point a
(a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact point referred to in paragraph 7, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up without undue delay;
Amendment 627 #
Proposal for a regulation
Article 15 – paragraph 8 – point c
Article 15 – paragraph 8 – point c
(c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and, within a timeframe proportionate to the urgency of the requestout undue delay, provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested.
Amendment 642 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. Member States shall ensure that the minimum amount of fines that may be imposed for a failure to comply with an obligation laid down in this Regulation shall be 2 % of the annual worldwide turnover of the provider of political advertising services concerned in the preceding financial year.
Amendment 643 #
Proposal for a regulation
Article 16 – paragraph 2 b (new)
Article 16 – paragraph 2 b (new)
2 b. Member States shall ensure that the minimum amount of the fine that may be imposed for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information shall be 1 % of the annual income or worldwide turnover of the provider of political advertising services concerned in the preceding financial year.
Amendment 650 #
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4 a. Infringements of the present Regulation by political advertisements promoted, published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised shall be considered particularly serious.
Amendment 652 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Right to lodge a complaint Any person, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to lodge a complaint against providers of political advertising, publishers and sponsors alleging an infringement of this Regulation with the contact point of the Member State where the person is located or established. During these proceedings, both parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with national law. Where the complaint falls under the responsibility of another competent authority in its Member State, the contact point receiving the complaint shall transmit it to that authority within ten working days. The competent authority receiving the complaint shall assess, and where appropriate, act within fifteen working days. During electoral periods, the assessment shall happen within five working days.
Amendment 670 #
(b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, verified telephone number and verified electronic mail address, and whether they are a natural or legal entity.
Amendment 676 #
Proposal for a regulation
Annex I – point d
Annex I – point d
(d) any election or referendum with which the advertising is linked, if applicable.