Activities of Stelios KOULOGLOU related to 2022/0277(COD)
Plenary speeches (1)
European Media Freedom Act (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on Establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU
Amendments (33)
Amendment 127 #
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. Global online platforms and online search engines act as gateways to media content, with business models that tend to disintermediate access to media services and 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 207 #
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, once the overall editorial line has been agreed between their owners and editors, the freedom of the editors to take individual 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.
Amendment 248 #
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regardingffective application of 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 functionThese guidelines should respect the competence of the Member States in cultural matters ing of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this fieldrder to promote media pluralism and should not affect existing national measures to ensure prominence. 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 326 #
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operation of media servicr restrict the pcroviders 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 providersss- border activities of news and current affairs programmes of media service providers in the internal market or may affect fundamental freedoms as defined in the Charter of Fundamental Rights of the European Union. 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, transparency, non- discrimination and proportionality.
Amendment 374 #
Proposal for a regulation
Recital 46
Recital 46
(46) In order to enhance the verifiability 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, rights holders 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. The obligations imposed under this Regulation are without prejudice to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX [Digital Markets Act], including those concerning ranking or self- preferencing.
Amendment 381 #
Proposal for a regulation
Recital 47
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems, online platforms 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 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 and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service 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 461 #
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 or otherwise processing data about the number and characteristics of users of media services and of content for the purposes of decisions regarding advertising allocation or prices or the related planning, production or distribution of content;
Amendment 506 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spyware, or outsource to private companies the deployment of spyware in any device or machine used by media service providers or, if applicable, their family members, or their employees or their family members, unless the deployment is justified, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law if such deployment is performed upon authorization and under effective control of a judicial authority,, and measures adopted pursuant to sub- paragraph (b) would be inadequate and insufficient to obtain the information sought.
Amendment 521 #
1. PThe Member States shall ensure, in their national legislation and practice, that public service media providers shall provide, in an impartial and independent manner, a plurality of information and opinions to their audiences, in accordance with their public service mission.
Amendment 608 #
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, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions. In particular, such measures shall aim to:
Amendment 620 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that editors are free to take individual editorial decisions in the exercise of their professional activity; and
Amendment 631 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 649 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The heads of national regulatory authorities and bodies and the members of the collegiate body shall be appointed through a transparent, open and non- discriminatory procedure and on the basis of objective, non-discriminatory, clear, transparent and proportionate criteria.
Amendment 677 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or Union institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 711 #
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 787 #
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 796 #
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 810 #
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 891 #
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 907 #
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 914 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Board shall foster the exchange of best practices among the national regulatory authorities or bodies, consulting stakeholders, where appropriate, and in close cooperation with the Commission, on regulatory, technical or practical aspects pertinent to the consistent and effective application of this Regulation and of the national rules implementing Directive 2010/13/EU.
Amendment 919 #
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) the appropriate prominence of audiovisual media services of general interest under Article 7a and Article 13(1) of Directive 2010/13/EU and measures to monitor that this prominence is being given;
Amendment 922 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU, and on their subsidiaries, holding companies and sister companies.
Amendment 942 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Board shall coordinate measures byfacilitate the cooperation between national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers established or originating from outside the Union that target, irrespective of the means of distribution or access, target or reach audiences in the Union where, inter alia in view of the nature of the control that may be exercised by third countries over them, or their contribution to the dissemination of messages promoted by third countries, such media services prejudice or present a serious and grave risk of prejudice to public security and defence.
Amendment 971 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Content of media service providers on very large online platforms and search engines
Amendment 976 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms and search engines shall provide a functionality allowing recipients of their services to declare that:
Amendment 1008 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspendor very large search engine decides to suspend or otherwise restrict the provision of its online intermediation services in relation to any content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Un shall take all possible measures: a) 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 and Article 17(3) of Regulation (EU) 2022/2065, b) to provide the media service provider with 48 hours to reply to the statement of reasons. The content shall not be suspended or otherwise restricted during the 48 hours period referred to in point (b), unless the content infringes national law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanyi of the country of origin and/or EU law, nor will it be suspended before the media service provider has the ability to challenge that decision, as required by Are prior noticle 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effectpursuant to paragraph 3 of this article.
Amendment 1034 #
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 services in relation to content or a service provided by the media service provider without sufficient grounds, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board.
Amendment 1048 #
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 or service 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 1102 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19 a Right to be able to identify the provider of a media service Media service recipients must be able to easily identify media service providers. Data communicated by media service providers, such as media logos, journalist names and html links to original sources, must remain visible alongside content.
Amendment 1221 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. 1.National regulatory authorities or bodies or the Board may, when they deem it necessary to safeguard media pluralism and editorial independence, 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 and influence peddling. 2. Non-compliance with such commitments may result in administrative sanctions by the national regulatory authorities or bodies
Amendment 1268 #
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 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 1272 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Public funds shall be granted in priority to Media service providers publishing political news and current affairs.