Activities of Željana ZOVKO related to 2022/0277(COD)
Plenary speeches (1)
European Media Freedom Act (debate)
Amendments (38)
Amendment 118 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and 167 thereof,
Amendment 122 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Reminds that all media service providers are free to offer their services across the EU; encourages a better dialogue between the media industry, responsible bodies in Member States and the Board in order to strengthen media freedom and media pluralism that will effectively combat disinformation and foreign interference; underlines the importance of using good practices from the EU to assist EU candidate states and partner countries, particularly the Western Balkans.
Amendment 124 #
Proposal for a regulation
Recital 2
Recital 2
(2) GReminds that media pluralism and media freedom is one of the main pillars of democracy and it should also be considered as a cultural good which is crucial to maintain cultural and linguistic diversity; given their unique role, the protection of media freedom and pluralism is an essential feature of a well-functioning internal market for media services (or ‘internal media market’). This market has substantially changed since the beginning of the new century, becoming increasingly digital and international. It offers many economic opportunities but also faces a number of challenges. The Union should help the media sector seize those opportunities within the internal market, while at the same time protecting the values, such as the protection of the fundamental rights, that are common to the Union and to its Member States.
Amendment 125 #
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 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 such, both global online platforms, as well as social media, search engines and possible AI generated content and mechanisms should be regulated better and fall under the scope of this regulation. 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 144 #
Proposal for a regulation
Recital 8
Recital 8
(8) In the digitalised media market, providers of video-sharing platforms or very large online platforms or hosting services in general 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 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 large online platform provider and as a media service provider.
Amendment 157 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that society reaps the benefits of the internal media market, it is essential not only to guarantee the fundamental freedoms under the Treaty, but also the legal certainty which the recipients of media services need for the enjoyment of the corresponding benefits. Such recipients should have access to quality media services in their respective languages, including smaller languages, which have been produced by journalists and editors in an independent manner and in line with journalistic standards and hence provide trustworthy information, including news and current affairs content.; reminds how important it is to ensure fair remuneration and protection of journalists; Such right does not entail any correspondent obligation on any given media service provider to adhere to standards not set out explicitly by law. Such quality media services are also an antidote against disinformation, including foreign information manipulation and interference. ; underlines the importance of cooperation between Member States, the Commission and the Board in finding sustainable solutions to protect journalists and mitigate any kinds of threats to editorial independence, media freedom and media pluralism;
Amendment 164 #
Proposal for a regulation
Recital 14
Recital 14
(14) The protection of editorial independence is a precondition for exercising the activity of media service providers and their professional integrity. Editorial independence is especially important for media service providers providing news and current affairs content given its societal role as a public good. MWithout affecting the rules of Directive 2010/13/EU and their implementation by the Member States, media service providers should be able to exercise their economic activities freely in the internal market and compete on equal footing in an increasingly online environment where information flows across borders.
Amendment 166 #
Proposal for a regulation
Recital 15
Recital 15
(15) Member States have taken different approaches to the protection of editorial independence, which is increasingly challenged across the Union. In particular, there is growing interference with editorial decisions of media service providers in several Member States. Such interference can be direct or indirect, from the State or other actors, including public authorities, elected officials, government officials and politicians, for example to obtain a political advantage; underlines the importance of ensuring transparent and independent information flow that is crucial for strenghtening citizens' trust and their democratic participation. Shareholders and other private parties who have a stake in media service providers may act in ways which go beyond the necessary balance between their own business freedom and freedom of expression, on the one hand, and editorial freedom of expression and the information rights of users, on the other hand, in pursuit of economic or other advantage. Moreover, recent trends in media distribution and consumption, including in particular in the online environment, have prompted Member States to consider laws aimed at regulating the provision of media content. Approaches taken by media service providers to guarantee editorial independence also vary. As a result of such interference and fragmentation of regulation and approaches, the conditions for the exercise of economic activities by media service providers and, ultimately, the quality of media services received by citizens and businesses are negatively affected in the internal market. It is thus necessary to put in place effective safeguards enabling the exercise of editorial freedom across the Union so that media service providers can independently produce and distribute their content across borders and service recipients can receive such content.; encourages cross-border cooperation and sharing of best practices between Member States and EU partner countries, notably EU candidate countries;
Amendment 170 #
Proposal for a regulation
Recital 16
Recital 16
(16) Journalists and editors are the main actors in the production and provision of trustworthy media content, in particular by reporting on news or current affairs. It is essential therefore to protect editorial freedom, ensure a quality and safe work landscape and protect journalists’ capability to collect, fact-check and analyse information, including information imparted confidentially both in the real and online world. In particular, media service providers and journalists (including those operating in non-standard forms of employment, such as freelancers) should be able to rely on a robust protection of journalistic sources and communications, including against deployment of surveillance technologies, since without such protection sources may be deterred from assisting the media in informing the public on matters of public interest. As a result, journalists’ freedom to exercise their economic activity and fulfil their vital ‘public watchdog’ role may be undermined, thus affecting negatively access to quality media services. The protection of journalistic sources contributes to the protection of the fundamental right enshrined in Article 11 of the Charter.
Amendment 187 #
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 access to quality information and impartial media coverage, as part of their mission. 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, to 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 mission 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 mission 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 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.; proposes that Member States ensure a high level of transparency for the received funding in order to be able to track any possible iregularities concering the source of funding;
Amendment 206 #
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 322 #
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operation of media service providers in the internal market. They includemedia pluralism and editorial independence by restricting the possibility for media service providers in the internal market to provide access to a plurality of views and to reliable sources of information by citizens and businesses alike. Those measures can take various forms such as, 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 or 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, adequateness, transparency, non- discrimination and proportionality.
Amendment 406 #
Proposal for a regulation
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) Regulation (EU) 2022/XXX [Regulation on the transparency and targeting of political advertising].; and the implementation of the aforementioned directives into national law;
Amendment 407 #
Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 1 (new)
Article 1 – paragraph 2 – subparagraph 1 (new)
- Directive 2001/29/EC - Directive 2010/13/EU and Directive 2018/1808, with the exception of Art.27 of the Regulation; - Directive 2019/789/EU and particularly the scope of news and current affairs defined in its recital 10;
Amendment 420 #
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 press publications to the general public, by any means, in order to inform, entertain or educate, under the editorial responsibility of a media service provideras defined into Directive 2010/13/EU;
Amendment 448 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ significantly impacting media pluralism means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service provider, one provider of very large online platform or one provider of very large onine search engine, and which has a significant impact on the structure of the media market;
Amendment 458 #
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 users of online platforms for the purposes of decisions regarding advertising allocation or prices or the relatedregarding the planning, production or distribution of content;
Amendment 464 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
(14a) ´proprietary audience measurement systems´ means audience measurement systems used by online platforms without market governance or outside of industry standards agreed by relevant self-regulatory bodies;
Amendment 607 #
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 615 #
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 in accordance with the editorial line; and
Amendment 639 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The obligations under this Article shall not apply to media service providers that are micro enterprise-undertakings or small undertakings within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 670 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Board shall replace and succeed the European Regulators Group for Audiovisual Media Services (ERGA) established by Directive 2010/13/EU.; proposes that ERGA becomes a subsection of the Board, in charge of the implementation of Directive 2010/13/EU;
Amendment 673 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Board shall act in full independence, including from political, economic or other sources of influence 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, 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. ; reminds of the importance of ensuring independence of the Board and calls on the Commission to appoint an external expert to carry out annual evaluations and supervision of the independent work and activities of the board;
Amendment 681 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Board shall be composed of representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU.; reminds the importance of maintaining quality coherence and transparent cooperation with national regulatory bodies while carrying out its obligations;
Amendment 740 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided byindependent of the Commission. and Member States;
Amendment 763 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
Without prejudice to the powers granted to the Commission by the Treaties, the Board shall promote the effective and consistent application of this Regulation and of national rules implementing Directive 2010/13/EU throughout the Union. In order to be fully efficient, there should be a structured hierarchy and clear chain of responsibility in order to maintain a balance between national and EU's competences. The Board shall:
Amendment 766 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) support the Commission, through technical expertise, in ensuring the correct application of this Regulation and the consistent implementation of Directive 2010/13/EU across all Member States, without prejudice to the tasks of national regulatory authorities or bodies; proposes to first establish regular detection of media pluralism and media freedom violations in cooperation with competent national bodies in all Member States;
Amendment 769 #
Proposal for a regulation
Article 12 – paragraph 1 – point a – point i (new)
Article 12 – paragraph 1 – point a – point i (new)
i) Calls on the Board to define a clear criteria to determine the level of media freedom and media pluralism violations in EU Member States; proposes to establish quality cooperation with competent bodies in EU partner countries and EU candidate countries, notably the Western Balkans countries;
Amendment 770 #
Proposal for a regulation
Article 12 – paragraph 1 – point a – point ii (new)
Article 12 – paragraph 1 – point a – point ii (new)
ii) Calls on the Board to establish an official qualification and ranking of Member States based on the state of media freedom and media pluralism in regards to the results of the monitoring; based on these results, calls on the Board to develop personalised recommendations and strategies for each country taking into account their national regulations, single market objectives and cultural diversity; underlines the importance of providing additional assistance to smaller Member States and those with a particularly high level of media violations;
Amendment 833 #
Proposal for a regulation
Article 12 – paragraph 1 – point i
Article 12 – paragraph 1 – point i
(i) upon request of at least one of the concerned authorities, mediate in the case of disagreements between national regulatory authorities or bodies, in accordance with Article 14(3) of this Regulation; proposes that in case of any detected irregularities, the Board should notify the concerned Member State and recommend sanctions to solve the problem;
Amendment 920 #
(a) the appropriate prominence of audiovisual media services of general interest under Article 7a and Article 13.1 of Directive 2010/13/EU;
Amendment 921 #
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, as well as their subsidiaries, sister companies and parent companies; and helping Member States to seize this possibility.
Amendment 1106 #
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the operationmedia pluralism and editorial independence of media service providers in the internal market, and therefore to affect the access to a plurality of views and to reliable sources of information in every language by citizens and business alike shall be duly justified and proportionate. Such measures shall be reasoned, adequate, transparent, objective and non- discriminatory.
Amendment 1136 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure 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. The Board, upon request by a media service provider individually and directly affected by a measure or by the Commission, shall draw up an opinion on the measure.
Amendment 1166 #
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 on the market, taking into account the online environmentfocusing on activities related to the provision of information, taking into account the online environment, the important role of public service media providers and the parties’ interests, links or activities in other media or non-media businesses;
Amendment 1235 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ business secrets, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and, advertisers, and right holders, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the data collected and on the methodology used by their audience measurement systems. Right holders should also have access to consumption data collected regarding their own programs. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 1275 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including EU institutions, 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 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 1323 #
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) a detailed annual analysis of the resilience of media markets of all Member States, including as regards and EU partner countries, notably the Western Balkans and EU candidate states, including cooperation on drafting comprehensive reports on the level of media concentration and risks of foreign information manipulation and interference;