Activities of Tom VANDENDRIESSCHE related to 2021/0381(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
Amendments (35)
Amendment 98 #
Proposal for a regulation
Recital 4
Recital 4
(4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices.
Amendment 99 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Transparency for publishers of political advertising, such as social media firms, is of fundamental importance for honest political debate and free elections. Those publishers should be transparent about ensuring equal access for political messages, and the reach of those messages, in order to maintain a level playing field.
Amendment 105 #
Proposal for a regulation
Recital 6
Recital 6
(6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross- border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertisIn any case, Member States themselves assess the impact of political advertising on their national democracy and regulate accordingly.
Amendment 106 #
Proposal for a regulation
Recital 7
Recital 7
(7) To provide enhanced transparency of political advertising including to address citizens' concerns, some Member States have already explored or are considering additional measures to address the transparency of political advertising and to support a fair political debate and free and fair elections or referendums. These national measures are in particular considered for advertising published and disseminated online and may include further prohibitions. These measures vary from soft to binding measures and imply different elements of transparencyprohibitions should always respect the right to free and pluralistic information.
Amendment 109 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 111 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 119 #
Proposal for a regulation
Recital 19
Recital 19
(19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remunerationdisproportionately favour those who hold political power. To guarantee pluralism, they too should not be covered by this Regulation.
Amendment 121 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to define political advertisement as any instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media, through participation in current-affairs and entertainment programmes or via an online platforms service.
Amendment 127 #
Proposal for a regulation
Recital 31
Recital 31
(31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers.
Amendment 132 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 156 #
Proposal for a regulation
Recital 52
Recital 52
Amendment 179 #
Proposal for a regulation
Recital 17
Recital 17
(17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 207 #
Proposal for a regulation
Recital 30
Recital 30
(30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved.
Amendment 239 #
Proposal for a regulation
Recital 44
Recital 44
(44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(1), (2) and (3) of Directive 2013/34/EU.
Amendment 256 #
Proposal for a regulation
Recital 58
Recital 58
(58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States shouldmay designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13. _________________ 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 264 #
Proposal for a regulation
Recital 66
Recital 66
Amendment 270 #
Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(ba) the reach of the political message;
Amendment 301 #
Proposal for a regulation
Article 9
Article 9
Amendment 302 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Amendment 304 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Amendment 341 #
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 and during which the campaign activities are subject to specific rules;
Amendment 468 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 482 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Paragraph 1 shall not apply to undertakings that qualifying under as micro, small or medium-sized enterprises within the meaning of Article 3(3) of Directive 2013/34/EU.
Amendment 547 #
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. Any information provided pursuant to this article may only be used in the context for which it was requested i.e. for the purpose specified in the request made to the provider of political advertising services by the entity referred to in paragraph 2.
Amendment 566 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 584 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 38 of Regulation (EU) 2021/xxx in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 45(1) to (4) and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 592 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Each Member State shallmay designate one or more competentther authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.
Amendment 598 #
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 data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks.
Amendment 600 #
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
5. Competent authorities referred to in paragraph 3, where exercising their enforcement powers in relation to this Regulation, shall have the power to:
Amendment 617 #
Proposal for a regulation
Article 15 – paragraph 8 – introductory part
Article 15 – paragraph 8 – introductory part
8. Where a provider of political advertising services is providing services in more than one Member State, or has its main establishment or a representative in a Member State but provides its main activities in another Member State, theeach competent authority of the Member State of the main establishment or other establishment or of the represenwhere the services are being provided shall be considered competent for applying supervisory or enforcement measures. The authorities of the different Member States shall cooperate and provide each other with support if necessary. Unless already provided for under EU law, a competent authority may request, via the contact point referred to in paragraph 7, in a substantive, and ated, justified and proportionate manner, that another competent authorities of those other Member States shall cooperate with and assist each other as necessary. Unless already regulated by Union law,y, where it is better placed, take the supervisory or enforcement measures referred to in paragraphs 4 and 5; The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a time frame proportionate to the urgency of the request, provide a response or inform that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in thate cooperation shall entail, at least, the following: ntext of the request for assistance and provided under this article shall only be used in the context of the matter for which it was requested.
Amendment 618 #
Proposal for a regulation
Article 15 – paragraph 8 – point a
Article 15 – paragraph 8 – point a
Amendment 622 #
Proposal for a regulation
Article 15 – paragraph 8 – point b
Article 15 – paragraph 8 – point b
Amendment 625 #
Proposal for a regulation
Article 15 – paragraph 8 – point c
Article 15 – paragraph 8 – point c
Amendment 631 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Contact points shall meetexchange information periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 637 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction and under the applicable data protection legislation, where appropriate, for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive.