58 Amendments of Monica SEMEDO related to 2022/0277(COD)
Amendment 152 #
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. 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 247 #
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a 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 field. 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 254 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Transparency of media ownership is the precondition to a fuller understanding of media ownership in Europe and makes media pluralism effective. A media ownership database constitutes a valuable resource for citizens and a wide range of stakeholders, but collecting such information in a comprehensive manner remains a challenge. Therefore, Member States and the Board actively participate in information gathering, updating and dissemination activities relating to media- ownership issues.
Amendment 255 #
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28b) National regulatory authorities or bodies established in accordance with Directive 2010/13/EU uphold a media ownership database in order to ensure the public interest because the media helps form public opinion and has direct influence on the outcome of elections. The Commission provides 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 473 #
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 elements'surveillance 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 490 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 497 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) interfere in or try to influence in any way, directly or indirectly, editorial policies and decisions by media service providers or journalists ;
Amendment 501 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) order disclosure, detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers or, if applicableand their journalists, their family members, their employees or their family members, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest, in accordance with Article 52(1)if applicable, any other subject belonging to their professional and private network of relationships, ofr the Charir corporater and in compliance with other Union lawprivate premises;
Amendment 505 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spywareurveillance technologies in any device or machine used by media service providers or, if applicableand their journalists, 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, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain the information sought.if applicable, any other subject belonging to their professional and private network of relationships;
Amendment 508 #
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) create or force access to encrypted communications in any device or machine used by media service providers and their journalists or, if applicable, any other subject belonging to their professional and private network of relationships;
Amendment 514 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Any action that correspond to an interference with journalists’ sources as mentioned in this article under paragraph 1 are only permitted if justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter, the Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, and in compliance with other Union law;
Amendment 516 #
Proposal for a regulation
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
3b. Any sanctions against media service service providers or journalists who refuse to disclose the identity of a source should only be applied by an independent court after a fair trial, which shall be subject to effective judicial remedy;
Amendment 517 #
Proposal for a regulation
Article 4 – paragraph 3 c (new)
Article 4 – paragraph 3 c (new)
3c. In order to be in accordance with Article 52(1) of the Charter and in compliance with other Union law, the following cumulative conditions need to be fulfilled for the justification of actions that interfere with the protection of journalists’ sources: (a) The interference is, ex ante, ordered exclusively by a judge, a court or another independent and impartial body; (b) The interference is justified for the prevention, investigation or prosecution of serious crime; (c) The information sought is crucial for the prevention, investigation or prosecution of serious crime; (d) The interference with journalists’ rights is prescribed by law and is proportionate in respect to the legitimate aim pursued; (e) There are no alternatives for the public authorities to obtain the information sought in another way, without interfering with the protection of journalists’ sources;
Amendment 551 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 558 #
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their servicesshall make easily and directly accessible through electronic, machine readable and user friendly format the following information:
Amendment 559 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) their legal name and contact details and registration numbers;
Amendment 569 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) and contact details of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making;
Amendment 577 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) whether and if so to what extent their direct or beneficial ownership is held by the government, a state institution, state-owned enterprise or other public body;
Amendment 581 #
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
(cb) the interests, links or activities of their owners and their family members known to be close associates of politically exposed persons as defined in Article 3 points 9, 10, 11 of Directive (EU) 2015/849 of the European Parliament and of the Council;
Amendment 582 #
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Article 6 – paragraph 1 – point c c (new)
(cc) the interests, links or activities of their owners and their family members in other media or non-media businesses;
Amendment 585 #
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
Article 6 – paragraph 1 – point c d (new)
(cd) any other interests that could influence their strategic decision-making or their editorial line;
Amendment 604 #
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 624 #
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 affairsmedia content.
Amendment 628 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Media service providers shall update the information made available according to paragraph 1 within 30 days of any change to their ownership or control arrangements;
Amendment 634 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 640 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. National regulatory authorities or bodies established in accordance with Directive 2010/13/ EU shall establish national electronic databases of media ownership;
Amendment 641 #
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. Media service providers shall submit the information made publicly available according to paragraph 1 to the national databases of media ownership established according to paragraph 3 within 30 days of any change to their ownership or control arrangements;
Amendment 642 #
Proposal for a regulation
Article 6 – paragraph 3 c (new)
Article 6 – paragraph 3 c (new)
3c. National regulatory authorities or bodies established in accordance with Directive 2010/13/ EU shall submit data provided according to paragraph 4 to the European Database of Media Ownership;
Amendment 643 #
Proposal for a regulation
Article 6 – paragraph 3 d (new)
Article 6 – paragraph 3 d (new)
3d. National regulatory authorities or bodies shall monitor and produce annual reports regarding the ownership in media markets within their Member State. In order to assess the accuracy of the information on media ownership made available pursuant to paragraph 4, national regulatory authorities or bodies may request from media service providers further information;
Amendment 683 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Board shall be composed of high level representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU.
Amendment 698 #
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 shallmay consult the Commission and other relevant stakeholders in preparation of its work programme and main deliverables.
Amendment 709 #
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 738 #
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 Commissionbe supported by an independent secretariat. The secretariat shall have a legal personality.
Amendment 781 #
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 795 #
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 806 #
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 847 #
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) draw up and make available to national regulatory authorities and bodies established according to Directive 2010/13/EU a template for reporting on the ownership of media service providers according to Article 6(4) of this Regulation;
Amendment 850 #
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and operate a European Database of Media Ownership collecting information related to the ownership of media service providers;
Amendment 852 #
Proposal for a regulation
Article 12 – paragraph 1 – point m c (new)
Article 12 – paragraph 1 – point m c (new)
(mc) In so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation with the Commission, may cooperate with competent Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations.
Amendment 855 #
Proposal for a regulation
Article 12 – paragraph 1 – point m d (new)
Article 12 – paragraph 1 – point m d (new)
(md) To that end, the Board may, subject to prior approval by the Commission, establish working arrangements.
Amendment 967 #
Proposal for a regulation
Article 17
Article 17
Amendment 1107 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the operation of media service providers in the internal market shall be duly justified and proportionate, including those taken to implement EU legislative acts, that is liable to affect the provision of media services or operation of media service providers in the internal market shall be duly and objectively justified, proportionate and minimise disruptions on the operation of media service providers. Such measures shall be adequate, reasoned, transparent, objective and non- discriminatory.
Amendment 1131 #
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 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 1211 #
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, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect 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 media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 1266 #
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 1270 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Prior to granting resources to media service providers for the purposes of advertising, public authorities shall ensure that the specific criteria employed to determine the allocation of state advertising according to paragraph 1 are made available to the public in a user- friendly manner over an online interface.Public funds or any other consideration or advantage granted by public authorities shall not exceed 20% of the total annual budget of the media service provider.
Amendment 1278 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including 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 yearlyuser friendly and machine readable format detailed information about their advertising expenditure allocated to media service providers on a quarterly basis, which shall include at least the following details:
Amendment 1290 #
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) a thorough explanation of how the criteria outlined in paragraph 1a were implemented in the allocation of the state funds for the relevant quarter.
Amendment 1293 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
Amendment 1297 #
Proposal for a regulation
Article 24 – paragraph 2 b (new)
Article 24 – paragraph 2 b (new)
2b. National regulatory authorities or bodies established in accordance with Directive 2010/13/EU shall submit data provided according to paragraph 2a to the European Database of State Advertising.
Amendment 1302 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the proper allocation of state advertising in media markets. 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 1304 #
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. The allocation of state resources to media service providers, for the purpose of transmitting emergency messages by public authorities, shall become subject to the requirements set out in this article after 6 months of adoption of those emergency measures.
Amendment 1307 #
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. National regulatory authorities or bodies shall prohibit the provision of Public funds or any other consideration or advantage granted by public authorities to media service providers if the amount exceeded 20% of the total annual budget of the media service provider.
Amendment 1332 #
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)
(ca) a detailed assessment of the allocation of state advertising;
Amendment 1335 #
Proposal for a regulation
Article 25 – paragraph 3 – point c b (new)
Article 25 – paragraph 3 – point c b (new)
(cb) an assessment of the rules and practices in the allocation of public subsidies to media services;
Amendment 1340 #
Proposal for a regulation
Article 25 – paragraph 3 – point c c (new)
Article 25 – paragraph 3 – point c c (new)
(cc) an assessment of the rules and practices in the allocation of public subsidies to media services;
Amendment 1350 #
Proposal for a regulation
Article 26 – paragraph 3 – point d a (new)
Article 26 – paragraph 3 – point d a (new)
(da) a detailed assessment of the allocation of state advertising;
Amendment 1351 #
Proposal for a regulation
Article 26 – paragraph 3 – point d b (new)
Article 26 – paragraph 3 – point d b (new)
(db) an assessment of the rules and practices in the allotment of public subsidies to media services.