53 Amendments of Nathalie COLIN-OESTERLÉ related to 2022/0277(COD)
Amendment 147 #
Proposal for a regulation
Recital 8
Recital 8
(8) In the digitalised media market, providers of video-sharing platforms or very large online platformhosting services 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 149 #
Proposal for a regulation
Recital 9
Recital 9
(9) The definition of audience measurement should cover measurement systems developed as agreed by industry standards within self-regulatory organisations, like the Joint Industry Committees, and measurement systems developed outside such self-regulatory approaches. The latter tend to be deployed by certain online players who self-measure or provide their proprietary audience measurement systems to the market, which do not necessarily abide by the commonly agreed industry standards. Given the significant impact that such audience measurement systems have on the advertising and media markets, they should be covered by this RegulationSystems developed that do not comply with the industry standards adopted within the self-regulatory organisations should be considered as proprietary audience measurement systems. Given the significant impact that such audience measurement systems have on the advertising and media markets, they should be covered by this Regulation. Media service providers that comply with the commonly accepted industry standards shall not to be considered providers of proprietary audience measurement systems.
Amendment 159 #
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, 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. 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.Does not affect the English version.)
Amendment 160 #
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 prejudice to Directive 2010/13/EU and its transposition in 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 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 journalists’ capability to collect, fact-check and analyse information, including information imparted confidentially. 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.Does not affect the English version.)
Amendment 185 #
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 a variety of quality information and impartial and balanced 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, tohat Member States 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.
Amendment 192 #
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 activityprotect the editorial freedom of the media in the course of their professional activity, in particular by appointing publishing directors with legal responsibility for the publication of content. The objective is 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 andto ensure the quality of suchtheir 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 194 #
Proposal for a regulation
Recital 21
Recital 21
(21) To mitigate regulatory burdens, micro enterprises within the meaning of ArtMedia servicle 3 of Directive 2013/34/EU of the European Parliament and of the Council50should be exempted from the requirements related to information and internal safeguards with a view to guaranteeing the independence of individual editorial decisions.Moreover,media service providers should be free to tailor the internal safeguards to their needs, in particular if they are small and medium- sized enterprises within the meaning of that Articlproviders should be free to tailor the internal safeguards to their needs or specific editorial line, in particular if they are small and medium- sized enterprises within the meaning of Article 3 of Directive 2013/34/EU of the European Parliament and of the Council referred to above. The Recommendation that accompanies this Regulation51provides a catalogue of voluntary internal safeguards that can be adopted within media companies in this regard. The present Regulation should not be construed to the effect of depriving the owners of private media service providers of their prerogative to set strategic or general goals and to foster the growth and financial viability of their undertakings. In this respect, this Regulation recognises that the goal of fostering editorial independence needs to be reconciled with the legitimate rights and interests of privatemedia owners. _________________ 50 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19-76). and with the exercise of responsibility of the publishing director. _________________ 51 OJ C , […], […], p. […].
Amendment 245 #
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an importantessential role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effect without prejudin accordance with Article to their obligations under4(1) of Regulation (EU) 2019/1150 and Article 17(3) ofRegulation (EU) 2022/XXX [the2065 [Digital Services Act] and grant the media service concerned a right to respond to this statement of reasons prior to the suspension or restriction taking effect. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]. _________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 253 #
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time. On the basis of transparent, objective and proportionate criteria, providers of very large platforms shall retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine-readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality to address any potential abuse of the functionality by very large online platforms.
Amendment 268 #
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operationaffect or even restrict transborder operations of news and current affairs programmes of media service providers 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 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, transparency, non- discrimination and proportionality.
Amendment 288 #
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production of content. Accordingly, media market players, in particular media service providers, rights holders and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players, such as very large online platforms and very large search engines, that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This does not allow for the comparison of audiences between actors and could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
Amendment 294 #
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 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. In addition, media service providers and rights holders should be provided with free audience data for their content and services. 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 295 #
Proposal for a regulation
Recital 47
Recital 47
(47) Codes of conduct, shall be drawn up either by the providers of audience measurement systems or by organisations or associations representing them, canwith the help and advice of media service providers and their representative organisations, rights holders and any other interested parties. These codes of conduct shall contribute to the effective application of this Regulation and should, therefore,all 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, with the support of national authorities or regulators, 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, equivalence, 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 307 #
Proposal for a regulation
Article premier – paragraph 2 – point a a (new)
Article premier – paragraph 2 – point a a (new)
(aa) Directive 2001/29/EC;
Amendment 308 #
Proposal for a regulation
Article premier – paragraph 2 – point a b (new)
Article premier – paragraph 2 – point a b (new)
(ab) Directive 2010/13/EU;
Amendment 309 #
Proposal for a regulation
Article premier – paragraph 2 – point a c (new)
Article premier – paragraph 2 – point a c (new)
Amendment 310 #
Proposal for a regulation
Article premier – paragraph 2 – point a d (new)
Article premier – paragraph 2 – point a d (new)
(ad) Directive 2019/789/EU;
Amendment 319 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
6a. ‘publishing director’ means the legal representative of the media service provider who assumes responsibility, including legal responsibility, for the provision of a media service;
Amendment 320 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘editor’ means a natural person or a number of natural persons possibly grouped in a body, regardless of its legal form, status and composition, that takes or supervises editorial decisions within a media service provider;Does not affect the English version.)
Amendment 325 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or the content of press publications and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
Amendment 337 #
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 or content for the purposes of decisions regarding advertising allocation or prices or the related planning, production or distribution of content;
Amendment 419 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. PMember States shall ensure, in their national legal frameworks, that public service media providers shall provide, in an independent and impartial manner, a plurality of information and opinions to their audiences, in accordance with their public service mission.
Amendment 436 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of both their public service mission. Those resources shall be such that editorial independence is safeguardedremit and the objectives of this Regulation. Those resources and the way in which they are allocated shall be such that editorial independence is safeguarded and they shall, as far as possible, be laid down in a multi-year budget.
Amendment 459 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) of their direct or indirect owner(s) with shareholdings enabling them to exercise influencewhere the media service provider is a legal person, its name or registered trade name, its registered address, its legal form and the name of its legal representative and onf the operation and strategic decision makingphysical or legal persons holding at least 10% of its capital;
Amendment 483 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Manufacturers of devices or providers of user interfaces controlling or managing access to and use of audiovisual media services shall ensure that the identity of the media service provider bearing the editorial responsibility for the content or services is clearly visible alongside the content and services offered.
Amendment 501 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee thaprotect editors arein their freedom to take individual editorial decisions in the exercise of their professional activity, in particular in the exercise of the responsibility conferred upon the publishing director; and
Amendment 513 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 601 #
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 as regards audiovisual media services and the consistent implementation of Directive 2010/13/EU across all Member States, without prejudice to the tasks of national regulatory authorities or bodies;
Amendment 603 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) promote cooperation and the effective exchange of information, experience and best practices between the national regulatory authorities or bodies on the application of the Union and national rules applicable to audiovisual media services, including this Regulation and Directive 2010/13/EU, in particular as regards Articles 3, 4 and 7 of that Directive;
Amendment 605 #
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 as regards audiovisual media services and implementation of Directive 2010/13/EU as well as on all on other matters related to audiovisual 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 627 #
Proposal for a regulation
Article 12 – paragraph 1 – point e – point iii
Article 12 – paragraph 1 – point e – point iii
(iii) national measures concerning audiovisual media service providers established outside of the Union, in accordance with Article 16(2) of this Regulation;
Amendment 637 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i
Article 12 – paragraph 1 – point f – point i
(i) national measures which are likely to affect the functioning of the internal market for media services, in accordance with Article 20(4) of this Regulation;
Amendment 640 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) media market concentrations with a significant impact on media pluralism which are likely to affect the functioning of the internal market for media services, in accordance with Article 22(1) of this Regulation;
Amendment 643 #
Proposal for a regulation
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) draw up opinions on draft national opinions or decisions assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such a concentration may affect the functioning of the internal market, in accordance with Article 21(5) of this Regulation;
Amendment 650 #
Proposal for a regulation
Article 12 – paragraph 1 – point h – point ii
Article 12 – paragraph 1 – point h – point ii
(ii) factors to be taken into account when applying the criteria for assessing the impact of media market concentrations, in accordance with Article 21(3) of this Regulation;
Amendment 652 #
Proposal for a regulation
Article 12 – paragraph 1 – point k
Article 12 – paragraph 1 – point k
(k) coordinate national measures related to the dissemination of or access to content of audiovisual media service providers established outside of the Union that target audiences in the Union, where their activities prejudice or present a serious and grave risk of prejudice to public security and defence, in accordance with Article 16(1) of this Regulation;
Amendment 708 #
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 Articles 7a and 13(1) of Directive 2010/13/EU;
Amendment 709 #
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 their parent and sister companies and subsidiaries.
Amendment 753 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to restrict or suspend the provision of its online intermediation services in relation to content or services provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content isor services are 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 Union law, includingnotify the media service provider concerned, as required by Article 4(1) of Regulation (EU) 2019/1150 and Article 17(3) of Regulation (EU) 2022/XXX2065 [Digital Services Act], 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, prior to the suspension taking effectprior to the suspension taking effect. It shall communicate to the media service provider the detailed grounds for the suspension or restriction, and shall give it the opportunity to send a reasoned reply within a reasonable time frame before the suspension or restriction takes effect. If the provider of a very large online platform subsequently decides to suspend or restrict the content or services, it shall indicate in writing, when the decision takes effect, the detailed grounds for rejecting the media service provider's objections.
Amendment 761 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 and/or Article 20 of Regulation (EU) 2022/2065 [Digital Services Act] by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and without undue delayno later than 24 hours after submission of the complaint. If the provider of a very large online platform does not adhere to that time limit, it shall reinstate the restricted or suspended content or services as soon as possible.
Amendment 769 #
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 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. If no amicable solution is found, the media service provider may lodge a complaint with an out-of-court dispute settlement body, in accordance with Article 21 of Regulation (EU) 2022/2065, without prejudice, and in addition, to its right to effective judicial protection.
Amendment 776 #
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the numblist broken down by media service provider 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 781 #
Proposal for a regulation
Article 17 – paragraph 5 – point b
Article 17 – paragraph 5 – point b
(b) the detailed grounds for imposing such restrictions or suspensions.
Amendment 806 #
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 audiovisual media service providers providing news and current affairs content in the internal market shall be non- discriminatory, duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory.
Amendment 815 #
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 aregarding any national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media servicesreferred to in paragraph 1. 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 822 #
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 providing news and current affairs content 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.
Amendment 867 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, equivalence, non- discrimination and verifiability.
Amendment 869 #
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, holders of rights and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date data and information on the methodology used by their audience measurement systems. Holders of rights shall have access to the data collected regarding consumption of their programmes. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 876 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by pProviders of audience measurement systems, together with media service providers, their representative organisations and any other interested parties, that arshall draw up codes of conduct with the support of the national authorities or national regulatory bodies. They shall be intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
Amendment 877 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission, assisted by the Board, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article, taking into account the national codes of conduct.
Amendment 882 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems, media service providers and other interested parties.
Amendment 897 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Public funds or any other consideration or advantage granted by public authorities shall be granted preferentially to media service providers publishing content relating to international, European, national or local political developments.