BETA

120 Amendments of Anna Júlia DONÁTH related to 2022/0277(COD)

Amendment 152 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 154 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 223 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 227 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 228 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 247 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 254 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 255 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 342 #
Proposal for a regulation
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’ mean 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;
2023/05/09
Committee: LIBE
Amendment 363 #
Proposal for a regulation
Article 3 – paragraph 1
Recipients of media servicesEveryone in the Union shall have the right to receive a plurality of news and current affairs content, produced with respect for editorial freedom of media service providers, to the benefit of the public discourse.
2023/05/09
Committee: LIBE
Amendment 375 #
Proposal for a regulation
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 ;
2023/05/09
Committee: LIBE
Amendment 383 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
(b) order disclosure, detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers and their journalists or, if applicable, any otheir 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) of the Charter and in compliance with other Union lawsubject belonging to their professional and private network of relationships, where such actions might lead to access to journalists’ sources;
2023/05/09
Committee: LIBE
Amendment 393 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
(c) deploy spywareurveillance technologies in any device or machine used by media service providers and their journalists or, if applicable, their family members, or their employees or their family members, unless the deployment is justified, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain theif applicable, any other subject belonging to their professional and private network of relationships, where such action might lead to access to journalists’ sources or information sought.;
2023/05/09
Committee: LIBE
Amendment 400 #
Proposal for a regulation
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, where such action might lead to access to journalists’ sources or information;
2023/05/09
Committee: LIBE
Amendment 411 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 415 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 416 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 447 #
Proposal for a regulation
Article 6 – title
Duties of media service providers providing news and current affairs contentMedia ownership transparency
2023/05/09
Committee: LIBE
Amendment 454 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
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:
2023/05/09
Committee: LIBE
Amendment 455 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) their legal name and contact details and registration numbers ;
2023/05/09
Committee: LIBE
Amendment 462 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 469 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 473 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 474 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 476 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 480 #
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
(cd) any other interests that could influence their strategic decision-making or their editorial line;
2023/05/09
Committee: LIBE
Amendment 490 #
Proposal for a regulation
Article 3 – paragraph 1
RecipientsEveryone of media services in the Union shall have the right to receive a plurality of news and current affairs content, produced with respect for editorial freedom of media service providers, to the benefit of the public discourse.
2023/05/05
Committee: CULT
Amendment 497 #
Proposal for a regulation
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 ;
2023/05/05
Committee: CULT
Amendment 497 #
Proposal for a regulation
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:
2023/05/09
Committee: LIBE
Amendment 501 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 505 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 508 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 508 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 511 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 514 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 515 #
Proposal for a regulation
Article 6 – paragraph 3
3. The obligations under this Article shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.deleted
2023/05/09
Committee: LIBE
Amendment 516 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 517 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 520 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 521 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 522 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 523 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 551 #
Proposal for a regulation
Article 6 – title
Duties of media service providers providing news and current affairs contentMedia ownership transparency
2023/05/05
Committee: CULT
Amendment 554 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
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:
2023/05/05
Committee: CULT
Amendment 559 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) their legal name and contact details and registration numbers;
2023/05/05
Committee: CULT
Amendment 566 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 569 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 573 #
Proposal for a regulation
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
2023/05/09
Committee: LIBE
Amendment 577 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 581 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 582 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 585 #
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
(cd) any other interests that could influence their strategic decision-making or their editorial line;
2023/05/05
Committee: CULT
Amendment 593 #
Proposal for a regulation
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided by the Commissionbe supported by an independent a secretariat. The secretariat shall have a legal personality.
2023/05/09
Committee: LIBE
Amendment 604 #
Proposal for a regulation
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:
2023/05/05
Committee: CULT
Amendment 611 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 617 #
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
2023/05/09
Committee: LIBE
Amendment 624 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 628 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 634 #
Proposal for a regulation
Article 6 – paragraph 3
3. The obligations under this Article shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.deleted
2023/05/05
Committee: CULT
Amendment 635 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
(f) upon request of the Commission, draw up opinions with respect to:
2023/05/09
Committee: LIBE
Amendment 640 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 641 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 642 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 643 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 662 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 666 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 667 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 671 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 683 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 698 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 709 #
Proposal for a regulation
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
2023/05/05
Committee: CULT
Amendment 738 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 739 #
Proposal for a regulation
Article 17 – paragraph 1
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that: (a) it is a media service provider within the meaning of Article 2(2); (b) it is editorially independent from Member States and third countries; and (c) it is subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, or adheres to a co-regulatory or self-regulatory mechanism governing editorial standards, widely recognised and accepted in the relevant media sector in one or more Member States.deleted
2023/05/09
Committee: LIBE
Amendment 751 #
Proposal for a regulation
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [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 effect.deleted
2023/05/09
Committee: LIBE
Amendment 760 #
Proposal for a regulation
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 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 delay.deleted
2023/05/09
Committee: LIBE
Amendment 767 #
Proposal for a regulation
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.deleted
2023/05/09
Committee: LIBE
Amendment 775 #
Proposal for a regulation
Article 17 – paragraph 5
5. Providers of very large online platforms shall make publicly available on an annual basis information on: (a) the number of instances where they imposed any restriction or suspension on the grounds that the content 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 (b) the grounds for imposing such restrictions.deleted
2023/05/09
Committee: LIBE
Amendment 781 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 782 #
Proposal for a regulation
Article 17 – paragraph 6
6. With a view to facilitating the consistent and effective implementation of this Article, the Commission may issue guidelines to establish the form and details of the declaration set out in paragraph 1.deleted
2023/05/09
Committee: LIBE
Amendment 795 #
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
2023/05/05
Committee: CULT
Amendment 806 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
(f) upon request of the Commission, draw up opinions with respect to:
2023/05/05
Committee: CULT
Amendment 818 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 847 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 850 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 852 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 853 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 855 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 892 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 896 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 900 #
Proposal for a regulation
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:
2023/05/09
Committee: LIBE
Amendment 907 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 909 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
2a. Public authorities allocating public funds or any other consideration or advantage granted for the purposes of advertising shall report on these exchanges to the national regulatory authorities or bodies established in accordance with Directive 2010/13/EU on a quarterly basis. Media service providers receiving such funds shall also make it tranparent that they received such funds.
2023/05/09
Committee: LIBE
Amendment 912 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 916 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 918 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 920 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 935 #
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
(ca) a detailed assessment of the allocation of state advertising;
2023/05/09
Committee: LIBE
Amendment 936 #
Proposal for a regulation
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;
2023/05/09
Committee: LIBE
Amendment 938 #
Proposal for a regulation
Article 25 – paragraph 3 – point c c (new)
(cc) a detailed assessment of the decisions taken by media regulatory bodies to see if there is any undermining of independent decision-making.
2023/05/09
Committee: LIBE
Amendment 942 #
Proposal for a regulation
Article 26 – paragraph 3 – point d a (new)
(da) a detailed assessment of the allocation of state advertising;
2023/05/09
Committee: LIBE
Amendment 943 #
Proposal for a regulation
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.
2023/05/09
Committee: LIBE
Amendment 967 #
Proposal for a regulation
Article 17
[...]deleted
2023/05/05
Committee: CULT
Amendment 1107 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 1131 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 1211 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 1266 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 1270 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 1278 #
Proposal for a regulation
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:
2023/05/05
Committee: CULT
Amendment 1290 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 1293 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
2a. Public authorities allocating public funds or any other consideration or advantage granted for the purposes of advertising shall report on these exchanges to the national regulatory authorities or bodies established in accordance with Directive 2010/13/EU on a quarterly basis. Media service providers receiving such funds shall also make it tranparent that they received such funds.
2023/05/05
Committee: CULT
Amendment 1297 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 1302 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 1304 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 1307 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT
Amendment 1332 #
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
(ca) a detailed assessment of the allocation of state advertising;
2023/05/05
Committee: CULT
Amendment 1335 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 1340 #
Proposal for a regulation
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;
2023/05/05
Committee: CULT
Amendment 1350 #
Proposal for a regulation
Article 26 – paragraph 3 – point d a (new)
(da) a detailed assessment of the allocation of state advertising;
2023/05/05
Committee: CULT
Amendment 1351 #
Proposal for a regulation
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.
2023/05/05
Committee: CULT