Activities of Lucia ĎURIŠ NICHOLSONOVÁ related to 2021/0381(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on transparency and targeting of political advertising
Amendments (110)
Amendment 41 #
Proposal for a regulation
Recital 15
Recital 15
(15) TCurrently, there is no existing definition of political advertising or political advertisement at Union level. A cCommon definition iss are needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplification. Thisese definitions should cover the many forms that political advertisingement can take and any means and mode of publicalacement, publication, promotion or dissemination within the Union, regardless of whether the source is located within the Union or in a third country.
Amendment 42 #
Proposal for a regulation
Recital 16
Recital 16
(16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from cover preparation, placement, publication, promotion or dissemination of a message by, for or on behalf of a political actor, in both direct and indirect way, or a message by otheir activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private ors which is liable and designed to influence the outcome of an election or referendum, a legislative or regulatory purely commercial natrocess or voting behavioure.
Amendment 44 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate by default.
Amendment 46 #
Proposal for a regulation
Recital 17
Recital 17
(17) The publication or disseminationWith regards to the advertisement by other actors of a message that is liable and designed to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether theit is necessary to determine this on a case-by- case basis. For this purpose, account should be taken of all relevant factors at the time of preparation, placement, publication, promotion or dissemination of athe message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the, such as the sponsor of the message and the entity or person ultimately controlling the sponsor, content of the message, the language used to convey the message, the context in which the message is conveyed, the objectiviming of the message including electoral or referendum periods, the objective and nature of the message and the means by which the message is publishrepared, placed, published, promoted or disseminated. Messages on public, societal or controversial issues may, as the case may be, be liable and designed to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 50 #
Proposal for a regulation
Recital 18
Recital 18
(18) Practical information from official sources regarding exclusively the organisation and modalities for participation in the elections or referendums should not constitute political advertising.
Amendment 53 #
Proposal for a regulation
Recital 19
Recital 19
(19) Political views expressedand opinions expressed for journalistic purposes in both printed and online media or in the programmes of audiovisual linear or non- linear broadcasts or published in printed mediaand under the editorial responsibility of the service provider if expressed without directany payment or equivalent remuneration from a third party, should not be considered political advertisement and should not be covered by this Regulation.
Amendment 55 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) Objective and independent media and journalists and pluralistic media landscape are a vital part of democratic processes as they provide essential information, scrutiny and space for public debate and contribute to public opinion- forming. However, there is a constant risk of instrumentalisation of the media by malicious actors not only from the outside of the Union, but also from within. In order to combat it, it is essential to strengthen and adapt codes of ethics and journalistic standards established both in Member States' law and by press and media councils in accordance with Union law. Special attention should be paid to the prevention of any form of covert political advertising. At the same time, it is necessary to improve and increase the professional training of journalists with respect to journalistic ethics, both in the form of dedicated courses in education as well as on-the-job training.
Amendment 56 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19 b) Media literacy is central to political culture and active participation by Union citizens. Together with critical thinking they are necessary not only for understanding information, but also for navigating through offered media content and distinguishing quality journalism from biased journalism or disinformation. It is also an essential skill for the public to benefit from the access to information on political advertisements provided by this Regulation. Therefore, it is important to increase media literacy and critical thinking efforts in Member States and at the Union level, including though dedicated media education and publicly available relevant materials adapted to the needs of different groups.
Amendment 57 #
Proposal for a regulation
Recital 26
Recital 26
(26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, placement, promoublication, publicaromotion and dissemination of a political advertisingement.
Amendment 58 #
Proposal for a regulation
Recital 27
Recital 27
(27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for by another by any means.
Amendment 65 #
Proposal for a regulation
Recital 38
Recital 38
(38) TransparencyLabelling of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and bestor a public issue advertisement, depending on which of the two sub-definitions of political advertisement referred to in Article 2, paractice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in thegraph 1 point 3 applies. The term “public issue advertisement” should be used exclusively for the purpose of labelling in line with this Regulation. In all other cases the term “political advertisement” is used.
Amendment 66 #
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) For the purpose of labelling, every political advertisement should also contain the identity of the sponsor and, where applicable, the entity of person ultimately controlling the sponsor, and a clear indication of where a transparency notice with more detailed information can be found. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, clear and prominent, taking into account developments in relevant scientific research, innovations and best practice on the provision of transparency through the labelling of advertisements. Once the Commission, after the consultation of relevant stakeholders, establishes a harmonised design of the labels, political advertising publishers should adopt it as the standard design for the labelling of political advertisements. The label should always remain in place, for example even in the case of further dissemination, including in private messaging between individuals.
Amendment 67 #
Proposal for a regulation
Recital 39
Recital 39
(39) This information should be provided in a transparency notice whiche transparency notice should contain information to enable the wider context of the political advertisement and its aims to be understood. This information should also include the identity of the sponsor, and, where applicable, the entity or person ultimately controlling the sponsor and contact details in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. The same should apply to the entity or person ultimately controlling the sponsor. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits receivedplacement, publication, promotion and dissemination period, the aggregated amount or the value of other benefits received by the publisher and by the service providers before the publisher in part or full exchange for the specific advertisement as well for the entire advertising campaign where relevant, as well as the aggregated amount or the value of other benefits received by all political advertising service providers through all contracts and all means in part or full exchange for the specificrelevant advertisements as well for the entire advertising campaign, the source of the funds usednd for the entire advertising campaign where relevant in order to account for the value of all contracts for political advertising concluded by the sponsor and all means used to deliver the political advertisement to the public thus allowing for better scrutiny of political actors´ spending on political advertising; the source of the funds used, any linked elections of referendums, links to online repositories of political advertisements and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flagnotify possibly unlawful political advertisements, both online and offline, in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act].
Amendment 68 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) Before bringing the advertisement to the public domain, both sponsors and political advertising publishers should jointly ensure that the information in the label and in the transparency notice is complete and accurate. Withe regards to the information on the aggregated amount or the value of other benefits received by all political advertising service providers through all contracts in part or full exchange for the relevant advertisements and for the entire advertising campaigns where relevant as well as the information on the sources of these funds, the responsibility for the accuracy and completeness of the information should lie with the sponsor since they, as the payers in most cases, are best placed to have such information or be able to collect and verify it. The publisher should, however, also be responsible for the completeness of these pieces of information.
Amendment 69 #
Proposal for a regulation
Recital 39 b (new)
Recital 39 b (new)
(39 b) If, after the publication of the political advertisement, the publisher becomes aware that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, the publisher should contact the sponsor or the relevant service providers to complete or correct that information. Until such information is corrected, the political advertising publisher should not make the political advertisement available or should discontinue it and inform the relevant service providers and the sponsor accordingly. If, after the publication of the politial advertisement, the sponsor or the providers of political advertising services other than publisher become aware that the information provided to or published by the publisher is incomplete or inaccurate, they should contact the publisher concerned without undue delay and provide complete or accurate information to the political advertising publisher.
Amendment 72 #
Proposal for a regulation
Recital 40
Recital 40
(40) The information to be inclutransparency notice containing at least the above mentioned information should be provided inby the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisementpublisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement. Interacting with the link or other equivalent direction to access the transparency notice should not be understood as engaging with the political advertisement of which it is part of. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities.
Amendment 73 #
Proposal for a regulation
Recital 41
Recital 41
(41) Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published whentogether with the publication of the political advertisements start and be retained for a period of onuntil its withdrawal. Political advertising publishers should retain the advertisement together with the transparency notice and the history of any modifications for five years after the last publicatioadvertisement is withdrawn from the public domain. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher.
Amendment 74 #
Proposal for a regulation
Recital 42
Recital 42
(42) Since political advertising publishers make political advertisements available to the public, they should publishlace, publish, promote or disseminate that information in the transparency notice to the public together with the publicalacement, publication, promotion or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms and very large online search engines within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act] . This will facilitate. Political advertising publishers which are not very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/XXX [Digital Services Act] or very large online search engines within the meaning of Article 33a of Regulation (EU) 2021/XXX [Digital Services Act] should create a repository for political advertisements and make available for each political advertisement in such repository the information contained in the transparency notice. It is necessary that both the publishers that are very large online platforms and publishers that are not ensure real-time access to such information for Member States´ relevant competent authorities and researchers. This will facilitate their scrutiny as well as the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape.
Amendment 78 #
Proposal for a regulation
Recital 63
Recital 63
(63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties or rectifications applicable to providers of political advertising services as well as sponsors, where relevant. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Articles 5 and 7 for the effective pursuit of the objectives of the present Regulation should be taken into account and infringements of these Articles should be regarded as particularly serious. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible.
Amendment 89 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promoublication, publicaromotion or dissemination, by any means, of a message: as referred to in point 3(a) or 3(b).
Amendment 90 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Amendment 92 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Amendment 99 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘political advertisement’ means: an instance) a message by, for or on behalf of a political advertising;ctor, or b) a message which is liable and designed to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 100 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
3 a. "voting behaviour" means participation or non-participation in the voting process or vote for or against certain political actor or public issue;
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
5 a. 'provider of political advertising services' means a natural or legal person engaged in the provision of political advertising services;
Amendment 103 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published, promoted or disseminated;
Amendment 105 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or othtype of provider of political advertising services that brings political adverwtise bringsment to the public domain political advertising throughin any mediumanner;
Amendment 106 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 a (new)
Article 2 – paragraph 1 – subparagraph 1 a (new)
Political views and opinions expressed for journalistic purposes in both printed and online media or in the programmes of audio-visual linear or non-linear media broadcasts and under the editorial responsibility of the service provider if expressed without any payment or equivalent remuneration from a third party should not be considered political advertisement and should not be covered by this Regulation.
Amendment 107 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Identification of a political advertisement For the purpose of determining whether a message constitutes political advertisement within the meaning of Article 2 paragraph 1 point 3, account shall be taken of all its features and at least of the following relevant factors: a) the sponsor of the message and the entity or person ultimately controlling the sponsor; b) content of the message, c) the language used to convey the message; d) the context in which the message is conveyed and timing of the message including electoral or referendum periods; e) the objective and nature of the message; f) the means by which the message is prepared, placed, published, promoted or disseminated; g) targeted audience.
Amendment 111 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Amendment 113 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In the context of the provision of political advertising services, each political advertisement shall be made available withPolitical advertising publishers shall make sure that each political advertisement brought to the public domain contains the following information in a clear, salient and unambiguous way:
Amendment 114 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a statement to the effect that it is a political advertisement;clear label stating that it is:
Amendment 115 #
Proposal for a regulation
Article 7 – paragraph 1 – point a – point i (new)
Article 7 – paragraph 1 – point a – point i (new)
i) a political advertisement, if Article 2, paragraph 1 point 3(a) of this Regulation applies;
Amendment 116 #
Proposal for a regulation
Article 7 – paragraph 1 – point a – point ii (new)
Article 7 – paragraph 1 – point a – point ii (new)
ii) a public issue advertisement, if Article 2, paragraph 1 point 3(b) of this Regulation applies;
Amendment 118 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the identity of the sponsor of the political advertisement and, where applicable, the entity or person ultimately controlling the sponsor;
Amendment 120 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) a transparency notice to enable the wider contextclear indication of twhe political advertisement and its aims to be understood, or a clear indication of where itre a transparency notice can be easily retrieved.
Amendment 122 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In this regard, political advertising publisherthe Commission shall adopt, within 3 months after the entry into force of this Regulation and in consultation with relevant experts and civil society organisations, a delegated act establishing harmonised design of labels referred to in paragraph 1 point (a). The labels shall use efficient and prominent marking and labelling techniques that allow the political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event a political advertisement is further disseminated. The delegated act shall take account of the latest technological developments.
Amendment 123 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Article 7a) Transparency notices and online repositories of political advertisements
Amendment 125 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The transparency notice shall be included in each political advertisement or be easily retrievable from it,referred to in Article 7 paragraph 1 point (c) shall be easily retrievable from each political advertisement and shall include the following information:
Amendment 126 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the identity of the sponsor of the political advertisement and the entity or person ultimately controlling the sponsor and contact details;
Amendment 129 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the period during which the political advertisement is intended to be publishlaced, published, promoted and disseminated;
Amendment 130 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received by the political advertising publisher in part or full exchange for the preparation, placement, promoublication, publicaromotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sourcess well as the aggregated amount or other benefits received by service providers before the publisher for the same advertisement, and campaign, where relevant;
Amendment 132 #
Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(c a) information on the aggregated amounts or other benefits received by all political advertising service providers, including publishers, through all contracts, in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant;
Amendment 133 #
Proposal for a regulation
Article 7 – paragraph 2 – point c b (new)
Article 7 – paragraph 2 – point c b (new)
(c b) the sources of the funds used in relation to points (c) and (ca);
Amendment 134 #
Proposal for a regulation
Article 7 – paragraph 2 – point c c (new)
Article 7 – paragraph 2 – point c c (new)
(c c) the list of criteria used for targeting of the advertisement;
Amendment 136 #
Proposal for a regulation
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) where applicable, links to online repositories of political advertisements;
Amendment 137 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. PSponsors and political advertising publishers shall make reasonable efforts before bringing the advertisement to the public domain to ensure that the information referred to in paragraph 1 and 2, with the exception of points (ca) and (cb), is complete, and where they find this is not the case, they shall not make available the political advertisementaccurate. With regard to points (ca) and (cb), the publisher shall be responsible to make sure that this information is complete, while the sponsor shall be responsible to make sure this information is both complete and accurate.
Amendment 142 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Where the publisher becomes aware that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, the publisher shall make reasonable efforts including by contacting the sponsor or the relevant service providers, to complete or correct that information. Until such information is corrected, the political advertising publisher shall not make the political advertisement available or shall discontinue it, and shall inform the relevant service providers and the sponsor accordingly.
Amendment 143 #
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3 b. Where the sponsor or the providers of political advertising services other than publisher become aware that the information provided to or published by the political advertising publisher is incomplete or inaccurate, they shall contact the publisher concerned without undue delay and, as relevant, transmit complete or accurate information to the political advertising publisher.
Amendment 144 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publicationhe information shall be published by the political advertising publisher with the political advertisement from its first publication until its withdrawal. Transparency notices shall be kept up to date during the whole period until the withdrawal of the advertisement and presented in a format which is clearly visible, well-structured, easily accessible, including for persons with disabilities, and user friendly, including through the use of plain language. Transparency notices shall be made available online, in a machine readable format and be accessible through a link or equivalent clear and user-friendly direction included in the advertisement. Interacting with the link or other equivalent direction to access the transparency notice shall not be understood as engaging with the political advertisement which it is part of.
Amendment 147 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Political advertising publishers shall retain their political advertisement and its transparency notices together with the history of any modifications for a period of five years after the end of the period referred to in paragraph 4withdrawal of the advertisement.
Amendment 148 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] or very large online search engines within the meaning of Article 33a of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2 and ensure real-time access to such information for Member States’ relevant competent authorities as well as vetted researchers within the meaning of Article 31 of Regulation (EU) 2021/xxx [the DSA]. The repository shall contain all versions of the advertisement.
Amendment 149 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. Political advertising publishers which are not very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] or very large online search engines within the meaning of Article 33a of Regulation (EU) 2021/xxx [the DSA] shall, for the purpose of this Regulation, create a repository for political advertisements in line with Article 30 of that Regulation and make available for each political advertisement in such a repository the information referred to in paragraph 2 and ensure real-time access to such information for Member States’ relevant competent authorities as well as vetted researchers within the meaning of Article 31 of Regulation (EU) 2021/xxx [the DSA]. The repository shall contain all versions of the advertisement.
Amendment 152 #
Proposal for a regulation
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6 b. The Commission shall, after the consultation of relevant stakeholders, issue guidelines on the structure, organisation and functionalities of the repositories referred to in paragraph 6 and 6(a).
Amendment 159 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. Every political advertisement that has been subject to targeting as outlined in Article 12 shall be labelled in line with Article 7 and shall fulfil all the requirements laid down in Chapter II.
Amendment 163 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties and rectifications applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive. Member States shall also lay down rules on sanctions including administrative fines, financial penalties and rectifications applicable to sponsors for infringements in relation to Articles 5 and 7 of the present Regulation.
Amendment 164 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Infringements of Articles 5 and 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period or during the period between the announcement of a referendum and the day of the referendum, and directed to citizens in the Member State in which the relevant election or referendum is being organised.
Amendment 165 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. If a service provider intentionally or negligently infringes the provisions of this regulation, in multiple respects for the same or linked political advertising, the total amount of the administrative fine shall be sufficiently adjustable in order to take into account all the relevant factors; the fact that the Regulation has been violated in multiple respects shall be reflected in the amount of the total fine, in compliance with the principle of proportionality.
Amendment 166 #
Proposal for a regulation
Annex I – point a
Annex I – point a
(a) where the notice is not within the advertisement itself, an example/representation of the political advertisement or a link to it.
Amendment 167 #
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is prepared, placed, published, promoted and disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity.
Amendment 168 #
Proposal for a regulation
Annex I – point d
Annex I – point d
(d) any election or referendum with which the advertising is linked, if applicable.
Amendment 169 #
Proposal for a regulation
Annex I – point e
Annex I – point e
(e) the provisional aggregated amount spent on, and the value of other benefits received in part or full exchange foror other benefits received by the political advertising publisher in part or full exchange for the preparation placement, publication, promotion and dissemination of the specific advertisement, and onf the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication and dissemination of the politicalas well as the aggregated amounts or other benefits received by service providers before the publisher for the same advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known.nd campaign where relevant;
Amendment 170 #
Proposal for a regulation
Annex I – point e a (new)
Annex I – point e a (new)
(e a) the aggregated amounts or other benefits received by all political advertising service providers, including publishers, through all contracts in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant;
Amendment 171 #
Proposal for a regulation
Annex I – point e b (new)
Annex I – point e b (new)
(e b) the sources of the funds used in relation to points (e) and (ea);
Amendment 172 #
Proposal for a regulation
Annex I – point e c (new)
Annex I – point e c (new)
(e c) the list of criteria used for targeting of the advertisement;
Amendment 173 #
Proposal for a regulation
Annex I – point f
Annex I – point f
Amendment 174 #
Proposal for a regulation
Annex I – point g
Annex I – point g
(g) meaningful information about the methodology used for the calculation of the amounts and values referred in (e) and (ea).
Amendment 175 #
Proposal for a regulation
Annex I – point h
Annex I – point h
(h) where the publisher is a very large online platform, a link to the advertisement’s location in the publisher’s advertising repository of political advertisements.
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promoublication, publicaromotion or dissemination, by any means, of a message: as referred to in paragraph 3 point (a) or (b).
Amendment 202 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘political advertisement’ means: an instance) a message by, for or on behalf of a political advertising;ctor, or b) a message which is liable and designed to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 204 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
3 a. "voting behaviour" means participation or non-participation in the voting process or vote for or against certain political actor or public issue;
Amendment 205 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h a (new)
Article 2 – paragraph 1 – point 4 – point h a (new)
(h a) any natural or legal person which is in a financial relationship or relationship of control with any of the persons or organisations in points (a) to (h);
Amendment 206 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘political advertising service’ means a service consisting of political advertising that is provided without consideration for the placement, publication, promotion or dissemination for the specific message with the exception of an online intermediary service within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or dissemination for the specific message;
Amendment 207 #
5 a. 'provider of political advertising services' means a natural or legal person engaged in the provision of political advertising services;
Amendment 211 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published, promoted or disseminated;
Amendment 222 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or othtype of provider of political advertising services that brings political adverwtise bringsment to the public domain political advertising throughin any mediumanner;
Amendment 228 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 229 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. If the sponsor or the provider of advertising services acting on behalf of sponsor declares that the service they request does not constitute a political advertising service, and the service providers, including publishers, considers it does constitute a political advertising service within the meaning of Article 2(5), they shall inform the sponsors or providers of advertising services acting on behalf of a sponsor about their conclusions and the underlying reasons. If the sponsor, after obtaining the conclusion from the service provider, does not make the declaration and the difference of opinion persists, the matter should be referred to a dispute settlement mechanism within Member States’ relevant competent authorities.
Amendment 240 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Amendment 243 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In the context of the provision of political advertising services, each political advertisement shall be made available withPolitical advertising publishers shall make sure that each political advertisement brought to the public domain contains the following information in a clear, salient and unambiguous way:
Amendment 245 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a statement to the effect that it is a political advertisement;clear label stating that it is:
Amendment 246 #
Proposal for a regulation
Article 7 – paragraph 1 – point a – point i (new)
Article 7 – paragraph 1 – point a – point i (new)
i) a political advertisement, if Article 2(3) point (a) of this Regulation applies; or
Amendment 247 #
Proposal for a regulation
Article 7 – paragraph 1 – point a – point ii (new)
Article 7 – paragraph 1 – point a – point ii (new)
ii) a public issue advertisement, if Article 2(3) point (b) of this Regulation applies;
Amendment 249 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the identity of the sponsor of the political advertisement and, where applicable, the entity or person ultimately controlling the sponsor;
Amendment 253 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) a transparency notice to enable the wider contextclear indication of twhe political advertisement and its aims to be understood, or a clear indication of where itre a transparency notice can be easily retrieved.
Amendment 257 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In this regard, political advertising publisherthe Commission shall adopt, within 3 months after the entry into force of this regulation and in consultation with relevant experts and civil society organisations, a delegated act establishing harmonised design of labels referred to in paragraph 1(a). The labels shall use efficient and prominent marking and labelling techniques that allow the political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event a politicalthe advertisement is further disseminated. The delegated act shall take account of latest technological developments.
Amendment 261 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Article 7a) Transparency notices and online repositories of political advertisements
Amendment 262 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The transparency notice shall be included in each political advertisement orreferred to in Article 7(1) point (c) shall be easily retrievable from ieach political advertisement, and shall include the following information:
Amendment 268 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the period during which the political advertisement is intended to be publishlaced, published, promoted and disseminated;
Amendment 271 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received by the political advertising publisher in part or full exchange for the preparation, placement, promoublication, publicaromotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources as well as the aggregated amounts or other benefits received by service providers before the publisher for the same advertisement, and campaign where relevant;
Amendment 274 #
Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(c a) information on the aggregated amounts or other benefits received by all political advertising service providers, including publishers, in the whole value chain in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant;
Amendment 275 #
Proposal for a regulation
Article 7 – paragraph 2 – point c b (new)
Article 7 – paragraph 2 – point c b (new)
(c b) the sources of the funds used in relation to points (c) and (ca);
Amendment 278 #
Proposal for a regulation
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) where applicable, links to online repositories of political advertisements;
Amendment 280 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. PSponsors and political advertising publishers shall make reasonable efforts before bringing the advertisement to the public domain to ensure that the information referred to in paragraph 1 and 2, with the exception of point (ca) and (cb), is complete, and where they find this is not the case, they shall not make available the political advertisementaccurate. With regard to points (ca) and (cb), the publisher shall be responsible to make sure that this information is complete, while the sponsor shall be responsible to make sure that this information is both complete and accurate.
Amendment 283 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publicationhe information shall be published by the political advertising publisher with the political advertisement from its first publication until its withdrawal. Transparency notices shall be kept up to date during the whole period until the withdrawal of the advertisement and presented in a format which is clearly visible, well-structured, easily accessible, including for persons with disabilities, and user friendly, including through the use of plain language. Transparency notices shall be made available online, in a machine readable format and be accessible through a link or equivalent clear and user-friendly direction included in the advertisement. Interacting with the link or other equivalent direction to access the transparency notice shall not be understood as engaging with the political advertisement which it is part of.
Amendment 287 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Political advertising publishers shall retain their political advertisement and its transparency notices together with the history of any modifications for a period of five years after the end of the period referred to in paragraph 4withdrawal of the advertisement.
Amendment 291 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30(1) of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2 and ensure real-time access to such information for Member States’ relevant competent authorities. The repository shall contain all versions of the advertisement.
Amendment 293 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. Political advertising publishers which are not very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall, for the purpose of this Regulation, create a repository for political advertisements in line with Article 30(1) of that Regulation and make available for each political advertisement in such a repository the information referred to in paragraph 2 and ensure real-time access to such information for Member States’ relevant competent authorities. The repository shall contain all versions of the advertisement.
Amendment 332 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. Every political advertisement that has been subject to targeting as outlined in Article 12 shall be labelled in line with Article 7 and shall fulfil all the requirements laid down in Chapter II.
Amendment 390 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In relation to Articles 54 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and, financial penalties and rectifications applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive. Member States shall also lay down rules on sanctions including administrative fines, financial penalties and rectifications applicable to sponsors for infringements in relation to Articles 5 and 7 of the present Regulation.
Amendment 394 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Infringements of Articles 4, 5 and 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period or during the period between the announcement of a referendum and the day of the referendum, and directed to citizens in the Member State in which the relevant election or referendum is being organised.
Amendment 395 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. If a service provider intentionally or negligently infringes the provisions of this regulation, in multiple respects for the same or linked political advertising, the total amount of the administrative fine shall be sufficiently adjustable in order to take into account all the relevant factors; the fact that the Regulation has been violated in multiple respects shall be reflected in the amount of the total fine, in compliance with the principle of proportionality.
Amendment 402 #
(a) where the notice is not within the advertisement itself, an example/representation of the political advertisement or a link to it.
Amendment 403 #
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is prepared, placed, published, promoted and disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity.
Amendment 408 #
Proposal for a regulation
Annex I – point e
Annex I – point e
(e) the provisional aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including ons or other benefits received by the political advertising publisher in part or full exchange for the preparation, placement, promoublication, publicaromotion and dissemination of the political advertisemerelevant advertisement, and of the political advertising campaign where relevants, as well as the aggregated actual amount spent and the valuemounts ofr other benefits received once known.by service providers before the publisher for the same advertisement, and campaign where relevant;
Amendment 409 #
Proposal for a regulation
Annex I – point e a (new)
Annex I – point e a (new)
(e a) the aggregated amounts or other benefits received by all political advertising service providers, including publishers, in the whole value chain in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant
Amendment 410 #
Proposal for a regulation
Annex I – point e b (new)
Annex I – point e b (new)
(e b) the sources of the funds used in relation to points (e) and (ea);
Amendment 411 #
Proposal for a regulation
Annex I – point f
Annex I – point f
Amendment 413 #
Proposal for a regulation
Annex I – point g
Annex I – point g
(g) meaningful information about the methodology used for the calculation of the amounts and values referred in (epoints (e) and (ea).
Amendment 414 #
Proposal for a regulation
Annex I – point h
Annex I – point h
(h) where the publisher is a very large online platform, a link to the advertisement’s location in the publisher’s advertising repositoryrepository of political advertisements.