Activities of Andrey SLABAKOV 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 (19)
Amendment 30 #
Proposal for a regulation
Recital 4
Recital 4
(4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices.
Amendment 31 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, the use of such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way.without adhering to a high standard of transparency may present a threat to the electoral process;
Amendment 34 #
Proposal for a regulation
Recital 8
Recital 8
(8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers. and creates uncertainty regarding the protection of the fundamental right to freedom of speech, particularly with regards to political discourse and ideas;
Amendment 39 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation shouldmust not affect the substantive content of political advertising nor rules regulating the display of political advertising including so-called silence periods preceding elections or referendums.; furthermore, it must not affect, or be used to affect in any way the fundamental right to freedom of opinion and freedom of speech;
Amendment 45 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 52 #
Proposal for a regulation
Recital 19
Recital 19
(19) Political views expressedor other editorial content expressed under the editorial responsibility of a service provider in the programmes of audio-visual media, including linear and non-linear broadcasts or published in printed media without direct payment or equivalor online magazines, newspapers or other media, unless the service provider has beent remunerationed by a third party for the political advertisement should not be covered by this Regulation.
Amendment 60 #
Proposal for a regulation
Recital 31
Recital 31
(31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. ThaWhile it is inter alia the case where the political ideas are communicated through advertising service providers, special care should be taken in the implementation of this Regulation with regards to the protection of the fundamental right to freedom of expression, including of political opinions.
Amendment 61 #
Proposal for a regulation
Recital 34
Recital 34
(34) In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services.
Amendment 63 #
Proposal for a regulation
Recital 35
Recital 35
(35) WIn cases where an artificial commercial or contractual construction risks circumventing the effectiveness of the transparency obligations laid down in the Regulation, those obligations should apply to the entity or entities that in substance provide the advertising serviceMember State authorities should judge whether those obligations should apply to the aforementioned entity or entities.
Amendment 64 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 71 #
Proposal for a regulation
Recital 40
Recital 40
(40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The prequirement thatsentation of the information can vary depending on the means used, taking into account the character of offline advertising. In order to easily retrieve the information aboutin the transparency notice is to be inter alia clearly visible should entail that it, use could be made for instance of a dedicated webpage link, onscreen or via audio means, a Quick Response code (QR code) or equivalent user-friendly technical measures. The advertising publisher should ensure that the information about the transparency notice is to be inter alia clearly visible and should 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 76 #
Proposal for a regulation
Recital 45
Recital 45
(45) Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article 14 of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation.
Amendment 79 #
Proposal for a regulation
Recital 66
Recital 66
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) to contribute to the proper functioning of the internal market for political advertising and related services; while fully protecting the fundamental right to free expression;
Amendment 88 #
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, promotion, publication or dissemination, by any means, against direct payment or equivalent remuneration of a message:
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b – indent 1 (new)
Article 2 – paragraph 1 – point 2 – point b – indent 1 (new)
- It shall not include political views or other editorial content expressed under the editorial responsibility of a service provider in the programmes of audio- visual media, including linear or non- linear broadcasts, or published in printed or online media, unless the service provider has been remunerated by a third party for the political advertisement.
Amendment 139 #
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. The specificities of the medium of publication should be taken into account in particular to adapt the modalities to audio-visual media services, radio and press for the application of paragraph 1 and 2.
Amendment 156 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including from the transparency notice.
Amendment 157 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Repetitive notifications under paragraph 1 that are done with malicious or disruptive intent shall be reported to the competent national authorities and investigated in accordance with the law;