52 Amendments of Emmanuel MAUREL related to 2022/0277(COD)
Amendment 119 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114 and 167 thereof,
Amendment 127 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the digital media space, citizens and businesses access and consume media content, immediately available on their personal devices, increasingly in a cross- border setting. Global online platforms and online search engines act as gateways to media content, with business models that tend to disintermediate access to media services and amplify polarising content and disinformation. These platforms are also essential providers of online advertising, which has diverted financial resources from the media sector, affecting its financial sustainability, and consequently the diversity of content on offer. As media services are knowledge- and capital- intensive, they require scale to remain competitive and to thrive in the internal market. To that effect, the possibility to offer services across borders and obtain investment including from or in other Member States is particularly important.
Amendment 145 #
Proposal for a regulation
Recital 8
Recital 8
(8) In the digitalised media market, providers of video-sharing platforms or very large online platformshosting services in general may fall under the definition of media service provider. In general, such providers play a key role in the content organisation, including by automated means or algorithms, but do not exercise editorial responsibility over the content to which they provide access. However, in the increasingly convergent media environment, some providers of video-sharing platforms or very large online platforms have started to exercise editorial control over a section or sections of their services. Therefore, such an entity could be qualified both as a video-sharing platform provider or a very large online platform provider and as a media service provider.
Amendment 162 #
Proposal for a regulation
Recital 14
Recital 14
(14) The protection of editorial independence is a precondition for exercising the activity of media service providers and their professional integrity. Editorial independence is especially important for media service providers providing news and current affairs content given its societal role as a public good. MWithout prejudice to the rules laid down in Directive 2010/13/EU and their implementation by the Member States, media service providers should be able to exercise their economic activities freely in the internal market and compete on equal footing in an increasingly online environment where information flows across borders.
Amendment 189 #
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media marketguaranteeing pluralism, by ensuring that citizens and businesses have access to diversified and universal offers including quality information and impartial and balanced media coverage, as part of their mission. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, tohat Member States put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their mission that enables predictability in their planning. Preferably, sSuch funding should be decided and appropriated on a multi-year basis, in line with the public service mission of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect either the application of the rules on State aid or the competence of Member States to provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Amendment 194 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Audiovisual and audio media services of general interest play an important role in shaping public opinion. They have become more difficult to discover and find in the digital era, as business objectives determine which media services are offered to users as a priority.
Amendment 207 #
Proposal for a regulation
Recital 20
Recital 20
(20) Media integrity also requires a proactive approach to promote editorial independence by news media companies, in particular through internal safeguards. Media service providers should adopt proportionate measures to guarantee, once the overall editorial line has been agreed between their owners and editors, the freedom of the editors to take individual decisions in the course of their professional activity. The objective to shield editors from undue interference in their decisions taken on specific pieces of content as part of their everyday work contributes to ensuring a level playing field in the internal market for media services and the quality of such services. That objective is also in conformity with the fundamental right to receive and impart information under Article 11 of the Charter. In view of these considerations, media service providers should also ensure transparency of actual or potential conflicts of interest to their service recipients.
Amendment 248 #
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regardingffective application of 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 functionThese guidelines should respect the competence of the Member States in cultural matters ing of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this fieldrder to promote media pluralism and should not affect existing national measures to ensure prominence. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 280 #
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effect without prejudin accordance with Article to their obligations underRegulation (EU) 2022/XXX [the Digital Services A4(1) of Regulation (EU) 2019/1150 and Article 17(3) ofRegulation (EU) 2022/2065 and grant the media service concerned a right to respond prior to the suspension or restriction taking effect]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]2065. _________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 326 #
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operation of media servicr restrict the pcroviders in the internal market. They include, for example, rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include decisions related to licensing, authorisation or prior notification for media service providersss- border activities of news and current affairs programmes of media service providers in the internal market or may affect fundamental freedoms as defined in the Charter of Fundamental Rights of the European Union. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures comply with the principles of objective justification, transparency, non- discrimination and proportionality.
Amendment 330 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 365 #
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and the audience level of works and understand the preferences of audiences in order to plan the future production of content and works. Accordingly, media market players, in particular media service providers, rights holders and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies or data. This could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
Amendment 374 #
Proposal for a regulation
Recital 46
Recital 46
(46) In order to enhance the verifiability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers, rights holders and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period. The obligations imposed under this Regulation are without prejudice to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX [Digital Markets Act], including those concerning ranking or self- preferencing.
Amendment 381 #
Proposal for a regulation
Recital 47
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems, online platforms or by organisations or associations representing them, can contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providers, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
Amendment 399 #
Proposal for a regulation
Article premier – paragraph 2 – point a a (new)
Article premier – paragraph 2 – point a a (new)
(aa) Directive 2001/29/EC;
Amendment 400 #
Proposal for a regulation
Article premier – paragraph 2 – point a b (new)
Article premier – paragraph 2 – point a b (new)
(ab) Directive 2010/13/EU and Directive (EU) 2018/1808, with the exception of Article 27 of this Regulation;
Amendment 403 #
Proposal for a regulation
Article premier – paragraph 2 – point a c (new)
Article premier – paragraph 2 – point a c (new)
(ac) Directive 2019/789/EU;
Amendment 409 #
Proposal for a regulation
Article premier – paragraph 2 – subparagraph 1 (new)
Article premier – paragraph 2 – subparagraph 1 (new)
And the implementation of the above directives in national legislation.
Amendment 419 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications to the general public, by any means, in order to inform, entertain or educate, under the editorial responsibility of a media service providerin accordance with Directive 2010/13/EU;
Amendment 461 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and of content for the purposes of decisions regarding advertising allocation or prices or the related planning, production or distribution of content;
Amendment 518 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Highlighting audiovisual and audio media services of general interest and European works Member States shall take appropriate measures to ensure the prominence of audiovisual and audio media services of general interest as defined in Article 7a and European works in accordance with Article 13(1) of Directive 2010/13/EU. Those measures shall be consistent with established general interest objectives such as media pluralism, freedom of expression, access to reliable information, social cohesion and cultural diversity. The provisions of this Regulation, directives 2010/13/EU and 2000/31/EC and Regulation (EU) 2022/2065 shall not affect Member States’ powers or highlighting measures that are already in place.
Amendment 521 #
1. PThe Member States shall ensure, in their national legislation and practice, that public service media providers shall provide, in an impartial and independent manner, a plurality of information and opinions to their audiences, in accordance with their public service mission.
Amendment 536 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate, predictable and stable financial resources for the fulfilment of their public service mission. Those resources and to ensure that the objectives set can be met. Those resources and the process by which they are allocated shall be such that editorial independence is safeguarded.
Amendment 608 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Without prejudice to national constitutional laws consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions. In particular, such measures shall aim to:
Amendment 620 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that editors are free to take individual editorial decisions in the exercise of their professional activity; and
Amendment 631 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 672 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Board’s remit shall be limited to audiovisual media services.
Amendment 677 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or Union institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 711 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
Amendment 787 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 796 #
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 810 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) upon request of the Commission, draw up opinions with respect to:
Amendment 891 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar days from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 907 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
Amendment 914 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Board shall foster the exchange of best practices among the national regulatory authorities or bodies, consulting stakeholders, where appropriate, and in close cooperation with the Commission, on regulatory, technical or practical aspects pertinent to the consistent and effective application of this Regulation and of the national rules implementing Directive 2010/13/EU.
Amendment 919 #
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) the appropriate prominence of audiovisual media services of general interest under Article 7a and Article 13(1) of Directive 2010/13/EU and measures to monitor that this prominence is being given;
Amendment 922 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU, and on their subsidiaries, holding companies and sister companies.
Amendment 971 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Content of media service providers on very large online platforms and search engines
Amendment 976 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms and search engines shall provide a functionality allowing recipients of their services to declare that:
Amendment 1013 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform or search engine decides to suspend or otherwise restrict the provision of its online intermediation services in relation to any 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 effectit shall take all possible measures : 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 and Article 17(3) of Regulation (EU) 2022/2065, to provide the media service provider with 48 hours to reply to the statement of reasons. Within that time frame, content shall not be suspended or restricted, unless it infringes the national law of the country of origin or EU law.
Amendment 1020 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 and Article 20 of Regulation (EU) 2022/2065 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and within a maximum period of 24 hours after submission of the complaint. If the online platform does not adhere to that time limit, the content or service shall be reinstated without undue delay.
Amendment 1034 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content or a service 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.
Amendment 1048 #
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content or service provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 1102 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19 a Right to be able to identify the provider of a media service Media service recipients must be able to easily identify media service providers. Data communicated by media service providers, such as media logos, journalist names and html links to original sources, must remain visible alongside content.
Amendment 1104 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the operation of media service providers in the internal market shall bemedia pluralism, editorial independence, activities linked to the news and media programmes run by media service providers in the internal market or which is likely to affect fundamental freedoms as defined in the Charter of Fundamental Rights of the European Union shall be non-discriminatory, duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory. This article does not apply when a national measure is also governed by State aid rules and national rules implementing Directive 2010/13/EU.
Amendment 1116 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 1119 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1121 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 1133 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 1241 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ business secrets, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers, and advertisers and other rights holders, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the data collected and the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 1243 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Rights holders shall have access to audience data relating to their own content, as defined in Article 23 of this Regulation;
Amendment 1251 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct bysupport providers of audience measurement systems, together with media service providers, online platforms, their representative organisations and any other interested parties, in drawing up codes of conduct that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.