26 Amendments of Aldo PATRICIELLO related to 2022/0277(COD)
Amendment 246 #
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures cThe operation of media service providers in the internal market has been restricted and negatively affect the operation of media service providers in the internal market. Theyed by several legislative measures, includeing, for example, by the rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include, as well as by decisions related to licensing, authorisation or prior notification for media service providers. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures minimise disruptions to the operations of multimedia service providers and comply with the principles of objective justification, adequacy, transparency, non- discrimination and proportionality.
Amendment 263 #
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the advertising inventory, purchasing, scheduling, sale and future production of content. Accordingly, media market players, in particular media service providers 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. 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 298 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘public service media provider’ means a media service provider which is entrusted with a public service missiontask under national law orand receives national public funding for the fulfilment of such a missiontask;
Amendment 318 #
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 online platforms for the purposes of decisions regarding advertising allocation or prices or the relatedpurchasing, planning, production or distribution of content and the advertising inventory;
Amendment 325 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 329 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 331 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Media service providers shall have the right to exercise their economic activities in the internal market without restrictions other than those allowed underthat conform with Union law.
Amendment 379 #
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) The editorial hierarchy shall ensure that journalists carry out their work in accordance with the laws and professional and ethical standards, while upholding the right to report.
Amendment 386 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the national regulatory authorities or bodiesfinancial, human and technical resources of the national regulatory authorities or bodies are increased and sufficiently adjusted to enable the national regulatory authorities or bodies to have adequate financial, human and technical resources to carry out their new tasks under this Regulationconferred upon them by this Regulation. The organisational and functional autonomy of the national regulatory authorities or bodies shall be guaranteed.
Amendment 388 #
Proposal for a regulation
Article 7 – paragraph 3 – point a (new)
Article 7 – paragraph 3 – point a (new)
(a) Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Member States shall be required, upon request, to provide the Commission with all relevant information.
Amendment 390 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Where needed for carrying out their tasks under this Regulation, the national regulatory authorities or bodies shall have appropriate powers of investigation, witthe power to request, within an appropriate time frame, information and data which aregard to the conduct of natural or legal persons to which Chapter III applies. proportionate and necessary for the purpose of carrying out their tasks under Chapter III from natural or legal persons to which this Regulation applies or who, for purposes relating to their trade, business or profession, may reasonably be expected to be in possession of the necessary information, while respecting the rights and interests of those persons.
Amendment 397 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Board shall be composed of high-level representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU.
Amendment 402 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Board shall be represented by its Chair, elected by its members. The Board shall also elect a Chair from amongst its memberssteering group, composed of the Chair, the incoming Chair, the outgoing Chair and 2 other members. The Chair and the other members of the steering group shall be elected by a two-thirds majority of itsthe members of the Board with voting rights. The term of office of the Chair shall be two years. one year, and may be renewed once. The rules of procedure of the administrative board should specify the roles, tasks and method for the appointment of the members of the steering group.
Amendment 425 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided by the Commissionbe assisted by an independent bureau.
Amendment 430 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The secretariat shall provide administrative and organisational support to the activities of the Board. The secretariat shall also assist the Board in carrying out its tasksbureau of the European body for media services shall be established as a legally autonomous body. The main task of the bureau should be to assist the Board in carrying out its tasks, laid down in this Regulation and in Directive 2010/13/EU.
Amendment 449 #
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 453 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) on its own initiative, or upon request of the Commission, draw up opinions with respect to:
Amendment 493 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Board shall foster cooperation between media service providers, standardisation bodies or any other relevant stakeholders in order to facilitapromote the development of EU-wide harmonised technical standards related to digital signals or, such as hybrid broadband television broadcasting, and design of devices or user interfaces controlling or managing access to and use of audiovisual media services.
Amendment 529 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) it is subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, or adheres to a co-regulatory or self-regulatory mechanism governing editorial standards, widely recognised and accepted in the relevant media sector in one or more Member States. Media service providers’ self-declarations must be easy to verify. Member States shall be responsible for verifying media service providers’ self-declarations and shall provide for an independent, rapid and effective complaint and redress mechanism.
Amendment 539 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to restrict or suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect. and Article 17(3) of Regulation (EU) 2022/2065, and must give the media service provider the opportunity to respond to that statement, prior to the suspension or restriction taking effect. If the provider of a large online platform subsequently decides to suspend or restrict content or services, at the time of the decision taking effect, it shall provide detailed reasons in writing as to why it rejects the media service provider’s objections. For the purposes of assessing the compatibility of content with their terms and conditions, large online platforms shall refer to the following criteria: ...
Amendment 551 #
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 no longer than 48 hours from a complaint being lodged. If the large online platform does not respect this time limit, it shall restore the content or service without undue delay.
Amendment 558 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content provided by the media service provider without sufficient grounds, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board. If no amicable solution is found, the media service provider may lodge a complaint before the General Court or the competent national authority, through an independent, effective and rapid complaint and redress mechanism. The outcome of the dialogue or independent complaint or redress mechanism shall be notified to the Board.
Amendment 588 #
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 provision of media services or operation of media service providers in the internal market shall be duly justified and proportionateand objectively justified, proportionate and minimise disruptions to the operations of multimedia service providers. Such measures shall be adequate, reasoned, transparent, objective and non- discriminatory.
Amendment 658 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejProviders of audience to the protection of undertakings’ business secrets, provmeasurement systems developed without market governance, or outsiders of proprietary audience measurement systems shallindustry standards, shall in agreement with the relevant national self-regulatory bodies provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. The methodology and its application shall be verified at least once a year by an independent body. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 660 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodMedia service providers, their representative organisations and any other interested parties, shall encourage theould drawing up of codes of conduct by providers of audience measurement systems, together with media service providers, their representative organisations and any other interested parties, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent auditswith the support of national regulatory bodies that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. The same principles and provisions should also apply to online platforms. The codes of conduct should provide for: regular, transparent and independent monitoring, assessment of compliance with the principles contained therein and effective implementation, including through proportionate sanctions, where appropriate.
Amendment 666 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission, assisted by the Board and experts from media service providers, research companies or organisations, such as the Joint Industry Committees that provide audience measurements for the market, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article.