74 Amendments of Catherine GRISET related to 2022/0277(COD)
Amendment 130 #
Proposal for a regulation
Recital 5
Recital 5
(5) Moreover, in response to challenges to media pluralism and media freedom online, some Member States have taken regulatory measures and other Member States are likely to do so within their national competence, with a risk of furthering the divergence in national approaches and restrictions to free movement in the internal market.
Amendment 173 #
Proposal for a regulation
Recital 16
Recital 16
(16) Journalists and editors are the main actors in the production and provision of trustworthy media content, in particular by reporting on news or current affairs. It is essential therefore to protect journalists’ capability to collect, fact-check and analyse information, including information imparted confidentially. In particular, media service providers and journalists (including those operating in non-standard forms of employment, such as freelancers) should be able to rely on a robust protection of journalistic sources and communications, including against deployment of surveillance technologies, since without such protection sources may be deterred from assisting the media in informing the public on matters of public interest. As a result, journalists’ freedom to exercise their economic activity and fulfil their vital ‘public watchdog’ role may be undermined, thus affecting negatively access to quality media services. The protection of journalistic sources contributes to the protection of the fundamental right enshrined in Article 11 of the Charter.Does not affect the English version.)
Amendment 191 #
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 marketmedia diversity, by ensuring that citizens and businesses have access to quality information and impartial 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, to 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, such 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 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 197 #
Proposal for a regulation
Recital 19
Recital 19
(19) It is crucial for the recipients of media services to know with certainty who owns and is behind the news media so that they can identify and understand potential conflicts of interest which is a prerequisite for forming well-informed opinions and consequently to actively participate in a democracy. Such transparency is also an effective tool to limit risks of interference with editorial independence within the limits of the editorial line set by the owner. It is thus necessary to introduce common information requirements for all relevant media service providers across the Union that should include proportionate requirements to disclose ownership information. In this context, the measures taken by Member States under Article 30(9) of Directive (EU) 2015/84949should not be affected. The required information should be disclosed by the relevant providers on their websites or other medium that is easily and directly accessible. _________________ 49 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73-117).
Amendment 204 #
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 activityprotect the editorial freedom of the media in the course of their professional activity, in particular by appointing publishing directors with legal responsibility for the publication of content. 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 210 #
Proposal for a regulation
Recital 21
Recital 21
(21) To mitigate regulatory burdens, micro enterprises within the meaning of Article 3 of Directive 2013/34/EU of the European Parliament and of the Council50should be exempted from the requirements related to information and internal safeguards with a view to guaranteeing the independence of individual editorial decisions. Moreover, media service providers should be free to tailor the internal safeguards to their needs or to their particular editorial line, in particular if they are small and medium- sized enterprises within the meaning of that Article. The Recommendation that accompanies this Regulation51provides a catalogue of voluntary internal safeguards that can be adopted within media companies in this regard. The present Regulation should not be construed to the effect of depriving the owners of private media service providers of their prerogative to set strategic or general goals and to foster the growth and financial viability of their undertakings. In this respect, this Regulation recognises that the goal of fostering editorial independence needs to be reconciled with the legitimate rights and interests of privatemedia owners and with the exercise of responsibility of the publishing director. _________________ 50 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19-76). 51 OJ C , , p. .
Amendment 232 #
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, tThe Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions in agreement with the Commission or upon its request in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commissionfree of any political or economic interference. The secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 243 #
Proposal for a regulation
Recital 26
Recital 26
(26) To ensure the effective enforcement of Union media law, to prevent the possible circumvention of the applicable media rules by rogue media service providers and to avoid the raising of additional barriers in the internal market for media services, it is essential to provide for a clear, legally binding framework for national regulatory authorities or bodies to cooperate effectively and efficiently.
Amendment 266 #
Proposal for a regulation
Recital 30
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers established outside the Union that target audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordination between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 277 #
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 key 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, before imposing any restriction, duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act], and provide, as early as possible,engage in a dialogue with the media service provider concerned, including providing the necessary explanations to the media service providers, as theira 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 tomustsubmit the precisestatement of reasonsprior to the restriction taking effect without prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures eitheragainst 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]. Such platforms should minimise the moderation of legal information content of media service providers, even if such information contravenes their moderation policy. _________________ 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 292 #
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met, on the basis of transparent, objective and non-discriminatory criteria. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine-readable standard of the Journalism Trust Initiative or the recognition of press publication status as used by media service providers in certain Member States or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality to address any potential abuse in its implementation by very large online platforms.
Amendment 337 #
Proposal for a regulation
Recital 39
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on the Commission’s request, where national measures are likely to affect the functioning of the internal market for audiovisual media services. This is, for example, the case when a national administrative measure is addressed to an audiovisual media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State.
Amendment 340 #
Proposal for a regulation
Recital 40
Recital 40
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure assessment of audiovisual media market concentrations that could have a significant impact on audiovisual media pluralism or editorial independence. Such rules and procedures can have an impact on the freedom to provide audiovisual media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non- discriminatory. MAudiovisual media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in audiovisual media services which have substantial influence on the formation of public opinion in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration. Where effective national measures exist, they should not be amended for the sake of European harmonisation.
Amendment 345 #
Proposal for a regulation
Recital 41
Recital 41
(41) National regulatory authorities or bodies, who have specific expertise in the area of audiovisual media pluralism, should be involved in the assessment of the impact of audiovisual media market concentrations on audiovisual media pluralism and editorial independence where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting audiovisual media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of audiovisual media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 349 #
Proposal for a regulation
Recital 42
Recital 42
(42) When an audiovisual media market concentration constitutes a concentration falling within the scope of Council Regulation (EC) No 139/200455, the application of this Regulation or of any rules and procedures adopted by Member States on the basis of this Regulation should not affect the application of Article 21(4) of Regulation (EC) No 139/2004. Any measures taken by the designated or involved national regulatory authorities or bodies based on their assessment of the impact of audiovisualmedia market concentrations on audiovisualmedia pluralism and editorial independence should therefore be aimed at protecting legitimate interests within the meaning of Article 21(4), third subparagraph, of Regulation (EC) No 139/2004, and should be in line with the general principles and other provisions of Union law. _________________ 55 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1-22).
Amendment 353 #
Proposal for a regulation
Recital 43
Recital 43
(43) The Board should be empowered to provide opinions on draft decisions or opinions by the designated or involved national regulatory authorities or bodies, where the notifiable concentrations may affect the functioning of the internal audiovisual media market. This would be the case, for example, where such concentrations involve at least one undertaking established in another Member State or operating in more than one Member State or result in audiovisual media service providers having a significant influence on formation of public opinion in a given audiovisual media market. Moreover, where the concentration has not been assessed for its impact on audiovisual media pluralism and editorial independence by the relevant national authorities or bodies, or where the national regulatory authorities or bodies have not consulted the Board regarding a given audiovisual media market concentration, but that media market concentration is considered likely to affect the functioning of the internal market for audiovisual media services, the Board should be able to provide an opinion, upon request of the Commission. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 361 #
Proposal for a regulation
Recital 44
Recital 44
(44) With a view to ensuring pluralistic audiovisual media markets, the national authorities or bodies and the Board should take account ofMember States should lay down a set of criteria. In particular, impact on audiovisual media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other audiovisual media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, once the owner has set the editorial line, or the management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the audiovisual media undertakings involved should also be taken into account. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality audiovisual media services in the market.
Amendment 392 #
Proposal for a regulation
Recital 50
Recital 50
(50) Risks to the functioning and resilience of the internal media market should be regularly monitored as part of the efforts to improve the functioning of the internal market for media services. Such monitoring should aim at providing detailed data and qualitative assessments on the resilience of the internal market for media services, including as regards the degree of concentration of the market at national and regional level and risks of foreign information manipulation and interference. It should be conducted independently, on the basis of a robust list of key performance indicators, developed and regularly updated by the Commission, in consultation with the Board. Given the rapidly evolving nature of risks and technological developments in the internal media market, the monitoring should include forward-looking exercises such as stress tests to assess the prospective resilience of the internal media market, to alert about vulnerabilities around media pluralism and editorial independence, and to help efforts to improve governance, data quality and risk management. In particular, the level of cross-border activity and investment, regulatory cooperation and convergence in media regulation, obstacles to the provision of media services, including in a digital environment, as well as transparency and fairness of allocation of economic resources in the internal media market should be covered by the monitoring. It should also consider broader trends in the internal media market and national media markets as well as national legislation affecting media service providers. In addition, the monitoring should provide an overview of measures taken by media service providers with a view to guaranteeing the independence of individual editorial decisions, including those proposed in the accompanying Recommendation. In order to ensure the highest standards of such monitoring, the Board, as it gathers entities with a specialised media market expertise, should be duly involved.
Amendment 397 #
Proposal for a regulation
Article premier – paragraph 2 – point a a (new)
Article premier – paragraph 2 – point a a (new)
(aa) however, the inclusion in the scope of ‘media services’ of the written and radio press, which is not covered by Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010, should be borne in mind. Its inclusion while the written press is a national, regional or local market, is essential to the functioning of democracy and undeniably embodies cultural diversity must be removed from the proposal for a regulation.
Amendment 402 #
Proposal for a regulation
Article premier – paragraph 2 – point a c (new)
Article premier – paragraph 2 – point a c (new)
(ac) Directive 2005/29/EU; Directive 2010/13/EU, with the exception of Article 27 of this Regulation; Directive (EU) 2015/… of the European Parliament and of the Council;
Amendment 418 #
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 provider, by electronic communications networks within the meaning of Article 2(a) of Directive 2002/21/EC, where that directive excludes the written press;
Amendment 430 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘editor’ means a natural person or a number of natural persons possibly grouped in a body, regardless of its legal form, status and composition, that takes or supervises editorial decisions within a media service provider;Does not affect the English version.)
Amendment 432 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7a) ‘publishing director’ means the legal representative of the media service provider who assumes responsibility, including legal responsibility, for the provision of a media service;
Amendment 434 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or of the content of press publications and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
Amendment 450 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service provider of a very large online platform;
Amendment 456 #
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 users of online platforms for the purposes of decisions regarding advertising allocation or prices or the related planning, production or distribution of content;
Amendment 466 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, or online platforms of a media service provider, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any national or regional public authority, such as national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level, or any local government of a territorial entity of more than 1 million inhabitants;
Amendment 476 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 564 #
Proposal for a regulation
Article 6 – paragraph 1 – point a b (new)
Article 6 – paragraph 1 – point a b (new)
(ab) Editors should not be subject to any influence as regards their editorial lines from Member States, the Board or the Commission.
Amendment 566 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) of their direct or indirect owner(s) with shareholdings enabling them to exercise influencewhere the media service provider is a legal person, its name or registered trade name, its registered address, its legal form and the name of its legal representative and onf the operation and strategic decision makingphysical or legal persons holding at least 10% of its capital;
Amendment 606 #
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 guaranteeprotecting the independence of individual editorial decisions. In particular, such measures shall aim to:
Amendment 609 #
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 614 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee thaprotect editors arein their freedom to take individual editorial decisions in the exercise of their professional activity, in particular in the exercise of the responsibility conferred upon the publishing director; and
Amendment 696 #
5. The Commission shall designate a representative to the Board. The representative of the Commission shallmay participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission in preparation of its work programme and main and the deliverables.
Amendment 712 #
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 728 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission.
Amendment 734 #
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 Commissith the budget it needs to fulfil its remit without the risk of being subject to political influence. The secretariat must be independent of the Commission in order for it to be above any suspicion of influence or corruption.
Amendment 767 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) support the Commission, through technical expertise, in ensuring the correct application of this Regulation for audiovisual media services and the consistent implementation of Directive 2010/13/EU across all Member States, without prejudice to the tasks of national regulatory authorities or bodies;
Amendment 771 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) promote cooperation and the effective exchange of information, experience and best practices between the national regulatory authorities or bodies on the application of the Union and national rules applicable to audiovisual media services, including this Regulation and Directive 2010/13/EU, in particular as regards Articles 3, 4 and 7 of that Directive;
Amendment 775 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation andfor audiovisual media services and the implementation of Directive 2010/13/EU, as well as all on other matters related to audiovisual media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 786 #
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 797 #
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 800 #
Proposal for a regulation
Article 12 – paragraph 1 – point e – point iii
Article 12 – paragraph 1 – point e – point iii
(iii) national measures concerning audiovisual media service providers established outside of the Union, in accordance with Article 16(2) of this Regulation;
Amendment 809 #
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 814 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i
Article 12 – paragraph 1 – point f – point i
(i) national measures which are likely to affect the functioning of the internal market for audiovisual media services, in accordance with Article 20(4) of this Regulation;
Amendment 818 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) media market concentrations which are likely to ahave a proven adverse effect on the functioning of the internal market for audiovisual media services, in accordance with Article 22(1) of this Regulation;
Amendment 822 #
Proposal for a regulation
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) draw up opinions on draft national opinions or decisions assessing the impact on media pluralism and editorial independence of a notifiable audiovisual media market concentration where such a concentration may affect the functioning of the internal market, in accordance with Article 21(5) of this Regulation;
Amendment 832 #
Proposal for a regulation
Article 12 – paragraph 1 – point h – point ii
Article 12 – paragraph 1 – point h – point ii
(ii) factors to be taken into account when applying the criteria for assessing the impact of audiovisual media market concentrations, in accordance with Article 21(3) of this Regulation;
Amendment 837 #
Proposal for a regulation
Article 12 – paragraph 1 – point k
Article 12 – paragraph 1 – point k
(k) coordinate national measures related to the dissemination of or access to content of audiovisual media service providers established outside of the Union that target audiences in the Union, where their activities prejudice or present a serious and grave risk of prejudice to public security and defence, in accordance with Article 16(1) of this Regulation;
Amendment 860 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Not intervene in national media markets, or in the Member States’ spheres of competence in that regard, bearing in mind that Article 167 TFEU stipulates in particular that ‘[t]he Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore’.
Amendment 890 #
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 908 #
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 913 #
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 925 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Commission may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU. The Board shall assist the Commission in this regard, where requested.
Amendment 956 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board.
Amendment 994 #
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) Providers of very large online platforms shall bolster the prominence of news and information media, along with access to a diverse and pluralistic media offer
Amendment 1003 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation tobelieves that the 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 itsthe 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 their2065, it shall notify the media service provider by electronic means, providing comprehensive reasons to explain why it is incompatible, and give it the opportunity to send a reasoned reply within a reasonable time frame. If the media service provider and the online platform do not reach an agreement, the Board shall issue an opinion on the compatibility of the very large obnligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate tone platform's action with freedom of expression and media freedom. No content may be suspended before the media service provider has received that notice. Suspending media services' content has repercussions on pluralism of information and on the media services 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 effectIf a very large online platform provider decides to suspend the provision of online intermediation media services, the online intermediation media service may ask the competent national judicial authorities, on the basis of applicable law, to instruct the very large online platform provider to reinstate the provision of its online intermediation services for the content in question.
Amendment 1022 #
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 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and without undue delayin a reasonable time frame. And if the complaint has not been received, very large platform providers shall reinstate the content that is the subject of the complaint.
Amendment 1030 #
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 and supervised by the national judiciary authorities responsible for media services, 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 1042 #
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the numblist broken down by media service provider of instances where they imposed any restriction or suspension on the grounds that the content provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 1052 #
Proposal for a regulation
Article 17 – paragraph 5 – point b
Article 17 – paragraph 5 – point b
(b) the specific, substantiated and detailed grounds for imposing such restrictions.
Amendment 1124 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the CommissionOpinions by the Board shall be made publicly available.
Amendment 1153 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point c
Article 21 – paragraph 1 – subparagraph 1 – point c
(c) designate the national regulatorycompetition authority or national regulatory body as responsible for the assessment of the impact of a notifiable concentration on media pluralism and editorial independence or ensure the involvement of the national regulatory authority or body in such assessment;
Amendment 1157 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Article 21 – paragraph 1 – subparagraph 1 – point d
(d) set out in advance objective, non- discriminatory and proportionate criteria for notifying media market concentrations that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media market concentrations on media pluralism and editorial independence.
Amendment 1164 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism at European, national and regional level, including its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non-media businesses; those effects may be positive for the freedom of the press and the plurality of opinion, since concentration makes it possible to keep publishing some media, in particular the regional press, which is very influential in the formation of public opinion.
Amendment 1171 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
Amendment 1178 #
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
Amendment 1185 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission, assisted by the Board, may issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations on media pluralism and editorial independence by the national regulatory authorities or bodies.
Amendment 1187 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 1192 #
Amendment 1195 #
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
Amendment 1271 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Media service providers publishing information on current affairs or politics must be the first recipients of public funds;
Amendment 1316 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 1322 #
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) a detailed analysis of the resilience of media markets of all Member States, including as regards the level of media concentration and risks of foreign information manipulation and interferencetake into account the results of media monitoring;