229 Amendments of Morten LØKKEGAARD related to 2022/0277(COD)
Amendment 171 #
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 and encryption deconstruction 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.
Amendment 183 #
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 and encryption deconstruction 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.
Amendment 185 #
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 market, by ensuring that citizens and businesses have access to universal and varied offers including quality information, and balanced and impartial media coverage, as part of their missionremit. 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 missionremit 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 missionremit 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 tobudget negotiations. The transparency requirements under this Regulation for the appointment procedures for public service media’s heads of management and members of governing bodies do not require the disclosure of the candidates’ identity. The requirements laid down in this Regulation do not affect the application of the State aid rules as applied on a case-by-case basis or the competence of Member States to define a broad and dynamic remit, organise and 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 185 #
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 market, by ensuring that citizens and businesses have access to universal and varied offers including quality information, and balanced and impartial media coverage, as part of their missionremit. 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 missionremit 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 missionremit 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 tobudget negotiations. The transparency requirements under this Regulation for the appointment procedures for public service media’s heads of management and members of governing bodies do not require the disclosure of the candidates’ identity. The requirements laid down in this Regulation do not affect the application of the State aid rules as applied on a case-by-case basis or the competence of Member States to define a broad and dynamic remit, organise and 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 205 #
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, the 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 may 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 Commissionn independent secretariat. The secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 225 #
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 under4(1) of Regulation (EU) 2019/1150 and Article 17(3) of Regulation (EU) 2022/XXX2065 [the Digital Services Act] and grant the affected media service a right to reply to this statement of reasons 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/XXX2065 [the Digital Services Act]. __________________ 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 235 #
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, the 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 may 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 Commissionn independent secretariat. The secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 247 #
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,s where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a 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 or if it is preventing a media service provider established in one Member State from providing services or starting operations in another Member State. Media service providers individually and directly affected by a measure and the Commission, should be able to request that the Board draw up opinions on such measures.
Amendment 271 #
Proposal for a regulation
Recital 48
Recital 48
(48) State funding, including state advertising, is an important source of revenue for many media service providers, contributing to their economic sustainability. Access to it must be granted in a non-discriminatory way to any media service provider from any Member State which can adequately reach some or all of the relevant members of the public, in order to ensure equal opportunities in the internal market. Moreover, State advertisfunding may make media service providers vulnerable to undue state influence to the detriment of the freedom to provide services and fundamental rights. Opaque and biased allocation of state advertisfunding is therefore a powerful tool to exert influence or ‘capture’ media service providers. The distribution and transparency of state advertisfunding are in some regards regulated through a fragmented framework of media- specific measures and general public procurement laws, which, however, may not cover all state advertising expenditure nor offer sufficient protection against preferential or biased distribution. In particular, Directive 2014/24/EU of the European Parliament and of the Council56 does not apply to public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services. Media- specific rules on state advertisfunding, where they exist, diverge significantly from one Member State to another. __________________ 56 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65-242).
Amendment 278 #
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 under4(1) of Regulation (EU) 2019/1150 and Article 17(3) of Regulation (EU) 2022/XXX2065 [the Digital Services Act] and grant the affected media service a right to reply to this statement of reasons 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/XXX2065 [the Digital Services Act]. _________________ 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
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 providedesignated editor;
Amendment 297 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the choicdecides the overall editorial line of the content of the media service and determines the manner in which it is organised;
Amendment 300 #
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, thatwho takes or supervises editorial decisions within a media service provider;
Amendment 307 #
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 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 313 #
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;, one provider of very large online platform or one provider of very large online search engine, and which has a significant impact on the structure of the media market.
Amendment 319 #
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 orand otherwise processing data about the number and characteristics of users of media services and users of online platforms, to determine the audience size, reach and frequency for the purposes of decisions regarding advertising allocation or prices or the relatedbuying, planning, productionselling or distribution of content;
Amendment 321 #
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, 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 324 #
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect and restrict the operation of media service providers 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 disproportionate or distorted implementation at national level of minimum requirements foreseen in Directive 2010/13/EU, which can createnew barriers in the internal market, ordecisions 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 comply with the principles of objective justification, transparency, non- discrimination and proportionality.
Amendment 328 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Recipients of media services in the Union shall have the right to receive a plurality of news and current affairs content in their own language and related to their own cultural references, produced with respect for editorial freedom of media service providers, to the benefit of the public discourse.
Amendment 332 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States shall respectguarantee effective editorial freedom of media service providers. Member States, including their national regulatory authorities and bodies, shall not:
Amendment 333 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) order disclosure, detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers or, if applicable, their family members, their employees or their family members, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter and in compliance with other Union lawwhere such actions might lead to access to journalists’ sources;
Amendment 333 #
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,s where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a 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 or if it is preventing a media service established in one Member State from providing services or starting operations in another Member State. Media service provider individually and directly affected by a measure and the Commission, should be able to request that the Board draw up opinions on such measures.
Amendment 334 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spyware in any device or machine used by media service providers or, if applicable, their family members, or their employees or their family members, unless the deployment is justified, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain the information sought.where such action might lead to access to journalists’ sources;
Amendment 335 #
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) (d) create or force access to encrypted communications in any device or machine used by media service providers or, if applicable, their family members, their employees or their family members, or their corporate and private premises, where such action might lead to access to journalists’ sources;
Amendment 336 #
Proposal for a regulation
Article 4 – paragraph 2 – point c b (new)
Article 4 – paragraph 2 – point c b (new)
(cb) actions that correspond to an interference with journalists’ sources as mentioned in this article under (b), (c) and (d) are only permitted if pertinently justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter, the Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, and in compliance with other Union law.
Amendment 339 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Member States shall ensure the freedom to provide media services, in line with Article 56 TFEU, subject to national measures to ensure media pluralism. To this end, Member States shall not prevent undertakings from providing media services, except when this is necessary for the reasons set out in Article 16 of this Regulation or in situations foreseen in article 3(2) of Directive 2010/13/EU. 2. Where Member States consider that licensing, registration or notification procedures are necessary, such limitations to the freedom to provide media services shall respect the conditions set out in this Regulation, in particular Article 20. Any such limitation to the freedom to provide media services shall be duly reasoned and notified to the Commission and the Board.
Amendment 340 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. PMember States shall ensure in their national legal framework and conduct that public service media providers shall provide independently and in an impartial manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
Amendment 348 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service mission. Those resourcesremit and to meet the objectives therein. Those resources and the process by which they are allocated shall be such that editorial independence is safeguarded.
Amendment 351 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Prominence for audiovisual and audio media services of general interest Member States shall take measures to ensure the appropriate prominence of audiovisual and audio media services of general interest. This Regulation, Directives 2010/13/EU and 2000/31/EC and Regulation (EU) 2022/2065 shall not affect the competence of Member States and shall be without effect to existing prominence measures. References to Article 7a of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 shall be read as references to Article 5a of this Regulation.
Amendment 358 #
Proposal for a regulation
Recital 44
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on 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 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, 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 media undertakings involved should also be taken into accountThe editorial independence of media is crucial for well-functioning media markets where quality media content, namely content produced independently and in line with deontological standards, can freely flow across borders without interference from both public authorities and private owners. Such interference also discourages media companies from expanding their services to other markets due to the high risk of interference and, subsequently, distortion of the market. The preservation of editorial independence in the media is essential for ensuring the continued growth and vitality of the internal market and for upholding the broader democratic values and principles upon which the European Union was founded. With a view to ensuring the editorial independence of media service providers, it is necessary to assess current state of market structure, adherence of media service providers to ethical and professional standards, their editorial independence and safeguards within media service providers. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, 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 media undertakings involved should also be taken into account. Furthermore, the results of the annual Commission Rule of Law report presented in the chapters on press freedom as well as the risk assessment made annually by the Media Pluralism Monitor or independent external assessments such as World Press Freedom Index or other widely accepted non-governmental organisations, should be considered in determining the overall climate for media and the effects of the concentrations in question over media pluralism and editorial independence, under these specific conditions. 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 media services in the market.
Amendment 370 #
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 372 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 375 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 380 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 382 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 383 #
Proposal for a regulation
Recital 48
Recital 48
(48) State funding, including state advertising, is an important source of revenue for many media service providers, contributing to their economic sustainability. Access to it must be granted in a non-discriminatory way to any media service provider from any Member State which can adequately reach some or all of the relevant members of the public, in order to ensure equal opportunities in the internal market. Moreover, State advertisfunding may make media service providers vulnerable to undue state influence to the detriment of the freedom to provide services and fundamental rights. Opaque and biased allocation of state advertisfunding is therefore a powerful tool to exert influence or ‘capture’ media service providers. The distribution and transparency of state advertisfunding are in some regards regulated through a fragmented framework of media- specific measures and general public procurement laws, which, however, may not cover all state advertising expenditure nor offer sufficient protection against preferential or biased distribution. In particular, Directive 2014/24/EU of the European Parliament and of the Council56 does not apply to public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services. Media- specific rules on state advertisfunding, where they exist, diverge significantly from one Member State to another. _________________ 56 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65-242).
Amendment 385 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EUas defined in Article 2(12) shall be responsible for the application of Chapter III of this Regulation.
Amendment 396 #
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 European 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 399 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Board shall be composed of representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EUas defined in Article 2(12).
Amendment 400 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. In addition to the Board, an advisory body consisting of representatives from the media sector shall be established. The advisory body shall advise the Board on issues related to media pluralism and media and press freedom. The advisory body shall consist of one representative of the media sector per Member State. In Member States where self-regulatory media or press councils exist, the media sector representative shall be appointed by the associations of journalists, editors, and civil society organisations that appoint, or nominate in the case of co-regulation, the member of the advisory board. In Member States where no self-regulatory media or press council exists, the media sector representative shall be appointed by a consortium of journalists, editors, and civil society associations established for this purpose.
Amendment 404 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall 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 deliverables.
Amendment 412 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, ion agreement with the Commission case-by-case basis, may invite experts and observers to attend its meetings.
Amendment 414 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement w may invithe the Commission, may invite experts and observers to attend its meetings.
Amendment 415 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall not affect the possibility for Member States to adopt more detailed or stricter rules in the fields covered by Chapter II and, Section 5 of Chapter III and Article 24, provided that those rules comply with Union law.
Amendment 418 #
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 421 #
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 422 #
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 providedesignated editor;
Amendment 423 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided byindependent of the Commission and Member States.
Amendment 424 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the choicdecides the overall editorial line of the content of the media service and determines the manner in which it is organised;
Amendment 425 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) Member States shall ensure the freedom to provide media services, in line with Article 56 TFEU, subject to national measures to ensure media pluralism. To this end, Member States shall not prevent undertakings from providing media services, except when this is necessary for the reasons set out in Article 16 of this Regulation or in situations foreseen in article 3(2) of Directive 2010/13/EU. 2. Where Member States consider that licensing, registration or notification procedures are necessary, such limitations to the freedom to provide media services shall respect the conditions set out in this regulation, in particular Article 20. Any such limitation to the freedom to provide media services shall be duly reasoned and notified to the Commission and the Board.
Amendment 427 #
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, thatwho takes or supervises editorial decisions within a media service provider;
Amendment 428 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The Secretariat of the Board shall, in addition to its obligations to the Board, assist the advisory body, representing the media sector, in their work.
Amendment 429 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘editor-in-chief’ 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;
Amendment 433 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
Without prejudice to the powers granted to the Commission by the Treaties, the Board shall promote the effective and consistent application of this Regulation and of national rulmeasures implementing Directive 2010/13/EU throughout the Union. The Board shall:
Amendment 437 #
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 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 438 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to 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;The Board shall, taking into account the urgency of the matter, advice or draw up opinions to the Commission.
Amendment 438 #
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 the content of press publications and over their organisation, for the purposes of the provision of a media service, regardless ofaccording to the existence of liability under national law for the service provided;
Amendment 440 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) on its own initiative, or 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 441 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘online platform’ means a service as defined in Article 3, point (i) of Regulation (EU) 2022/2065;
Amendment 443 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘provider of very large online platform’ means a provider of an online platform that has been designated as a very large online platform pursuant to Article 25(4) of Regulation (EU) 2022/XXX [Digital Services Act]2065;
Amendment 444 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10a) ‘provider of a very large online search engine’ means a provider of an online search engine that has been designated as a very large online search engine pursuant to Article 33(4) of Regulation (EU) 2022/2065 [Digital Services Act];
Amendment 447 #
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 449 #
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;, one provider of very large online platform or one provider of very large online search engine, and which has a significant impact on the structure of the media market.
Amendment 453 #
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 orand otherwise processing data about the number and characteristics of users of media services and of users of online platforms to determine the audience size, reach and frequency for the purposes of decisions regarding advertising allocation or prices or the related planning, production or distribution of content;
Amendment 455 #
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 460 #
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(ga) The board shall base its opinions and decisions, referred to in Article 12, on a risk assessment, which carefully identify, analyse and assess any systemic risks to media freedom and pluralism in the particular Member State. Such assessment shall be specific and proportionate, taking into consideration the Commission’s Rule of Law report as well as external assessments of the media freedom and pluralism in Member States, such as World Press Freedom Index
Amendment 465 #
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) In so far as necessary to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation with the Commission, may cooperate with competent Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organizations. To that end, the Board may establish working arrangements subject to prior approval by the Commission.
Amendment 468 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The advisory body shall support the Board and advice it on issues relating to media pluralism and media and press freedom. The Board shall be obligated to request opinions and advice from the advisory body before issuing its own opinions or recommendations on issues relating to media pluralism and media freedom. The opinions and advice from the advisory body shall be reflected in the final opinions and guidelines issued by the Board. The Board, upon request by the advisory body, shall draw up opinions on the national measures and decisions, which risks affecting the media pluralism or media freedom.
Amendment 470 #
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, 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 472 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
(15a) ‘Emergency messages by public authorities’ means the placement, publication or dissemination, in any media service, of a message of informative nature considered necessary by the public authorities in the event of natural or sanitary disasters, accidents, other sudden incidents or critical situations that may cause harm to individuals;
Amendment 477 #
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 484 #
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 487 #
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 relevant, 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 489 #
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, as well as their subsidiaries, sister companies and parent companies.
Amendment 489 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Recipients of media services in the Union shall have the right to receive a plurality of news and current affairs content, produced with respect for editorial freedom of media service providers without any interference, to the benefit of the public discourse.
Amendment 491 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. TAssisted by the Board, 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 495 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. The Board shall assess the state of media freedom in each Member State and issue an annual report. The Board shall consult with relevant stakeholders, including media organizations and civil society groups, to develop the criteria necessary for the report, such as the state of the independence of media outlets, the level of media pluralism, journalists' access to information, journalists' safety, the level of media ownership concentration, the effectiveness of media self-regulation, public trust in the media, the existence of public funding for media, and the level of media literacy among the general public. The transparency index and other criteria should reflect the concerns and priorities of these stakeholders and be reviewed annually to ensure they remain relevant and effective in promoting media freedom and plurality.
Amendment 496 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States shall respectguarantee effective editorial freedom of media service providers. Member States, including their national regulatory authorities and bodies, shall not:
Amendment 497 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Coordination of measures concerning media service providers established or media services originating outside the Union
Amendment 499 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Board shallWithout prejudice to Article 3 of Directive 2010/13/EU, the Board shall, upon request of the national regulatory authorities or bodies from at least two Member States, coordinate relevant measures by the national regulatory authorities or bodies concerned, related to the dissemination of or access by any technical means to media services provided by media service providers established outside of the Union that target audiences in the Union or media services originating from outside the Union but distributed by providers established in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence, or public health, or where their programs include incitement to violence, hatred or public provocation to commit a terrorist offence.
Amendment 500 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) order disclosure, detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers or, if applicable, their family members, their employees or their family members, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter and in compliance with other Union lawwhere such actions might lead to access to journalists’ sources;
Amendment 504 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spyware in any device or machine used by media service providers or, if applicable, their family members, or their employees or their family members, unless the deployment is justified, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain the information sought.where such action might lead to access to journalists’ sources;
Amendment 505 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Board, in agreementconsultation with the Commission, may issue opinions on appropriate national measures under paragraph 1. AllWithout prejudice to their powers under national law, the competent national authorities concerned, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board.
Amendment 507 #
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) (d) create or force access to encrypted communications in any device or machine used by media service providers or, if applicable, their family members, their employees or their family members, or their corporate and private premises, where such action might lead to access to journalists’ sources;
Amendment 509 #
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 509 #
Proposal for a regulation
Article 4 – paragraph 2 – point c b (new)
Article 4 – paragraph 2 – point c b (new)
(cb) (e) actions that correspond to an interference with journalists’ sources as mentioned in this article under (b), (c) and (d) are only permitted if pertinently justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter, the Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, and in compliance with other Union law.
Amendment 510 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Member States shall ensure that when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have a legal basis to take into account at least one of the following conditions: (i) a decision taken against that provider by a national regulatory authority or body from another Member State (ii) an opinion of the Board relating to that provider and taken on the grounds of this article
Amendment 513 #
Proposal for a regulation
Article 16 – paragraph 2 b (new)
Article 16 – paragraph 2 b (new)
2b. Very large online platforms shall find a solution to monitor and assess media services published by providers from outside the EU and targeting audiences in the Member States. They shall find the necessary expertise and resources to identify and evaluate content that may present a risk to public security and defence and shall work in close coordination with national regulatory authorities or bodies and the Board to ensure that such content does not pose a threat to the safety and well-being of EU citizens.
Amendment 515 #
Proposal for a regulation
Article 16 – paragraph 2 c (new)
Article 16 – paragraph 2 c (new)
2c. The platforms shall regularly review and update their technical and organisational measures to prevent such content from being disseminated on their platforms in compliance with the EU legislation and the requirements of Regulation (EU) 2022/2065. These measures should be designed to be effective, proportionate, and transparent.
Amendment 516 #
Proposal for a regulation
Article 16 – paragraph 2 d (new)
Article 16 – paragraph 2 d (new)
2d. The platforms shall establish a transparent and accountable process for reporting on their compliance with the Regulation, including the measures taken to prevent the dissemination of content coming from media service providers from outside the EU, that may present a risk to public security and defence. These reports shall be made publicly available on the platforms' websites and shall include the following: (i) Information on the number of media services assessed; (ii) The number of content items restricted or suspended; (iii) The reasons for such restrictions or suspensions. The reports shall also include information on the measures taken to ensure compliance with the Regulation, including any changes to the technical or organizational measures used to prevent the dissemination of such content.
Amendment 517 #
Proposal for a regulation
Article 16 – paragraph 2 e (new)
Article 16 – paragraph 2 e (new)
2e. The platforms shall cooperate fully with any investigations or inquiries conducted by regulatory authorities or bodies on media service providers from outside the EU, that may present a risk to public security and defence, and shall provide all required information and data to support such investigations or inquiries.
Amendment 523 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. PMember States shall ensure in their national legal framework and conduct that public service media providers shall provide independently and in an impartial manner a plurality of information and opinions to their audiences, in accordance with their public service mission. remit.
Amendment 524 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shall be editorially independent, and their autonomy guaranteed to provide in an impartial manner a plurality of information and opinions to their audiences, in accordance with their public service mission.
Amendment 528 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The head of management and, the members of the governing boardmanagement board, editors-in-chief, and other persons or bodies constituting decision-making authority of public service media providers shall be appointed through a transparent, open and non- discriminatory procedure and on the basis of transparent, objective, non- discriminatory and proportionate criteria, ensuring the qualification of persons filling those positions, laid down in advance byat national lawevel.
Amendment 531 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The duration of their term of office shall be established by national law, and be adequate and sufficient to ensure effective independence of the public media service provider. They may be dismissed before the end of their term of office only exceptionally where they no longer fulfil the legally predefined conditions required for the performance of their duties laid down in advance by national law or for specific reasons of illegal conduct or serious misconduct as defined in advance byat national lawevel.
Amendment 533 #
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) it is subject to the supervision of an independent national regulatory authority or body and/or to a self- or co- regulatory mechanism, of which name and contact details shall be stated. The provider of the very large online platform shall ask the respective supervising or monitoring entity to confirm the information given by the declarant. The declaration of a media service provider shall only be deemed valid if the supervising or monitoring entities exist and can confirm the declarant's adherence to the regulations and/or codes of practice.
Amendment 535 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. In order to prevent the misuse of the declaration system, a very large online platform may invalidate the declaration of a media service provider if the media service provider has repeatedly violated national or European law or if its content has been frequently suspended or restricted on the basis of a breach of the terms and conditions following the procedure referred to in paragraph 2 of this Article. The provider of a very large online platform or search engine shall inform the supervising or regulatory entity and the Board about the invalidation of the declaration.
Amendment 535 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate, sustainable and stable financial resources for the fulfilment of their public service mission. Those resources shall be to meet the objectives therein. Those resources and the processes by which they are allocated shall be transparent and such that editorial independence is safeguarded.
Amendment 538 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Without prejudice to any of their legal obligations, including Regulation (EU) 2022/2065, in particular the provisions foreseen in Articles 16 and 22 and corresponding recitals, where a provider of very large online platform decides to 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 immediately 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; where the content is provided by a media service provider subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, such as a recognised audiovisual media service provider, as defined in Article 1 Paragraph 1 (a) of the AVMS Directive (2018/1808), the provider of very large online platform shall grant the media service provider the opportunity to complain and engage in a meaningful and effective dialogue in good faith and with a view to finding an amicable solution before the suspension or restriction takes effect.
Amendment 538 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service mission. Those resourcesremit and to meet the objectives therein. Those resources and the process by which they are allocated shall be such that editorial independence is safeguarded.
Amendment 541 #
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 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. If the provider of a very large online platform subsequently decides to suspend or restrict content or services, it shall give detailed reasons in writing why it rejects the media service provider’s objections at the time the decision takes effect.
Amendment 543 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend or limit the provision of its online intermediation services in relation to content or services 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 justified and concrete reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect.
Amendment 547 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall put in place a mechanism or designate one or more independent authorities or bodies in order to monitor compliance with paragraphs 1 to 3.
Amendment 549 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Without prejudice to its obligations pursuant to Articles 24 and 35 of Regulation (EU) 2022/2065, where a provider of very large online platform decides to 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]2065, 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 of Regulation (EU) 2022/2065, prior to the suspension taking effect.
Amendment 549 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 552 #
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 no later than 48 hours after submission of the complaint. If the very large online platform fails to adhere to this time limit, it shall reinstate the content or service without undue delay.
Amendment 560 #
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 terminatwithin a reasonable timeframe avoiding 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 a certified out- of-court dispute settlement body in accordance with Article 21 of Regulation 2022/2065 without prejudice and in addition to its right to effective judicial protection.
Amendment 562 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) their legal name and contact(s), contact and registration details;
Amendment 570 #
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 services 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 587 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Right to identify the provider of a media service 1. Recipients of media services shall have a right to easily identify the media service provider on any device or user interface controlling or managing access to and use of media services. 2. Manufacturers of devices and providers of user interfaces controlling or managing access to and use of media services shall ensure that the identity of the media service provider bearing the editorial responsibility for the content or services is clearly visible alongside the content and services offered.
Amendment 596 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shall may 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 Commission shall be made publicly available.
Amendment 598 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concerned. The Board, upon request by a media service provider individually and directly affected by a measure or by the Commission, shall draw up an opinion on the measure.
Amendment 601 #
Proposal for a regulation
Article 21 – title
Article 21 – title
Assessment of media market concentrations significantly impacting media pluralism
Amendment 603 #
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 606 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure an assessment of media market concentrations that could have a significantly impact oning media pluralism and editorial independence. These rules shall:
Amendment 610 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 612 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
(da) take into account the media market in its entirety, including the online environment and very large online platforms.
Amendment 612 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 617 #
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, including its effects on the formation of public opiniona risk assessment, referred to in Article 12 (g), to identify, analyse and assess any systemic risks to media freedom and pluralism in the particular Member State, and its effects on media markets, outlets, and programmes 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;
Amendment 619 #
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, including a risk assessment to identify any systemic risks to media freedom and pluralism in the particular Member State, and 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;
Amendment 621 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 622 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 624 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, and taking into account national media laws and self-regulation;
Amendment 625 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, in line with national media laws and self-regulation;
Amendment 630 #
Proposal for a regulation
Article 6 – paragraph 2 c (new)
Article 6 – paragraph 2 c (new)
2c. Member States shall entrust a relevant national regulatory authority or body with developing and maintaining a dedicated online media ownership database and monitor the adherence of media service providers to obligations from paragraph 1. Such the national regulatory authority or body may request additional information from media service providers to assess the accuracy of the information.
Amendment 631 #
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) whether, in the absence of the concentration, the acquiring and acquired entity would remain economically sustainable, and whether there are any possible alternatives to ensure its economic sustainability concentration would stimulate investments.
Amendment 632 #
Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)
Article 21 – paragraph 2 – point c a (new)
(ca) the influence on the media market concentration as a whole, including a focus on the role and scope of mandate and actual services of public service media providers in the Member State and services of providers of very large online platforms.
Amendment 633 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 636 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 639 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shallmay consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentration significantly impacting media pluralism, where such concentrations may affect the functioning of the internal market.
Amendment 643 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, on its own initiative or upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2) and its risk assessment concerning systemic risks to media freedom and media pluralism in the particular Member State. The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 644 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2), including its own risk assessment concerning systemic risks to media freedom and media pluralism in the particular Member State. The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 647 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Member states shall ensure that national regulatory authorities or bodies responsible for the application of this Regulation shall be independent and guarantee their full organisational and functional autonomy.
Amendment 651 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. Undertakings that draw revenues from advertising on the media market must delegate the measurement of audiences to independent third parties to ensure neutrality for advertising related transactions. The aggregate audience reports produced by independent third parties shall be made available upon request to relevant market operators and public authorities subject to appropriate compensation and in accordance with competition rules.
Amendment 654 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the national regulatory authorities or bodies have adequate financial, human and technical resources and expertise to carry out their tasks under this Regulation. Allocation of such resources by the Member States shall be adequate and increased proportionally to the additional tasks conferred upon them under this Regulation.
Amendment 655 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 662 #
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 by providers of audience measurement systems, including very large online platforms, 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 audits.
Amendment 663 #
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 by providers of audience measurement systems, including online platforms, 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 audits.
Amendment 670 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Allocation of state advertisfunding
Amendment 672 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granted by public authorities to media service providers and providers of online platforms, including for the purposes of advertising, shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 675 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granted by public authorities to media service providers and online platforms for the purposes of advertising shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 677 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including 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 local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers, which shall include at least the following details:
Amendment 680 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including 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 local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditures allocated to media service providers and providers of online platforms, which shall include at least the following details:
Amendment 683 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) the legal names of media service providers from which advertising services were purchased;
Amendment 685 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider or providers of online platforms..
Amendment 686 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. In addition to the Board, an advisory body consisting of representatives from the media sector shall be established. The advisory body shall advise the Board on issues related to media pluralism and media and press freedom. The advisory body shall consist of one representative of the media sector per Member State. In Member States where self-regulatory media or press councils exist, the media sector representative shall be appointed by the associations of journalists, editors, and civil society organisations that appoint, or nominate in the case of co-regulation, the member of the advisory board. In Member States where no self-regulatory media or press council exists, the media sector representative shall be appointed by a consortium of journalists, editors, and civil society associations established for this purpose.
Amendment 692 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the allocation of state advertisfunding in media markets and to providers of online platforms. In order to assess the accuracy of the information on state advertisfunding made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 693 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall 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 deliverables.
Amendment 697 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The allocation of state resources to media service providers and providers of online platforms for the purpose of purchasing goods or services from them other than state advertising shall be subject to the requirements set out in paragraph 1. This Article shall not affect the application of the State aid rules.
Amendment 699 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Allocation of public funding from third countries Any media service provider or online platform which receives public funds or any other consideration or advantage for the purposes of advertising from third- countries shall annually submit a report to the national regulatory authority or body which shall include at least the following details: (a) the legal names of the entities granting public funds or other consideration or advantage; (b) the total annual amount of the public funds granted by each such entity; (c) a description and estimated value of each public funding or any other consideration or advantage. The information reported according to this paragraph shall be made publicly available.
Amendment 699 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission and the European Parliament informed about the ongoing and planned activities of the Board. The Board shall consult the Commission in preparation of its work programme and main deliverables.
Amendment 702 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. The Board shall have its own Advisory Group consisting of media policy experts and representatives from self- regulatory bodies such as press or media councils, journalistic associations, civil society or representatives from media service providers.
Amendment 705 #
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 and the Advisory Group may invite experts established in the Member States to attend its meetings and contribute to the tasks of the Board.
Amendment 715 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement w may invithe the Commission, may invite experts and observers to attend its meetings.
Amendment 722 #
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 Commissconsultation with the Commission. The Board shall inform the European Parliament of the rules of procedures it adopts or any substantial changes it makes to it. Its rules of procedures shall include mechanisms to temporarily suspend the voting rights of members by a two-thirds majority of its members, should the independence of national regulator or body be in question.
Amendment 727 #
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 736 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided byindependent of the Commission and Member States.
Amendment 741 #
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 Commission.
Amendment 746 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The Secretariat of the Board shall, in addition to its obligations to the Board, assist the advisory body, representing the media sector, in their work.
Amendment 749 #
Proposal for a regulation
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1b. The Advisory Group shall be appointed in a transparent, objective, and non-discriminatory procedure.
Amendment 758 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article11a Advisory Group of the Board
Amendment 759 #
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Article11b The European Advisory Group to the Board for Media Services is established.
Amendment 760 #
Proposal for a regulation
Article 11 c (new)
Article 11 c (new)
Article11c The Advisory Group shall be a body consisting of representatives of media sector, such as experts on media policy and media regulatory matters, and representatives of media sector from self- regulatory bodies such as journalistic associations, media or press councils, non-governmental organisations and civil society.
Amendment 761 #
Proposal for a regulation
Article 11 d (new)
Article 11 d (new)
Article11d The Advisory Group shall provide independent expertise and draw up recommendations to the Board that should be taken into account in their work programme, as well as provide assistance and advice to the Board in carrying out its tasks.
Amendment 762 #
Proposal for a regulation
Article 11 e (new)
Article 11 e (new)
Article11e The Advisory Group may draft a recommendation, on its own initiative or upon request by the Board, Commission, or European Parliament, to the Board regarding the effective and consistent application of this Regulation relating to media pluralism, editorial independence and media freedom. It shall make such recommendations publicly available.
Amendment 780 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to 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;The Board shall, taking into account the urgency of the matter, advice or draw up opinions to the Commission.
Amendment 802 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) at its own initiative, or upon request of the Commission or the European Parliament or, where applicable, any party with a legitimate interest, following the advice of the Advisory Group, draw up opinions with respect to:
Amendment 807 #
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 824 #
Proposal for a regulation
Article 12 – paragraph 1 – point g – point i (new)
Article 12 – paragraph 1 – point g – point i (new)
i) (i) The board shall base its opinions and decisions, referred to in Article 12, on a risk assessment, which carefully identify, analyse and assess any systemic risks to media freedom and pluralism in the particular Member State. Such assessment shall be specific and proportionate, taking into consideration the Commission’s Rule of Law report as well as external assessments of the media freedom and pluralism in Member States, such as World Press Freedom Index.
Amendment 825 #
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(ga) draw up guidelines, with assistance from the Advisory Group and in consultation with the Commission, on factors to be taken into account when applying the criteria for assessing the impact of media market concentrations, in accordance with Article 21(3) of this Regulation;
Amendment 829 #
Proposal for a regulation
Article 12 – paragraph 1 – point g b (new)
Article 12 – paragraph 1 – point g b (new)
(gb) draw up criteria, with the assistance of Advisory Group, for assessment upon which to designate trustworthy media service providers in accordance with rules laid down in Delegated Act, and assess adherence of media service providers to those criteria and designate them, in accordance with Article 17 (5 new);
Amendment 839 #
Proposal for a regulation
Article 12 – paragraph 1 – point l
Article 12 – paragraph 1 – point l
(l) organise a structured dialogue between providers of very large online platforms, representatives of media service providers and of civil society, and report on its results to the Commission and the European Parliament, in accordance with Article 18 of this Regulation;
Amendment 859 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The advisory body shall support the Board and advice it on issues relating to media pluralism and media and press freedoom. The Board shall be obligated to request opinions and advice from the advisory body before issuing its own opinions or recommendations on issues relating to media pluralism and media freedom. The opinions and advice from the advisory body shall be reflected in the final opinions and guidelines issued by the Board. The Board, upon request by the advisory body, shall draw up opinions on the national measures and decisions, which risks affecting the media pluralism or media freedom.
Amendment 861 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
When drawing up its opinions as envisaged in paragraph 1, the Board may seek advice from the Advisory Group. The Board shall consult the Advisory Group when opinions relate to the press sector.
Amendment 889 #
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 905 #
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 915 #
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 closerelevant, and in 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 923 #
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, as well as their subsidiaries, sister and parent companies.
Amendment 951 #
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. National regulatory authorities or bodies of a country of destination may request the Board to issue an opinion advising the competent national authorities to take appropriate measures against the media service provider established or originating from outside the Union. The Board shall issue guidelines on the format of such requests. When the request is formulated by a minimum number of Board members, defined in the Board’s rules of procedure, the Board shall be automatically triggered to issue an opinion. The Board may consult the Commission in issuing such opinions, where deemed appropriate. 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 955 #
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 961 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Member States shall ensure that when relevant, national regulatory authorities or bodies when deciding to take action against a media service provider originating from outside of the Union, have a legal basis to take into account at least one of the following conditions:
Amendment 964 #
Proposal for a regulation
Article 16 – paragraph 2 b (new)
Article 16 – paragraph 2 b (new)
2b. (i) a decision taken against that provider by a national regulatory authority or body from another Member State;
Amendment 965 #
Proposal for a regulation
Article 16 – paragraph 2 c (new)
Article 16 – paragraph 2 c (new)
2c. (ii) an opinion of the Board relating to that provider and taken on the grounds of this article.
Amendment 966 #
Proposal for a regulation
Article 16 – paragraph 2 d (new)
Article 16 – paragraph 2 d (new)
Amendment 1001 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Without prejudice to any of their legal obligations, including Regulation (EU) 2022/2065 [Digital Services Act], in particular the provisions foreseen in Articles 16 and 22 and corresponding recitals, where a provider of very large online platform decides to suspend or limit; where a provider of very large online platform decides to 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 immediately 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; where the content is provided by a media service provider subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, such as a recognised audiovisual media service provider, as defined in Article 1 Paragraph 1 (a) of the AVMS Directive (2018/1808), the provider of very large online platform shall grant the media service provider the opportunity to complain and engage in a meaningful and effective dialogue in good faith and with a view to finding an amicable solution before the suspension or restriction takes effect.
Amendment 1007 #
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 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. If the provider of a very large online platform subsequently decides to suspend or restrict content or services, it shall give detailed reasons in writing why it rejects the media service provider’s objections at the time the decision takes effect.
Amendment 1012 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend or limit the provision of its online intermediation services in relation to content or services 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 justified and concrete reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect.
Amendment 1021 #
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 no later than 48 hours after submission of the complaint. If the very large online platform fails to adhere to this time limit, it shall reinstate the content or service without undue delay.
Amendment 1029 #
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 terminatwithin a reasonable timeframe avoiding 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 a certified out- of-court dispute settlement body in accordance with Article 21 of Regulation 2022/2065 without prejudice and in addition to its right to effective judicial protection.
Amendment 1045 #
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 services 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 1053 #
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
Amendment 1054 #
Proposal for a regulation
Article 17 – paragraph 5 b (new)
Article 17 – paragraph 5 b (new)
5b. media service provider within the meaning of Article 2(2);
Amendment 1055 #
Proposal for a regulation
Article 17 – paragraph 5 c (new)
Article 17 – paragraph 5 c (new)
5c. editorially independent from Member States, political parties and third countries;
Amendment 1056 #
Proposal for a regulation
Article 17 – paragraph 5 d (new)
Article 17 – paragraph 5 d (new)
5d. subjected to the supervision of an independent regulatory authority or body for the exercise of editorial responsibility in one or more Member States, and/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;
Amendment 1057 #
Proposal for a regulation
Article 17 – paragraph 5 e (new)
Article 17 – paragraph 5 e (new)
5e. adhering to ethical and professional standards of journalism;
Amendment 1058 #
Proposal for a regulation
Article 17 – paragraph 5 f (new)
Article 17 – paragraph 5 f (new)
5f. it does not provide content generated by an artificial intelligence system as defined by Article 3(1) of Regulation (EU) 2023/XXX [AI Act] without human overview and editorial control over such content;
Amendment 1059 #
Proposal for a regulation
Article 17 – paragraph 5 g (new)
Article 17 – paragraph 5 g (new)
5g. included in one or more publicly available registries, databases or lists published by an entity which can confirm the adherence of designated media service providers to the regulations and/or codes of practices or any other self or co- regulatory bodies.
Amendment 1079 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogue to the Commission and the European Parliament.
Amendment 1101 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article19a Right to identify the provider of a media service 1. Recipients of media services shall have a right to easily identify the media service provider on any device or user interface controlling or managing access to and use of media services. 2. Manufacturers of devices and providers of user interfaces controlling or managing access to and use of media services shall ensure that the identity of the media service provider bearing the editorial responsibility for the content or services is clearly visible alongside the content and services offered.
Amendment 1108 #
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 be duly and objectively justified and proportionate. SAny such measures shall not unjustifiably infringe on the right of media service providers to provide service and minimise disruptions in their operations, and shall be reasoned, transparent, objective and non- discriminatory.
Amendment 1110 #
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the, including, but not limited to, the implementation of Directive 2010/13/EU 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 proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory.
Amendment 1117 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Any national procedure used for the purposes of the preparation or the adoption of a regulatory or administrative measure as referred to in paragraph 1 shall be subject to clear timeframes set out in advance to provide sufficient time to reflect on such measures and their consequences, and allow media service providers directly affected to provide feedback on such measures.
Amendment 1118 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Member States may seek assistance from and rely on the expertise of the Advisory Group in preparation of the legislative, regulatory or administrative measures referred to in paragraph 1 of this Article.
Amendment 1130 #
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 Commission shall be made publicly available.
Amendment 1137 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 1151 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) require the parties to a media market concentration that could have a significantn impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;
Amendment 1155 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point c
Article 21 – paragraph 1 – subparagraph 1 – point c
(c) designate theone or several national regulatory authorityies or bodyies as responsible for the assessment of the impact of a notifiable concentrationmedia market concentration and its impact on media pluralism and editorial independence or ensure the involvement of the national regulatory authority or body in such assessment;
Amendment 1158 #
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, inclusive and proportionate criteria for notifying such media market concentrations that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media market concentrationsand for assessing the impact on media pluralism and editorial independence.
Amendment 1163 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
The assessment referred to in this paragraph shall be distinct from the competition law assessments including those provided for under merger control rules. It shall entail consultation in a structured dialogue organised by the Advisory Group with civil society, relevant stakeholders, such as media experts and journalistic associations, as well as other self-regulatory media bodies or non- governmental organisations. The Advisory Group shall report on the results of a consultation in structured dialogue and on the conformity of procedural rules applied with this Regulation. It shall be without prejudice to Article 21(4) of Regulation (EC) No 139/2004, where applicable.
Amendment 1165 #
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, including its effects on the formation of public opiniona risk assessment, referred to in Article 12 (g), to identify, analyze and assess any systemic risks to media freedom and pluralism in the particular Member State, and its effects on media markets, outlets, and programmes 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;
Amendment 1170 #
(aa) adherence by media service providers to ethical and professional standards, including co-regulatory or self- regulatory mechanisms governing editorial standards;
Amendment 1173 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, and taking into account national media laws and self-regulation;
Amendment 1180 #
Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)
Article 21 – paragraph 2 – point c a (new)
(ca) (d) the influence on the media market concentration as a whole, including a focus on the role and scope of mandate and actual services of public service media providers in the Member State and services of providers of very large online platforms.
Amendment 1182 #
Proposal for a regulation
Article 21 – paragraph 2 – point c b (new)
Article 21 – paragraph 2 – point c b (new)
(cb) the results of the risk assessment made by the annual Commission Rule of Law Report and Media Pluralism Monitor to identify, analyse and assess any systemic risks to media freedom and media pluralism in a particular Member State.
Amendment 1189 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shall consult the Board in advance on any opiniondraft assessment or decision it aims to adopt assessconcerning the impact of market concentration on media pluralism and editorial independence, including of a notifiable media market concentration where such concentrations may affect or are affecting the functioning of the internal market.
Amendment 1203 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2), including its own risk assessment concerning systemic risks to media freedom and media pluralism in the particular Member State. The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 1204 #
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, at its own initiative or upon request of the Commission or the European Parliament, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2)assessment of national regulatory authority or body or decisions related to it referred to in Article 21. The Board shall base its opinion on the elements set out in Article 21(2), in consultation with the Advisory Group and take into account the risk assessment made by the annual Commission Rule of Law Report. The Board mayshall bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 1213 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. The Board may draw up an opinion on the impact of market concentration on media pluralism and editorial independence brought to its attention by the Advisory Group.
Amendment 1233 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ business secrets and intellectual property rights, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers, rightsholders, national regulatory authorities or bodies, 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 1247 #
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 by providers of audience measurement systems, including very large online platforms, 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 audits.
Amendment 1248 #
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 by providers of audience measurement systeProviders of audience measurement systems, including providers of online platforms, together with media service providers, their representative organisations and any other interested parties shall draw up codes of conduct, with the support of national regulatory authorities or bodies, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
Amendment 1263 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Allocation of state advertisfunding
Amendment 1265 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granted by public authorities to media service providers and providers of online platforms, including for the purposes of advertising, shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 1282 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including 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 local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditures allocated to media service providers and providers of online platforms, which shall include at least the following details:
Amendment 1286 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) the legal names of media service providers from which advertising services were purchased;
Amendment 1287 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider. or providers of online platforms;
Amendment 1288 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider or providers of online platforms.
Amendment 1299 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the allocation of state advertisfunding in media markets and to providers of online platforms. In order to assess the accuracy of the information on state advertisfunding made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 1313 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The allocation of state resources to media service providers and providers of online platforms for the purpose of purchasing goods or services from them other than state advertising shall be subject to the requirements set out in paragraph 1. This Article shall not affect the application of the State aid rules.