Next event: Text adopted by Parliament, 1st reading/single reading 2024/02/27 more...
- Decision by Parliament, 1st reading 2024/02/27
- Debate in Parliament 2024/02/26
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2024/01/24
- Coreper letter confirming interinstitutional agreement 2023/12/20
- Text agreed during interinstitutional negotiations 2023/12/20
Progress: Awaiting Council's 1st reading position
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | GOZI Sandro ( Renew) | ARIAS ECHEVERRÍA Pablo ( EPP), LEITÃO-MARQUES Maria-Manuel ( S&D), GEESE Alexandra ( Verts/ALE), JORON Virginie ( ID), BIELAN Adam ( ECR), KOULOGLOU Stelios ( GUE/NGL) |
Committee Opinion | CULT | VERHEYEN Sabine ( EPP) | Niyazi KIZILYÜREK ( GUE/NGL), Marcel KOLAJA ( Verts/ALE), Lucia ĎURIŠ NICHOLSONOVÁ ( RE), Andrey SLABAKOV ( ECR), Predrag Fred MATIĆ ( S&D) |
Committee Opinion | JURI | NIEBLER Angelika ( EPP) | Angel DZHAMBAZKI ( ECR), Ibán GARCÍA DEL BLANCO ( S&D), Alessandra BASSO ( ID) |
Committee Opinion | LIBE | DONÁTH Anna Júlia ( Renew) | Paul TANG ( S&D), Tom VANDENKENDELAERE ( PPE), Clare DALY ( GUE/NGL), Beata KEMPA ( ECR), Tom VANDENDRIESSCHE ( ID), Patrick BREYER ( Verts/ALE) |
Committee Opinion | AFCO | FREUND Daniel ( Verts/ALE) | Victor NEGRESCU ( S&D), Jacek SARYUSZ-WOLSKI ( ECR), Nathalie COLIN-OESTERLÉ ( PPE), Alin MITUȚA ( RE) |
Lead committee dossier:
Legal Basis:
RoP 57, TFEU 016-p2, TFEU 114
Legal Basis:
RoP 57, TFEU 016-p2, TFEU 114Subjects
Events
The European Parliament adopted by 433 votes to 61, with 110 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising.
The matter was referred back to the committee responsible for inter-institutional negotiations.
The main amendments adopted in plenary concern the following points:
Subject matter, scope and definitions
Members propose to clarify that the regulation lays down harmonised rules on:
- obligations concerning the provision of political advertising services, transparency and due diligence for sponsors and providers of political advertising services that require them to provide, collect, retain, disclose and publish information connected to the provision in the internal market of such services;
- the use of targeting and ad delivery techniques in connection with the preparation, placement, promotion, publication, delivery or dissemination of political advertising, in the context of the provision of political advertising services, that involves the processing of personal data;
- the supervision and enforcement of this Regulation, including as regards the cooperation and coordination between the competent authorities.
It is clarified that political views and opinions and other editorial content expressed under the editorial responsibility of a media service provider should not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication, delivery or dissemination by third parties.
Furthermore, the Regulation should protect fundamental rights and freedoms as enshrined in Union and national law, including the Charter of Fundamental Rights, and should not affect the content of political advertising or national provisions governing election periods and political campaigns.
Provision of political advertising services in the Union
Providers of political advertising services should not discriminate against sponsors on grounds of their place of residence or, where applicable, establishment, when those sponsors request, conclude or hold a contract for political advertising services. By way of exception, political advertising services should be provided only to a sponsor or a service provider acting on behalf of a sponsor who is a citizen of the Union, or a natural or legal person residing or established in the Union .
Identification of a political advertisement
In order to determine whether a message constitutes a political advertisement, Members suggest that all its features should be taken into account, in particular the content and purpose of the message, its sponsor, the spoken or written language used to convey the message, as well as the context in which the message is conveyed and how it is transmitted. The Commission should develop common guidance to contribute to the correct application of those criteria.
Transparency and due diligence obligations for political advertising services
Members suggested the following clarifications:
- all service providers should ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions of this Regulation are complied with;
- the statement made by advertising services acting on behalf of sponsors whether the advertising service constitutes a political advertising service should be made in a good faith, should contain accurate information, and should be provided in timely, complete and accurate manner. In case of manifestly erroneous declarations, the providers of advertising services should request corrections.
- political advertising publishers that are also Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) should diligently identify, analyse and assess any systemic risks that their political advertising services pose in the context of their risk assessments and put in place reasonable, proportionate and effective mitigation measures;
- strengthening the provisions on record-keeping and transmission of information to the political advertising publisher to ensure that providers of political advertising services retain information they collect in the provision of their services and communicate it to the political advertising publisher in a timely and accurate manner;
- labelling requirements that allow people to easily identify political advertising as such, as well as the definition by the Commission of standardised and effective techniques for the labelling of political advertising;
- details of the information to be provided in the transparency notice and the responsibility of providers of political advertising services, including publishers with regards to accuracy and completeness of information; transparency notices should be presented in an easily accessible form;
- the establishment of an EU library for hosting political advertisements ensuring the hosting of a database containing each online political advertisement;
- the adoption by the Commission to adopt common standards to establish common data structure and standards, and a common application programming interface;
- details of the procedures for natural and legal persons to easily flag up possibly unlawful political advertisements.
Targeting and delivery of political advertising
Targeting and ad delivery techniques that involve the processing of special categories of personal data in the context of political advertising would be prohibited. Targeting techniques involving the processing of personal data would be limited to personal data explicitly provided by the data subject with his or her consent . The data controller should inform when requesting consent from the data subject that his or her provided personal data may be processed solely for the purpose of presenting political advertising to the data subject.
The amendments aim to ensure that publishers of political advertising include in the transparency notice all the information necessary to enable the data subject to understand the logic involved and the main parameters of the technique used, such as the objectives, mechanisms and logic of targeting, including inclusion and exclusion parameters, and the reasons for choosing these parameters.
In addition, the transparency notice should visibly refer to an easily accessible interface where users can withdraw their consent or modify the personal data they have provided.
Supervision, enforcement and sanctions
Parliament called for enhanced cooperation at EU level between national competent authorities, while preserving national competences in this area. Each Member State should designate a competent authority as a national contact point at EU level for all aspects of the Regulation. The national contact points would ensure effective cooperation between national competent authorities and with other national contact points and authorities at Union level.
Within the framework of the European Cooperation Network on Elections, a permanent Network of National Contact Points should be established which should serve as a platform for regular exchange of information and structured cooperation between national contact points and the Commission on all aspects of this Regulation.
As for the provisions requiring Member States to determine the system of penalties for breaches of the Regulation, Parliament suggested that Member States should also have the possibility of imposing periodic penalty payments for serious and repeated breaches.
Lastly, any person, or entity should have the right to lodge a complaint with the competent authority that is the national contact point of the Member State where that entity or person is located or established against sponsors and providers of political advertising services, alleging an infringement of this Regulation.
The Committee on the Internal Market and Consumer Protection adopted the report by Sandro GOZI (Renew, FR) on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure amend the proposal as follows:
Subject matter, scope and definitions
Members propose to clarify that the regulation establishes harmonised rules on obligations concerning the provision of political advertising services, and on transparency and due diligence for sponsors and providers of political advertising services that require them to provide, collect,
retain, disclose and publish information connected to the provision in the internal market of such services.
Furthermore, the Regulation should protect fundamental rights and freedoms as enshrined in Union and national law, including the Charter of Fundamental Rights, and should not affect the content of political advertising or national provisions governing election periods and political campaigns.
Moreover, political opinions expressed under the editorial responsibility of a service provider should not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication, delivery or dissemination by third parties.
The report also recommends clarifying several definitions , including 'political advertising', 'political actor' and ‘political advertising publisher', 'targeting and amplification techniques', and proposes a new definition of 'political advertising service providers' in order to promote a better understanding of the system.
Provision of political advertising services in the Union
Providers of political advertising services should not discriminate against sponsors on grounds of their place of residence or, where applicable, establishment, when those sponsors request, conclude or hold a contract for political advertising services. By way of exception, political advertising services should be provided only to a sponsor or a service provider acting on behalf of a sponsor who is a citizen of the Union, or a natural or legal person residing or established in the Union .
Identification of a political advertisement
Members believe that it is essential to clearly establish the criteria for determining whether an advertisement is political in nature or not. Such criteria should include the content and purpose of the message, its sponsor, the spoken or written language used to convey the message, as well as the context in which the message is conveyed and how it is transmitted. The Commission should develop common guidance to contribute to the correct application of those criteria.
Transparency and due diligence obligations for political advertising services
The report suggested the following clarifications:
- all service providers should ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions of this Regulation are complied with;
- the statement made by advertising services acting on behalf of sponsors whether the advertising service constitutes a political advertising service should be made in a good faith, should contain accurate information , and should be provided in timely, complete and accurate manner. In case of manifestly erroneous declarations, the providers of advertising services should request corrections. Additional risk management obligations should apply to service providers who are very large online platforms in the meaning of the Digital Services Act;
- strengthening the provisions on record-keeping and transmission of information to the political advertising publisher so as to ensure that providers of political advertising services retain information they collect in the provision of their services and communicate it to the political advertising publisher in a timely and accurate manner;
- the definition by the Commission of common standards to establish harmonised, efficient and prominent labels for political advertisements;
- details of the information to be provided in the transparency notice and the responsibility of providers of political advertising services, including publishers with regards to accuracy and completeness of information;
- the establishment of an EU library for hosting political advertisements ensuring the hosting of a database containing each online political advertisement;
- the adoption by the Commission to adopt common standards to establish common data structure and standards, and a common application programming interface;
- details of the procedures for natural and legal persons to easily flag up possibly unlawful political advertisements.
Targeting and delivery of political advertising
Targeting and ad delivery techniques that involve the processing of special categories of personal data in the context of political advertising would be prohibited. Targeting techniques involving the processing of personal data would be limited to personal data explicitly provided by the data subject with his or her consent .
The amendments aim to ensure that publishers of political advertising include in the transparency notice all the information necessary to enable the data subject to understand the logic involved and the main parameters of the technique used. In addition, the transparency notice should visibly link to an easily accessible interface in which users can withdraw their consent or modify the personal data they provided for the sole purpose of online political advertising.
Monitoring, enforcement and sanctions
The Commission should keep publicly available registers of legal representatives registered at national level under this Regulation. Service providers should give their legal representative the necessary powers and sufficient resources to ensure effective and timely cooperation with the Member States’ competent authorities and, where relevant, with the Commission, and to ensure the compliance with their decisions.
Competent authorities, when exercising their supervisory tasks in relation to the Regulation, would be empowered to: (i) request access to data, documents, or any necessary information from the providers of political advertising services; (ii) order an end to infringements and, where appropriate, impose remedies that are proportionate to the infringement and necessary to bring it effectively to an end; (iii) impose administrative fines and financial penalties, including periodic penalty payments; (iv) carry out order inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession.
PURPOSE : to lay down harmonised rules for a high level of transparency of political advertising and related services.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: political advertising is a tool in campaigning to convey political messages to voters. It aims to influence people’s views on political subjects and their voting decisions, and is often specifically regulated nationally, with a specific focus on transparency.
The traditional media for political ads used to be newspapers, posters, radio and television. However, these have increasingly been displaced by the digital sphere. The cross-border nature of online political advertising has challenged the relevance of national rules, which typically included restrictions to ensure democratic accountability and fairer processes and economic operators face difficulties to determine and adapt to applicable rules, limiting their ability to offer advertising services.
Several Member States have legislated or intend to legislate in the area of transparency in political advertising. As these rules diverge in scope, content and effect, new ad hoc national rules would only increase the fragmentation of the essential transparency elements.
This proposal also complements the proposed amendment to Regulation (EU) 1141/2014 on the statute and financing of European political parties and foundations.
CONTENT: the proposal addresses the fragmentation of the existing Regulatory framework in this area and seeks to promote high European standards of transparency in political campaigning and free and fair elections in the EU level, strengthen the resilience of democratic processes in the EU and combat disinformation, information manipulation and interference in elections.
The proposed Regulation lays down:
- harmonised transparency obligations for providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services;
- harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the use of personal data.
The main measures set out in the proposed Regulation on transparency and targeting of political adverts include:
Scope
Political advertisements will cover ads by, for or on behalf of a political actor as well as so called issue-based ads which are liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Transparency obligations for paid political advertising
The proposal establishes measures applicable to all providers of political advertising services involved in the preparation, placement, promotion, publication or dissemination of political advertising. In particular, it provides for measures concerning (i) the transparency of political advertising, (ii) the obligation to identify political advertisements and (iii) the obligation to keep records and provide information to advertising publishers.
Advertising publishers would be required to:
- include a clear statement to the effect that it is of a political nature, indicate the name of the sponsor, and make available information to understand the wider context of political advertising and its aims;
- publish annually information on the amounts or value of other benefits received in part or full exchange for services they have provided in connection with political advertisements;
- establish user-friendly mechanisms for citizens to notify them of advertisements that do not comply with the obligations set out in the Regulation.
Political targeting and amplification
The proposal lays down strict conditions on the use of targeting or amplification techniques involving the processing of personal data for political advertising purposes. When sensitive data are at stake, a prohibition applies accompanied by specific exemptions. Further, controllers making use of these techniques for political advertising purposes shall adopt and implement an internal policy, keep records, and provide information to allow individuals to understand the logic involved and main parameters of the targeting used, and the involvement of third-party data and additional analytical techniques.
Supervision and enforcement
The proposal lays down an obligation for providers of political advertising services not established in the Union to appoint a legal representative in one of the Member States where they provide their services. It also lays down which authorities are entrusted with the supervision and enforcement of specific the measures.
Fines
Member States will be required to introduce effective, proportionate and dissuasive fines when the rules on transparency of political advertising are breached.
Documents
- Text adopted by Parliament, 1st reading/single reading: T9-0090/2024
- Decision by Parliament, 1st reading: T9-0090/2024
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE758.111
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000267
- Text agreed during interinstitutional negotiations: PE758.111
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0027/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0009/2023
- Committee opinion: PE734.324
- Committee opinion: PE735.590
- Committee opinion: PE735.573
- Committee opinion: PE719.609
- Amendments tabled in committee: PE736.500
- Amendments tabled in committee: PE736.517
- Committee draft report: PE732.754
- Economic and Social Committee: opinion, report: CES6449/2021
- Document attached to the procedure: OJ C 145 01.04.2022, p. 0012
- Document attached to the procedure: N9-0014/2022
- Document attached to the procedure: SEC(2021)0575
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0355
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0356
- Legislative proposal published: COM(2021)0731
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2021)0575
- Document attached to the procedure: EUR-Lex SWD(2021)0355
- Document attached to the procedure: EUR-Lex SWD(2021)0356
- Document attached to the procedure: OJ C 145 01.04.2022, p. 0012 N9-0014/2022
- Economic and Social Committee: opinion, report: CES6449/2021
- Committee draft report: PE732.754
- Amendments tabled in committee: PE736.500
- Amendments tabled in committee: PE736.517
- Committee opinion: PE719.609
- Committee opinion: PE735.573
- Committee opinion: PE735.590
- Committee opinion: PE734.324
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000267
- Text agreed during interinstitutional negotiations: PE758.111
- Text adopted by Parliament, 1st reading/single reading: T9-0090/2024
Activities
- Sandro GOZI
Plenary Speeches (3)
- Katarina BARLEY
Plenary Speeches (2)
- Andrus ANSIP
Plenary Speeches (1)
- Pablo ARIAS ECHEVERRÍA
Plenary Speeches (1)
- Adam BIELAN
Plenary Speeches (1)
- Angel DZHAMBAZKI
Plenary Speeches (1)
- Carlo FIDANZA
Plenary Speeches (1)
- Krzysztof HETMAN
Plenary Speeches (1)
- Seán KELLY
Plenary Speeches (1)
- Stelios KOULOGLOU
Plenary Speeches (1)
- Victor NEGRESCU
Plenary Speeches (1)
- Angelika NIEBLER
Plenary Speeches (1)
- Stanislav POLČÁK
Plenary Speeches (1)
- Michaela ŠOJDROVÁ
Plenary Speeches (1)
- Ivan ŠTEFANEC
Plenary Speeches (1)
- Paul TANG
Plenary Speeches (1)
- Róża THUN UND HOHENSTEIN
Plenary Speeches (1)
- Tom VANDENKENDELAERE
Plenary Speeches (1)
- Sabine VERHEYEN
Plenary Speeches (1)
- Tiemo WÖLKEN
Plenary Speeches (1)
- Clare DALY
Plenary Speeches (1)
- Katalin CSEH
Plenary Speeches (1)
- Alexandra GEESE
Plenary Speeches (1)
- Beata KEMPA
Plenary Speeches (1)
- Dragoş TUDORACHE
Plenary Speeches (1)
- Mick WALLACE
Plenary Speeches (1)
- Edina TÓTH
Plenary Speeches (1)
- Daniel FREUND
Plenary Speeches (1)
- Virginie JORON
Plenary Speeches (1)
- Vlad-Marius BOTOŞ
Plenary Speeches (1)
- Eugen TOMAC
Plenary Speeches (1)
- Patrick BREYER
Plenary Speeches (1)
- Maria-Manuel LEITÃO-MARQUES
Plenary Speeches (1)
- Dan-Ştefan MOTREANU
Plenary Speeches (1)
- Sunčana GLAVAK
Plenary Speeches (1)
- Bart GROOTHUIS
Plenary Speeches (1)
- Romana JERKOVIĆ
Plenary Speeches (1)
- Matjaž NEMEC
Plenary Speeches (1)
- Maria GRAPINI
Plenary Speeches (0)
- Othmar KARAS
Plenary Speeches (0)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (0)
- Andreas SCHWAB
Plenary Speeches (0)
- Marc TARABELLA
Plenary Speeches (0)
- Roberts ZĪLE
Plenary Speeches (0)
- Anna Júlia DONÁTH
Plenary Speeches (0)
- Martin HOJSÍK
Plenary Speeches (0)
- Markus BUCHHEIT
Plenary Speeches (0)
- Beata MAZUREK
Plenary Speeches (0)
- Witold PAHL
Plenary Speeches (0)
Votes
Transparence et ciblage de la publicité à caractère politique - Transparency and targeting of political advertising - Die Transparenz und das Targeting politischer Werbung - A9-0009/2023 - Sandro Gozi - Article 2, alinéa 1, point 2, sous-point b - Am 278 #
A9-0009/2023 - Sandro Gozi - Article 5, après le § 1 - Am 279 #
A9-0009/2023 - Sandro Gozi - Après l'article 5 bis - Am 145/2 #
A9-0009/2023 - Sandro Gozi - Article 9, après le § 3 - Am 281 #
A9-0009/2023 - Sandro Gozi - Article 16, après le § 7 - Am 258 #
A9-0009/2023 - Sandro Gozi - Considérant 4 - Am 3/1 #
A9-0009/2023 - Sandro Gozi - Considérant 4 - Am 3/2 #
A9-0009/2023 - Sandro Gozi - Après le considérant 14 - Am 16/1 #
A9-0009/2023 - Sandro Gozi - Après le considérant 14 - Am 16/2 #
A9-0009/2023 - Sandro Gozi - Proposition de la Commission #
Amendments | Dossier |
1473 |
2021/0381(COD)
2022/07/20
LIBE
326 amendments...
Amendment 100 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used by sponsors, political advertising publishers or providers of advertising services either to address
Amendment 101 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or a
Amendment 102 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification
Amendment 103 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement, which may also be transmitted by accessing personal data - mobile phone or land-line number, email addresses - without the consent of the persons being targeted. Given the power and the potential for the misuse of this personal data
Amendment 104 #
Proposal for a regulation Recital 5 (5) In the context of political advertising,
Amendment 105 #
Proposal for a regulation Recital 6 (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms.
Amendment 106 #
Proposal for a regulation Recital 7 (7) To provide enhanced transparency of political advertising including to address citizens' concerns, some Member States have already explored or are considering additional measures to address the transparency of political advertising and to support a fair political debate and free and fair elections or referendums. These national measures are in particular considered for advertising published and disseminated online and may include further prohibitions. These
Amendment 107 #
Proposal for a regulation Recital 8 (8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing, promoting or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers.
Amendment 108 #
Proposal for a regulation Recital 9 (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross- border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political
Amendment 109 #
Proposal for a regulation Recital 10 Amendment 110 #
Proposal for a regulation Recital 10 (10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency and due diligence obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU.
Amendment 111 #
Proposal for a regulation Recital 11 Amendment 112 #
Proposal for a regulation Recital 11 (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency and due diligence requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.
Amendment 113 #
Proposal for a regulation Recital 14 (14) The Regulation should provide for harmonised transparency and due diligence requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. Those rules should also apply to the sponsoring of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and a
Amendment 114 #
Proposal for a regulation Recital 14 (14) The Regulation should provide for harmonised transparency requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and a
Amendment 115 #
Proposal for a regulation Recital 16 (16) The definition of political advertising should include advertising published or disseminated directly or indirectly by, or published or disseminated directly or indirectly for or on behalf of a political actor, as well as the obligation to use decent language without attacks of any kind on political opponents or opposing candidates. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 116 #
Proposal for a regulation Recital 16 (16) The definition of political advertising should include advertising sponsored, promoted, published or disseminated directly or indirectly by or sponsored, promoted, published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 117 #
Proposal for a regulation Recital 17 (17) The sponsoring, promotion, publication or dissemination by other actors of a message that
Amendment 118 #
Proposal for a regulation Recital 19 (19) Political views
Amendment 119 #
Proposal for a regulation Recital 19 (19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media
Amendment 120 #
Proposal for a regulation Recital 21 (21) It is necessary to define political advertisement as an instance of political advertising sponsored, prepared, placed, promoted, published or disseminated by any mean. Advertisements include the means by which the advertising message is communicated,
Amendment 121 #
Proposal for a regulation Recital 21 (21) It is necessary to define political advertisement as any instance of political
Amendment 122 #
Proposal for a regulation Recital 21 (21) It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media or via an online platforms service and social networks.
Amendment 123 #
Proposal for a regulation Recital 23 (23) The concept of political actors should also include EU institutions, Governments, including from regional and local levels and their respective authorities and bodies, with or without legal personality insofar as their communication can become highly politicized and be assimilated to political advertising. The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations should also be included in that definition.
Amendment 124 #
Proposal for a regulation Recital 28 (28) Once an advertisement is indicated as being connected to political advertising, this should be clearly indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political advertisement, its further dissemination should still comply with transparency and due diligence requirements. For instance, when sponsored content is shared organically, the advertising should still be labelled as political advertising.
Amendment 125 #
Proposal for a regulation Recital 29 (29) The rules on transparency and due diligence laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally but not exclusively provided against remuneration, which may include a benefit in kind. The transparency
Amendment 126 #
Proposal for a regulation Recital 30 (30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved, although such exchanges of information should respect personal data protection rules.
Amendment 127 #
Proposal for a regulation Recital 31 (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share
Amendment 128 #
Proposal for a regulation Recital 31 (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers. Freedom of expression is one of the cornerstones of a lively democratic debate.
Amendment 129 #
Proposal for a regulation Recital 31 (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas.
Amendment 130 #
Proposal for a regulation Recital 32 (32) As regards online intermediaries, Regulation (EU) 2021/XX [Digital Services Act] applies to political advertisements published or disseminated by online intermediaries through horizontal rules applicable to all types of online advertising, including commercial and political advertisements. Based on the definition of political advertising established in this Regulation, it is appropriate to provide additional granularity of the transparency requirements laid out for advertising publishers falling under the scope of Regulation (EU) 2021/XX [Digital
Amendment 131 #
Proposal for a regulation Recital 33 (33) The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data processed and used for the targeting of an advertisement, the provisions of
Amendment 132 #
Proposal for a regulation Recital 36 Amendment 133 #
Proposal for a regulation Recital 38 (38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor, as well as the amounts paid for the material disseminated, which must conform to the provisions on the funding of electoral campaigns in the Member States. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction
Amendment 134 #
Proposal for a regulation Recital 39 (39) This information should be provided in a transparency notice which should also include the identity of the sponsor and the sums outlaid for the dissemination of the materials, in order to support accountability in the political process in the event of non-compliance with the provisions in force. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement and compliance with the legal provisions on the funding of electoral campaigns of all types in force in the Member States. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The
Amendment 135 #
Proposal for a regulation Recital 42 (42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act]
Amendment 136 #
Proposal for a regulation Recital 46 (46) In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations, campaign monitoring and election opinion poll establishments and accredited election observers, in order to support the performance of their respective roles in the democratic process and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly unfounded or excessive. Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information.
Amendment 137 #
Proposal for a regulation Recital 47 (47) Personal data collected directly from individuals, or indirectly such as inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data,
Amendment 138 #
Proposal for a regulation Recital 47 (47) Personal data collected directly from individuals, or indirectly such as inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council11 and Regulation (EU) 2018/1725
Amendment 139 #
Proposal for a regulation Recital 47 (47) Personal data collected directly from individuals, or indirectly such as inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information, to form their opinion, to make political decisions
Amendment 140 #
Proposal for a regulation Recital 47 (47) Personal data collected directly from individuals, or indirectly such as observed or inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This negatively impacts the democratic process. Additional restrictions and conditions compared to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 should be provided. The conditions set out in this Regulation on the use of targeting and a
Amendment 141 #
Proposal for a regulation Recital 48 (48) Targeting and a
Amendment 142 #
Proposal for a regulation Recital 48 (48)
Amendment 143 #
Proposal for a regulation Recital 48 (48) Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 is a high risk activity and should therefore be prohibited
Amendment 144 #
Proposal for a regulation Recital 48 (48) Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be
Amendment 145 #
Proposal for a regulation Recital 48 (48) Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibited. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not- for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Furthermore, targeting and amplification techniques should also be allowed based on personal data which are manifestly made public by the individual. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c),
Amendment 146 #
Proposal for a regulation Recital 48 a (new) (48 a) Targeting techniques in the context of political advertising that involve the processing of observed or inferred personal data should be prohibited. Targeting techniques in the context of political advertising that involve provided personal data should be limited to gender, age, the location, the languages spoken by the data subject.
Amendment 147 #
Proposal for a regulation Recital 48 b (new) (48 b) This prohibition shall not apply to internal communications from a political party to its members, as long as those communications are strictly limited to the members of the political parties and are based on personal data provided by the member.
Amendment 148 #
Proposal for a regulation Recital 49 Amendment 149 #
Amendment 150 #
Proposal for a regulation Recital 49 (49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to
Amendment 151 #
Proposal for a regulation Recital 49 (49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or amplify their content and keep record of their relevant activities, to avoid influencing the persons targeted to vote one way or another. When publishing, promoting or disseminating a political advertisement making use of targeting and amplification techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the
Amendment 152 #
Proposal for a regulation Recital 50 Amendment 153 #
Proposal for a regulation Recital 50 (50) Political advertising publishers making use of targeting or a
Amendment 154 #
Proposal for a regulation Recital 51 Amendment 155 #
Proposal for a regulation Recital 51 Amendment 156 #
Proposal for a regulation Recital 52 Amendment 157 #
Proposal for a regulation Recital 52 Amendment 158 #
Proposal for a regulation Recital 52 Amendment 159 #
Proposal for a regulation Recital 52 (52) The Commission should encourage the drawing up of codes of conduct as referred to in Article 40 of Regulation (EU) 2016/679 to support the exercise of data subjects’ rights in this context. These codes of conduct should give attention to the application of this Article for both online and offline political advertising, traditional methods of advertising, such as leaflets or billboards included
Amendment 160 #
Proposal for a regulation Recital 52 (52) The Commission should encourage the drawing up of codes of conduct, based on criteria agreed at European level with the Member States, as referred to in Article 40 of Regulation (EU) 2016/679 to support the exercise of data subjects’ rights in this context.
Amendment 161 #
Proposal for a regulation Recital 53 Amendment 162 #
Proposal for a regulation Recital 53 (53) Information to be provided in accordance with all requirements applicable to the use of targeting and
Amendment 163 #
Proposal for a regulation Recital 54 Amendment 164 #
Proposal for a regulation Recital 56 (56) In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules. Depending on the legal system of each Member State and
Amendment 165 #
Proposal for a regulation Recital 59 a (new) (59 a) For oversight of Article 12 of this Regulation in case of very large online platforms and very large search engines the European Data Protection Board should be the competent authority.
Amendment 166 #
Proposal for a regulation Recital 60 (60) Authorities competent for the oversight of this Regulation should cooperate with each other both at national and at EU level making best use of existing structures including national cooperation networks, the European Cooperation Network on Elections as referred to in Recommendation C(2018) 5949 final,
Amendment 167 #
Proposal for a regulation Recital 62 a (new) (62 a) In the case of very large online platforms and very large online search engines the European Election Authority should have competence over breaches of this Regulation, except over Article 12.
Amendment 168 #
Proposal for a regulation Recital 63 (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned
Amendment 169 #
Proposal for a regulation Recital 63 (63) Member States authorities, the European Data Protection Board and the European Election Authority should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or
Amendment 170 #
Proposal for a regulation Recital 65 (65) Member States should publish the exact duration of the
Amendment 171 #
Proposal for a regulation Recital 67 (67) Within tw
Amendment 172 #
Proposal for a regulation Recital 70 (70) This Regulation is without prejudice to the rules laid down in particular by Directive 2000/31/EC, including the liability rules for intermediary service providers in Articles 12 to 15 of that Directive as modified by Regulation (EU) 2021/xxx [the Digital Services Act], Regulation (EU) 2021/xxx [the Digital Markets Act],
Amendment 173 #
Proposal for a regulation Recital 70 (70) This Regulation
Amendment 174 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) harmonised transparency obligations for providers of online political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 175 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the
Amendment 176 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of online political advertising that involve the use of personal data.
Amendment 177 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and a
Amendment 178 #
Proposal for a regulation Article 1 – paragraph 1 – point b a (new) (b a) harmonised rules on the use of personal data for the purposes of online political advertising in order to complement the application of Regulation 2016/679 and Regulation 2018/1725.
Amendment 179 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to political advertising aimed at local, regional, national and referendum campaigns prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 180 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to online political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider
Amendment 181 #
Proposal for a regulation Article 1 – paragraph 3 – point a (a) to contribute to the proper and safe functioning of the internal market for political advertising and related services;
Amendment 182 #
Proposal for a regulation Article 1 – paragraph 3 – point a (a) to contribute to the proper functioning of the internal market for online political advertising and related services;
Amendment 183 #
Proposal for a regulation Article 1 – paragraph 3 – point b (b) to protect natural persons with regard to the processing of personal data
Amendment 184 #
Proposal for a regulation Article 1 – paragraph 3 – point b (b) to protect the fundamental rights of natural persons, specifically with regard to non-discrimination and the processing of personal data.
Amendment 185 #
Proposal for a regulation Article 1 – paragraph 3 – point b a (new) (b a) to set out rules for a safe and transparent market of online political advertising, while protecting the freedom of expression and information which implies everyone’s freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
Amendment 186 #
3 a. None of the provisions in this Regulation can be applied or interpreted in such way as to diminish or limit the level of protection offered by the fundamental right of freedom of expression and by the fundamental right to private life and data protection as protected in the Charter of Fundamental Rights and in the Union law on data protection and privacy.
Amendment 187 #
Proposal for a regulation Article 1 – paragraph 4 – introductory part 4. This Regulation
Amendment 188 #
Proposal for a regulation Article 1 – paragraph 4 – point g a (new) (g a) Regulation (EU) 2016/679.
Amendment 189 #
Proposal for a regulation Article 1 – paragraph 4 – point g a (new) (g a) Regulation (EU) 2016/679;
Amendment 190 #
Proposal for a regulation Article 1 – paragraph 4 – point i a (new) (i a) Regulation (EU) 2021/xxx [the Digital Markets Act].
Amendment 191 #
Proposal for a regulation Article 1 – paragraph 4 a (new) 4 a. This Regulation complements and is without prejudice to the application of Regulation 2016/679 and Regulation 2018/1725. It does not replace any of the general obligations under Regulation 2016/679, Regulation 2018/1725 and Directive 2002/58/EC.
Amendment 192 #
Proposal for a regulation Article 1 – paragraph 4 b (new) 4 b. This Regulation does not provide for a legal ground that satisfies the requirements of Article 6 of Regulation 2016/679 or Article 5 of Regulation 2018/1725 for the processing of personal data for the purpose of political advertising.
Amendment 193 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 1. ‘service’ means any self-employed economic activity, normally provided for remuneration, as referred to in Article 57 TFEU, based on a written contract or agreement signed by all the parties involved, as referred to in Article 57 TFEU;
Amendment 194 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, against direct payment or equivalent remuneration of a message:
Amendment 195 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, p
Amendment 196 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, in return for remuneration, of a message:
Amendment 197 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘online political advertising’ means the preparation, placement, promotion, publication or dissemination,
Amendment 198 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is
Amendment 199 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is liable to influence the outcome of an election or referendum, or a legislative or regulatory process
Amendment 200 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b a (new) (b a) It shall not include political views or other editorial content expressed under the editorial responsibility of a service provider in the programmes of audiovisual media, including linear or non-linear broadcasts, or published in printed or online media, unless the service provider has been remunerated by a third party for the political advertisement.
Amendment 201 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) 2 a. It shall not include content, such as political views, as expressed under the responsibility of an editorial service provider via audiovisual media, including linear or non-linear broadcasts, or as published in printed or online media, unless it is meant as a political advertisement for which the service provider has been remunerated by a third party.
Amendment 202 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 3. ‘political advertisement’ means: a
Amendment 203 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 3. ‘online political advertisement’ means an instance of online political advertising;
Amendment 204 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) 3 a. "voting behaviour" means participation or non-participation in the voting process or vote for or against certain political actor or public issue;
Amendment 205 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point h a (new) (h a) any natural or legal person which is in a financial relationship or relationship of control with any of the persons or organisations in points (a) to (h);
Amendment 206 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 5. ‘political advertising service’ means a service consisting of political advertising that is provided without consideration for the placement, publication, promotion or dissemination for the specific message with the exception of an online intermediary service within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act]
Amendment 207 #
5 a. 'provider of political advertising services' means a natural or legal person engaged in the provision of political advertising services;
Amendment 208 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. ‘political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding, with a view to elections;
Amendment 209 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. ‘online political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for online political advertising, on the basis of common preparation, sponsorship or funding;
Amendment 210 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published or disseminated based on a written contract or agreement signed by all the parties involved;
Amendment 211 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published, promoted or disseminated;
Amendment 212 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored online political
Amendment 213 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement, but which must respect personal data rules and not influence voter choices;
Amendment 214 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting or amplification techniques’ means techniques that are used by sponsors, political advertising publishers or providers of advertising services either to address
Amendment 215 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting
Amendment 216 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) 8 a. ‘ad delivery techniques’ means automated techniques that are used by political advertising publishers or providers of advertising services to determine which person or group of persons a political advertisement is delivered to.
Amendment 217 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. ‘electoral period’ means the period
Amendment 218 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules in accordance with Member State law;
Amendment 219 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 Amendment 220 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested in
Amendment 221 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘Digital political advertising publisher’ means a natural or legal person that
Amendment 222 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘political advertising publisher’ means a
Amendment 223 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 Amendment 224 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 a (new) 12 a. ‘personal data’ within the meaning of Article 4(1) of Regulation (EU) 2016/679 and Article 3(1) of Regulation (EU) 2018/1725.
Amendment 225 #
Proposal for a regulation Article 3 – paragraph 2 2. The provisions of political advertising services shall not be prohibited nor restricted, including geographically, on grounds related to transparency when the requirements of this Regulation are complied with.
Amendment 226 #
Proposal for a regulation Article 3 a (new) Article 3 a Cross border Political Advertising 1.. The provision of political advertising services within the internal market may not be restricted solely on basis of the place of establishment of the sponsor. 2. The provision of cross border political advertising services to European Political Parties, can only be restricted by national law or European legislation other than this regulation.
Amendment 227 #
Proposal for a regulation Article 3 b (new) Article 3 b Non-discrimination 1. Political advertising publishers or providers of political advertising services shall not discriminate sponsors legally established in the European Union on grounds of their place of residence or, where applicable, establishment, when those actors request, conclude or hold a contract for political advertising within the Union. 2. Refusal to provide services in a Member State where political advertising publisher or providers of political advertising services do not conduct business shall not be considered discrimination.
Amendment 228 #
Proposal for a regulation Article 4 – paragraph 1 a (new) Amendment 229 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1 a. If the sponsor or the provider of advertising services acting on behalf of sponsor declares that the service they request does not constitute a political advertising service, and the service providers, including publishers, considers it does constitute a political advertising service within the meaning of Article 2(5), they shall inform the sponsors or providers of advertising services acting on behalf of a sponsor about their conclusions and the underlying reasons. If the sponsor, after obtaining the conclusion from the service provider, does not make the declaration and the difference of opinion persists, the matter should be referred to a dispute settlement mechanism within Member States’ relevant competent authorities.
Amendment 230 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) the online political advertisement or online political advertising campaign to which the service or services are connected;
Amendment 231 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) the specific service or services provided in connection to the online political advertising;
Amendment 232 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the amounts they invoiced for the service or services provided, and the value of other benefits received or to be received in part or full exchange for the service or services provided; and
Amendment 233 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the amounts they invoiced and recieved for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided; and
Amendment 234 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) the identity of the political actor and, where applicable, the identity of the sponsor and its contact details.
Amendment 235 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) where applicable, the identity of the sponsor and its verified contact details.
Amendment 236 #
Proposal for a regulation Article 6 – paragraph 1 – point d a (new) (d a) where applicable the election, referendum or legislative or regulatory process the advertisement is aiming to target.
Amendment 237 #
Proposal for a regulation Article 6 – paragraph 2 2. The information referred to in paragraph 1 point (a), (b) and (c) shall be in writing and may be in electronic form. Such information shall be retained for a period of
Amendment 238 #
Proposal for a regulation Article 6 – paragraph 2 2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may be, and may be made available at any time to the competent authorities upon written request and within the time limit laid down by national law or that specified by the applicant.
Amendment 239 #
Proposal for a regulation Article 6 – paragraph 3 3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the digital political advertising publisher which will disseminate the online political advertisement to enable digital political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible.
Amendment 240 #
Proposal for a regulation Article 7 – title Amendment 241 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. In the context of the provision of online political advertising services,
Amendment 242 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. In the context of the provision of political advertising services, each political advertisement shall be made available with the following information in an user friendly, accessible, machine readable, clear, salient and unambiguous way:
Amendment 243 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1.
Amendment 244 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) a clear and unambiguous statement to the effect that it is a political advertisement;
Amendment 245 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) a
Amendment 246 #
Proposal for a regulation Article 7 – paragraph 1 – point a – point i (new) i) a political advertisement, if Article 2(3) point (a) of this Regulation applies; or
Amendment 247 #
Proposal for a regulation Article 7 – paragraph 1 – point a – point ii (new) ii) a public issue advertisement, if Article 2(3) point (b) of this Regulation applies;
Amendment 248 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the political actor, the sponsor of the political advertisement and the entity ultimately controlling the sponsor;
Amendment 249 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the sponsor of the
Amendment 250 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the sponsor of the political advertisement and
Amendment 251 #
Proposal for a regulation Article 7 – paragraph 1 – point b a (new) (b a) the relevant decisive parameter or set of decisive parameters determining why the user sees this advertisement;
Amendment 252 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice to enable to understand the advertisement constitutes a political advertisement, the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved.
Amendment 253 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a
Amendment 254 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice, as stipulated in paragraph 2 of this Article, to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved.
Amendment 255 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood,
Amendment 256 #
Proposal for a regulation Article 7 – paragraph 1 – point c a (new) (c a) a statement on the cost of that individual advertising;
Amendment 257 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 In this regard,
Amendment 258 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 In this regard, political advertising publishers shall use
Amendment 259 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 In this regard, political advertising publishers shall use efficient and prominent marking and labelling techniques, in a clear and understandable way, that allow the political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event a political advertisement is further disseminated.
Amendment 260 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 In this regard, digital political advertising publishers shall use efficient and prominent marking and labelling techniques that allow the online political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event an online political advertisement is further disseminated.
Amendment 261 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1 a. Article 7a) Transparency notices and online repositories of political advertisements
Amendment 262 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The transparency notice
Amendment 263 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The transparency notice shall be included in each online political advertisement or be easily retrievable from it, and shall include the following information:
Amendment 264 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) the identity of the sponsor and verified contact details;
Amendment 265 #
Proposal for a regulation Article 7 – paragraph 2 – point a a (new) (a a) where applicable, the identity of the entity ultimately controlling the sponsor and contact details;
Amendment 266 #
Proposal for a regulation Article 7 – paragraph 2 – point a a (new) (a a) if applicable, the data used to identify their target audience;
Amendment 267 #
Proposal for a regulation Article 7 – paragraph 2 – point a b (new) (a b) if applicable, the source of the data used to determine their target audience;
Amendment 268 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) the period during which the political advertisement is intended to be p
Amendment 269 #
(b) the period during which the online political advertisement is intended to be published and disseminated;
Amendment 270 #
Proposal for a regulation Article 7 – paragraph 2 – point b a (new) (ba) the reach of the political message;
Amendment 271 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c)
Amendment 272 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) based among other
Amendment 273 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the online political advertising campaign where relevant, and their sources;
Amendment 274 #
Proposal for a regulation Article 7 – paragraph 2 – point c a (new) (c a) information on the aggregated amounts or other benefits received by all political advertising service providers, including publishers, in the whole value chain in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant;
Amendment 275 #
Proposal for a regulation Article 7 – paragraph 2 – point c b (new) (c b) the sources of the funds used in relation to points (c) and (ca);
Amendment 276 #
Proposal for a regulation Article 7 – paragraph 2 – point d (d) where applicable, an indication of elections or referendums with which the advertisement is linked
Amendment 277 #
Proposal for a regulation Article 7 – paragraph 2 – point d (d) where applicable, an indication of elections or referendums with which the advertisement is linked and the relevant electoral period;
Amendment 278 #
Proposal for a regulation Article 7 – paragraph 2 – point e (e)
Amendment 279 #
Proposal for a regulation Article 7 – paragraph 2 – point e a (new) (e a) where applicable, links to aggregated information on non-active and active political advertisements originating from the same sponsor.
Amendment 280 #
Proposal for a regulation Article 7 – paragraph 3 3.
Amendment 281 #
Proposal for a regulation Article 7 – paragraph 3 3.
Amendment 282 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall make
Amendment 283 #
Proposal for a regulation Article 7 – paragraph 4 4. T
Amendment 284 #
Proposal for a regulation Article 7 – paragraph 4 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the digital political advertising publisher with the political advertisement from its first publication until one year after its last publication.
Amendment 285 #
Proposal for a regulation Article 7 – paragraph 4 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until
Amendment 286 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4 and may make them available to the competent authorities at any time upon written request and within the time limit laid down by national law or that specified by the applicant.
Amendment 287 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers shall retain the
Amendment 288 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers shall retain their transparency notices
Amendment 289 #
Proposal for a regulation Article 7 – paragraph 5 5.
Amendment 290 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers shall retain their transparency notices together with any modifications for a period of
Amendment 291 #
Proposal for a regulation Article 7 – paragraph 6 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30(1) of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2 and ensure real-time access to such information for Member States’ relevant competent authorities. The repository shall contain all versions of the advertisement.
Amendment 292 #
Proposal for a regulation Article 7 – paragraph 6 6.
Amendment 293 #
Proposal for a regulation Article 7 – paragraph 6 a (new) 6 a. Political advertising publishers which are not very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall, for the purpose of this Regulation, create a repository for political advertisements in line with Article 30(1) of that Regulation and make available for each political advertisement in such a repository the information referred to in paragraph 2 and ensure real-time access to such information for Member States’ relevant competent authorities. The repository shall contain all versions of the advertisement.
Amendment 294 #
Proposal for a regulation Article 7 – paragraph 7 Amendment 295 #
Proposal for a regulation Article 7 – paragraph 7 7. Member States, including competent authorities, and the Commission shall encourage the drawing up of guidelines and codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. These guidelines and codes of conduct shall give attention to the application of this Article for both online and offline political advertising.
Amendment 296 #
Proposal for a regulation Article 7 – paragraph 8 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of
Amendment 297 #
Proposal for a regulation Article 8 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, based on a written contract or agreement signed by all the parties involved, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 298 #
Proposal for a regulation Article 8 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and
Amendment 299 #
Proposal for a regulation Article 8 – paragraph 1 1. Where they provide political advertising services, digital advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 300 #
Proposal for a regulation Article 8 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and a
Amendment 301 #
Proposal for a regulation Article 9 Amendment 302 #
Proposal for a regulation Article 9 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals to notify them, free of charge and in a user friendly way, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 303 #
Proposal for a regulation Article 9 – paragraph 1 1. Where they provide online political advertising services, digital advertising publishers shall put in place mechanisms to enable individuals to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 304 #
Proposal for a regulation Article 9 – paragraph 3 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. Notifiers shall not be obliged to provide personal data. The political advertising publisher shall inform individuals who choose to provide contact details of the follow up given to the notification as referred to in paragraph 1.
Amendment 305 #
Proposal for a regulation Article 9 – paragraph 3 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertising publisher may seek guidance from competent authorities on issues raised in those submission and shall inform individuals of the follow up given to the notification as referred to in paragraph 1.
Amendment 306 #
Proposal for a regulation Article 9 – paragraph 3 3.
Amendment 307 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3 a. The political advertising publishers shall examine and address the notification referred to in paragraph 1 accordingly, in a diligent, objective and non-discriminatory manner and without undue delay. Where the notification indicates that it is concerning political advertising relating to a specific election or a referendum, political advertising publishers shall examine and address the notification as a matter of urgency when that election or referendum is due to take place within 30 days of the notification.
Amendment 308 #
Proposal for a regulation Article 9 – paragraph 4 4. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to
Amendment 309 #
Proposal for a regulation Article 9 – paragraph 4 4. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively, including by reference to an announcement on the website of the digital political advertising publisher concerned.
Amendment 310 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 – point a (a) a brief statement of reasons explaining the objective for which the information is requested and why the request is necessary and proportionate, unless the request pursues the objective of the prevention, investigation, detection and prosecution of criminal offences and to the extent that the reasons for the request would jeopardise that objective;
Amendment 311 #
Proposal for a regulation Article 10 – paragraph 2 2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within two working days, acknowledge receipt of that request and inform the authority of the steps taken to comply with it. The relevant service provider shall provide the requested information within
Amendment 312 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Providers of political advertising services shall take the appropriate measures to transmit the information referred to in Article 6 to interested entities upon request in a user friendly format, as soon as possible at the latest by two months after the request and without costs.
Amendment 313 #
Proposal for a regulation Article 11 – paragraph 2 – point b (b) members of a civil society organisation whose statutory objectives are
Amendment 314 #
Proposal for a regulation Article 11 – paragraph 2 – point d a (new) (d a) journalists accredited in a Member State by national, European or international bodies.
Amendment 315 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Amendment 316 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Such interested entities shall also include journalists
Amendment 317 #
Proposal for a regulation Article 11 – paragraph 3 3. Following a request from an interested entity, the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5, within
Amendment 318 #
Proposal for a regulation Article 11 – paragraph 3 3. Following a request from an interested entity, the service provider shall
Amendment 319 #
Proposal for a regulation Article 11 – paragraph 5 5. Where requests pursuant to paragraph 1 are manifestly un
Amendment 320 #
Proposal for a regulation Article 11 – paragraph 6 Amendment 321 #
Proposal for a regulation Article 11 – paragraph 7 7. Service providers shall bear the burden of demonstrating that a request is
Amendment 322 #
Proposal for a regulation Chapter III – title III TARGETING AND AMPLIFICATION OF DIGITAL POLITICAL ADVERTISING
Amendment 323 #
Proposal for a regulation Chapter III – title III TARGETING AND AMPLIFICATION OF ONLINE POLITICAL ADVERTISING
Amendment 324 #
Proposal for a regulation Article 12 – title Specific requirements related to the use of personal data for targeting and amplification techniques
Amendment 325 #
Proposal for a regulation Article 12 – title 12 Specific requirements related to targeting and a
Amendment 326 #
Proposal for a regulation Article 12 – paragraph 1 Amendment 327 #
Proposal for a regulation Article 12 – paragraph 1 1. Targeting or a
Amendment 328 #
Proposal for a regulation Article 12 – paragraph 1 1. Targeting or amplification techniques that involve the processing of personal data
Amendment 329 #
Proposal for a regulation Article 12 – paragraph 1 1. Targeting or amplification techniques that involve the processing of personal data
Amendment 330 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1 a. Targeting and amplification techniques that involve the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 in the context of political advertising, can be done in the situations referred to in Article 9(2)(a), (d) and (e) of Regulation(EU) 2016/679 and Article 10(2)(a), (d) and (e) of Regulation (EU) 2018/1725, whilst safeguarding democratic rights of EU-citizens, both voters and candidates or political parties, in particular the freedom of expression and information as enshrined in the Charter of the Fundamental Rights of the EU.
Amendment 331 #
Proposal for a regulation Article 12 – paragraph 1 a (new) Amendment 332 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1 a. Every political advertisement that has been subject to targeting as outlined in Article 12 shall be labelled in line with Article 7 and shall fulfil all the requirements laid down in Chapter II.
Amendment 333 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 334 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 335 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 336 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 337 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 338 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 339 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 340 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 341 #
Proposal for a regulation Article 12 – paragraph 3 – point a (a) adopt and implement an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals or amplify the content, but without influencing voter choice, and retain such a policy for a period of five years;
Amendment 342 #
Proposal for a regulation Article 12 – paragraph 3 – point a (a) adopt and implement an internal policy describing clearly and in plain
Amendment 343 #
Proposal for a regulation Article 12 – paragraph 3 – point a a (new) (a a) make an internal annual risk assessment of the use of these techniques on the fundamental rights and freedoms of individuals and the society as a whole; the results of these risk assessments shall be made publicly available;
Amendment 344 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 345 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 346 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 347 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 348 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 349 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 350 #
Proposal for a regulation Article 12 – paragraph 5 5. Political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7 a reference to effective means to support individuals
Amendment 351 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 352 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 353 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 354 #
Proposal for a regulation Article 12 – paragraph 7 Amendment 355 #
Proposal for a regulation Article 12 – paragraph 7 Amendment 356 #
Proposal for a regulation Article 12 – paragraph 7 Amendment 357 #
Proposal for a regulation Article 12 – paragraph 8 Amendment 358 #
Proposal for a regulation Article 12 – paragraph 8 Amendment 359 #
Proposal for a regulation Article 12 – paragraph 8 Amendment 360 #
Proposal for a regulation Article 12 – paragraph 8 a (new) 8 a. The goal of targeting and amplification of digital political advertising is to integrate voters into the democratic discourse and to bring political topics to their attention. Digital political advertisement has the function to inform voters and targeting and amplification techniques can help fostering democratic participation, as long as these techniques are in line with all rules on data privacy that are laid down in the Regulation (EU)2016/679. The following targeting and amplification methods shall be permitted: (a) The processing of personal data in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to primary voters; (b) The processing of personal data in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to socio-demographic cohorts; (c) The processing of personal data in accordance with Regulation (EU) 2016/679 for apolitical party to identify and disseminate political advertising to its members, former members and affiliated persons; (d) The processing of data on age, gender, language, profession, geographic location and interests in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to groups of persons;
Amendment 361 #
Proposal for a regulation Article 12 – paragraph 8 b (new) 8 b. The goal of targeting and amplification of digital political advertising is to integrate voters into the democratic discourse and to bring political topics to their attention. Digital political advertisement has the function to inform voters and targeting and amplification techniques can help fostering democratic participation, as long as these techniques are in line with all rules on data privacy that are laid down in the Regulation (EU)2016/679. The following targeting and amplification methods shall be permitted: (a) The processing of personal data in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to primary voters; (b) The processing of personal data in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to socio-demographic cohorts; (c) The processing of personal data in accordance with Regulation (EU) 2016/679 for a political party to identify and disseminate political advertising to its members, former members and affiliated persons; (d) The processing of data on age, gender, language, profession, geographic location and interests in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to groups of persons;
Amendment 362 #
Proposal for a regulation Article 12 a (new) Article 12 a Specific requirements related to the use of personal data for online political advertising 1. Providers of intermediary services shall not process personal data for the purposes of targeting natural persons for online political advertising. 2. This provision shall not prevent intermediary services from displaying online political advertising based on contextual information such as keywords. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if it does not allow for the direct, or by means of combining it with other information, indirect identification of a natural person or a group of natural persons.
Amendment 363 #
Proposal for a regulation Article 13 Amendment 364 #
Proposal for a regulation Article 13 Amendment 365 #
Proposal for a regulation Article 13 Amendment 366 #
Proposal for a regulation Article 15 – paragraph 1 1.
Amendment 367 #
Proposal for a regulation Article 15 – paragraph 1 1. The supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of
Amendment 368 #
Proposal for a regulation Article 15 – paragraph 1 1. The supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of
Amendment 369 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1 a. In case the political advertising publisher is a very large online platform or of a very large online search engine the European Data Protection Board may initiate proceedings if it suspects the infringement of the Article 12 of this Regulation.
Amendment 370 #
Proposal for a regulation Article 15 – paragraph 1 b (new) 1 b. The initiation of proceedings pursuant to paragraph 1a of this Article by the European Data Protection Board shall relieve the national data protection authority or authorities, or any competent authority where applicable, of its powers to supervise and enforce the obligations under this Regulation.
Amendment 371 #
Proposal for a regulation Article 15 – paragraph 1 c (new) 1 c. The national data protection authorities shall, without undue delay after being informed of initiation of the proceedings, transmit to the European Data Protection Board any information they hold about the infringement at stake.
Amendment 372 #
Proposal for a regulation Article 15 – paragraph 1 d (new) Amendment 373 #
Proposal for a regulation Article 15 – paragraph 2 2.
Amendment 374 #
Proposal for a regulation Article 15 – paragraph 2 a (new) 2 a. The European Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in this Regulation.
Amendment 375 #
Proposal for a regulation Article 15 – paragraph 2 b (new) 2 b. Article 44a, 44b, 45(1) to (4), 45a and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 376 #
Proposal for a regulation Article 15 – paragraph 2 c (new) Amendment 377 #
Proposal for a regulation Article 15 – paragraph 4 4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the
Amendment 378 #
Proposal for a regulation Article 15 – paragraph 5 – point c a (new) (c a) issue guidance on compliance in response to requests raised by political advertising publishers under Article 9.
Amendment 379 #
Proposal for a regulation Article 15 – paragraph 5 – point c a (new) (c a) impose a periodic administrative fines and financial penalties;
Amendment 380 #
Proposal for a regulation Article 15 – paragraph 5 a (new) 5 a. Member States shall report annually to the Commission of the type of sanctions used and the amount of the administrative fines and financial penalties imposed under this subparagraph. The Commission shall summarise and evaluate these reports annually and also as part of the review process provided for in Article 18.
Amendment 381 #
Proposal for a regulation Article 15 – paragraph 6 6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.
Amendment 382 #
Proposal for a regulation Article 15 – paragraph 6 6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.
Amendment 383 #
Proposal for a regulation Article 15 – paragraph 6 6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.
Amendment 384 #
Proposal for a regulation Article 15 – paragraph 8 a (new) 8 a. Where the provider of political advertising services is a very large online platform or a very large online search engine the European Election Authority may initiate proceedings if it suspects any infringement of this Regulation, except of Article 12.
Amendment 385 #
Proposal for a regulation Article 15 – paragraph 8 b (new) 8 b. The initiation of proceedings pursuant to paragraph 1a of this Article by the European Election Authority shall relieve the national authority or authorities, or any competent authority where applicable, of its powers to supervise and enforce the obligations under this Regulation.
Amendment 386 #
Proposal for a regulation Article 15 – paragraph 8 c (new) Amendment 387 #
Proposal for a regulation Article 15 – paragraph 8 d (new) 8 d. In the exercise of its powers of investigation under this Regulation the European Election Authority may request the individual or joint support of any national authority concerned by the suspected infringement, including the authority of establishment.
Amendment 388 #
Proposal for a regulation Article 15 – paragraph 9 9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections jointly with the European Election Authority to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 389 #
Proposal for a regulation Article 15 – paragraph 9 a (new) 9a. The competent authorities of the Member States shall draw up, at the end of each campaign, election or referendum, reports on the conformity with existing legislation and with this Regulation of service providers providing political advertising services in the Union, as well as with the protection of personal data, when using techniques to target a specific audience or to amplify the impact of political advertising material. Those reports shall be forwarded to the Commission and, in the case of elections to the European Parliament, to the European Parliament.
Amendment 390 #
Proposal for a regulation Article 16 – paragraph 1 1. In relation to Articles
Amendment 391 #
Proposal for a regulation Article 16 – paragraph 1 1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive. Administrative fines and financial penalties may be used cumulatively.
Amendment 392 #
Proposal for a regulation Article 16 – paragraph 2 2. Sanctions shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules within twelve months of the entry into force of this Regulation and shall notify it, without delay, of any subsequent amendments affecting them.
Amendment 393 #
Proposal for a regulation Article 16 – paragraph 3 – point a (a) the nature, gravity and duration of the infringement, with a focus on respect for personal data when using techniques to target a specific audience or to amplify the impact of political advertising material which may influence voter choice;
Amendment 394 #
Proposal for a regulation Article 16 – paragraph 4 4. Infringements of Articles 4, 5 and 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period or during the period between the announcement of a referendum and the day of the referendum, and directed to citizens in the Member State in which the relevant election or referendum is being organised.
Amendment 395 #
Proposal for a regulation Article 16 – paragraph 5 5. If a service provider intentionally or negligently infringes the provisions of this regulation
Amendment 396 #
Proposal for a regulation Article 16 – paragraph 6 6. For infringements of the obligations laid down in Article 12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may use the investigative and corrective powers laid down in that regulation and within their scope of competence impose administrative fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation. In addition to or instead of an administrative fine the supervisory authorities may order a sponsor to suspend political advertising, and a political advertising publisher or provider of advertising services not to publish or disseminate political advertisements on behalf of that sponsor, for a limited period of time.
Amendment 397 #
Proposal for a regulation Article 16 a (new) Amendment 398 #
Proposal for a regulation Article 18 – paragraph 1 Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public and presented in a public hearing of the European Parliament.
Amendment 399 #
Proposal for a regulation Article 19 – paragraph 2 2. The power to adopt delegated acts referred to in Article 7(8)
Amendment 400 #
Proposal for a regulation Article 19 – paragraph 3 3. The delegation of power referred to in Article 7(8)
Amendment 401 #
Proposal for a regulation Article 19 – paragraph 5 5. A delegated act adopted pursuant to Article 7(8)
Amendment 402 #
(a)
Amendment 403 #
Proposal for a regulation Annex I – point b (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is prepared, placed, published, promoted and disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity.
Amendment 404 #
Proposal for a regulation Annex I – point b (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, verified telephone number and electronic mail address, and whether they are a natural or legal entity.
Amendment 405 #
Proposal for a regulation Annex I – point b a (new) (b a) If applicable, the data used to identify the data subjects being targeted for the purpose of online political advertising, including: (a) data relating to the location of the data subjects; (b) data relating to the special characteristics of data subjects.
Amendment 406 #
Proposal for a regulation Annex I – point d (d) any election or referendum with which the advertising is linked, if applicable.
Amendment 407 #
Proposal for a regulation Annex I – point e (e) the provisional aggregated amount
Amendment 408 #
Proposal for a regulation Annex I – point e (e) the
Amendment 409 #
Proposal for a regulation Annex I – point e a (new) (e a) the aggregated amounts or other benefits received by all political advertising service providers, including publishers, in the whole value chain in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant
Amendment 410 #
Proposal for a regulation Annex I – point e b (new) (e b) the sources of the funds used in relation to points (e) and (ea);
Amendment 411 #
Proposal for a regulation Annex I – point f Amendment 412 #
Proposal for a regulation Annex I – point f (f) the sources of the funds being used for the specific advertising campaign including for the preparation, placement, promotion, publication and dissemination of the political advertisements, based on a written contract or agreement signed by all the parties involved.
Amendment 413 #
Proposal for a regulation Annex I – point g (g) meaningful information about the methodology used for the calculation of the amounts and values referred in
Amendment 414 #
Proposal for a regulation Annex I – point h (h)
Amendment 415 #
Proposal for a regulation Annex II Amendment 416 #
Proposal for a regulation Annex II Amendment 91 #
Proposal for a regulation Recital 1 (1) The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, “ad-tech” platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content such as product placement, the production of studies and summaries, estimates and forecasts, and the use of influencers and other endorsements. Related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment.
Amendment 92 #
Proposal for a regulation Recital 1 (1) The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising
Amendment 93 #
Proposal for a regulation Recital 2 (2) Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross- border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms, both around and during electoral campaigns for local, regional, national or other elections, and also in between electoral campaigns, to attract new followers and supporters or to promote various political platforms and programmes.
Amendment 94 #
Proposal for a regulation Recital 2 (2) Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as printed and online newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross- border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms.
Amendment 95 #
Proposal for a regulation Recital 2 (2) Political advertising can be
Amendment 96 #
Proposal for a regulation Recital 3 (3) Given that it is normally provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of
Amendment 97 #
Proposal for a regulation Recital 3 (3) Given that it is normally but not exclusively provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of persons with disabilities.
Amendment 98 #
Proposal for a regulation Recital 4 (4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the
Amendment 99 #
Proposal for a regulation Recital 4 a (new) (4a) Transparency for publishers of political advertising, such as social media firms, is of fundamental importance for honest political debate and free elections. Those publishers should be transparent about ensuring equal access for political messages, and the reach of those messages, in order to maintain a level playing field.
source: 735.535
2022/09/09
CULT
201 amendments...
Amendment 100 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) 3 a. "voting behaviour" means participation or non-participation in the voting process or vote for or against certain political actor or public issue;
Amendment 101 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point h (h) any natural or legal person representing or acting on behalf of any of the persons or organisations in points (a) to (g), or others, promoting the political objectives of any of those.
Amendment 102 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) 5 a. 'provider of political advertising services' means a natural or legal person engaged in the provision of political advertising services;
Amendment 103 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published, promoted or disseminated;
Amendment 104 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise
Amendment 105 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘political advertising publisher’ means a
Amendment 106 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 a (new) Political views and opinions expressed for journalistic purposes in both printed and online media or in the programmes of audio-visual linear or non-linear media broadcasts and under the editorial responsibility of the service provider if expressed without any payment or equivalent remuneration from a third party should not be considered political advertisement and should not be covered by this Regulation.
Amendment 107 #
Proposal for a regulation Article 2 a (new) Article 2 a Identification of a political advertisement For the purpose of determining whether a message constitutes political advertisement within the meaning of Article 2 paragraph 1 point 3, account shall be taken of all its features and at least of the following relevant factors: a) the sponsor of the message and the entity or person ultimately controlling the sponsor; b) content of the message, c) the language used to convey the message; d) the context in which the message is conveyed and timing of the message including electoral or referendum periods; e) the objective and nature of the message; f) the means by which the message is prepared, placed, published, promoted or disseminated; g) targeted audience.
Amendment 108 #
Proposal for a regulation Chapter II – title II TRANSPARENCY AND DUE DILIGENCE OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES
Amendment 110 #
Proposal for a regulation Article 5 – paragraph 2 2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions - including on due diligence - of this Regulation are complied with.
Amendment 111 #
Proposal for a regulation Article 7 – title Amendment 112 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. In the context of the provision of political advertising services, each political advertisement shall be made available with the following information in a clear, non- discriminatory, salient and unambiguous way:
Amendment 113 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1.
Amendment 114 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) a
Amendment 115 #
Proposal for a regulation Article 7 – paragraph 1 – point a – point i (new) i) a political advertisement, if Article 2, paragraph 1 point 3(a) of this Regulation applies;
Amendment 116 #
Proposal for a regulation Article 7 – paragraph 1 – point a – point ii (new) ii) a public issue advertisement, if Article 2, paragraph 1 point 3(b) of this Regulation applies;
Amendment 117 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the sponsor of the political advertisement including, where appropriate, in the case of European or national parties, the logo of the corresponding European political entity and the entity ultimately controlling the sponsor;
Amendment 118 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the sponsor of the political advertisement and, where applicable, the entity or person ultimately controlling the sponsor;
Amendment 119 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the sponsor of the political advertisement and the entity ultimately controlling or financing the sponsor;
Amendment 120 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a
Amendment 121 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice
Amendment 122 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 In this regard,
Amendment 123 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1 a. Article 7a) Transparency notices and online repositories of political advertisements
Amendment 124 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The transparency notice shall be included in each political advertisement or be easily retrievable from it, and shall include the following information in a clear and non-discriminatory format:
Amendment 125 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The transparency notice
Amendment 126 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) the identity of the sponsor of the political advertisement and the entity or person ultimately controlling the sponsor and contact details;
Amendment 127 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) the identity of the sponsor and the entity ultimately controlling or financing the sponsor, and their relevant contact details;
Amendment 128 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) the identity of the sponsor or of the entity ultimately controlling the sponsor and contact details;
Amendment 129 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) the period during which the political advertisement is intended to be p
Amendment 130 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c)
Amendment 131 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation,
Amendment 132 #
Proposal for a regulation Article 7 – paragraph 2 – point c a (new) (c a) information on the aggregated amounts or other benefits received by all political advertising service providers, including publishers, through all contracts, in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant;
Amendment 133 #
Proposal for a regulation Article 7 – paragraph 2 – point c b (new) (c b) the sources of the funds used in relation to points (c) and (ca);
Amendment 134 #
Proposal for a regulation Article 7 – paragraph 2 – point c c (new) (c c) the list of criteria used for targeting of the advertisement;
Amendment 135 #
Proposal for a regulation Article 7 – paragraph 2 – point d (d) where applicable, an indication of elections
Amendment 136 #
Proposal for a regulation Article 7 – paragraph 2 – point e (e)
Amendment 137 #
Proposal for a regulation Article 7 – paragraph 3 3.
Amendment 138 #
Proposal for a regulation Article 7 – paragraph 3 3.
Amendment 139 #
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. The specificities of the medium of publication should be taken into account in particular to adapt the modalities to audio-visual media services, radio and press for the application of paragraph 1 and 2.
Amendment 140 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall make
Amendment 141 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall
Amendment 142 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3 a. Where the publisher becomes aware that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, the publisher shall make reasonable efforts including by contacting the sponsor or the relevant service providers, to complete or correct that information. Until such information is corrected, the political advertising publisher shall not make the political advertisement available or shall discontinue it, and shall inform the relevant service providers and the sponsor accordingly.
Amendment 143 #
Proposal for a regulation Article 7 – paragraph 3 b (new) 3 b. Where the sponsor or the providers of political advertising services other than publisher become aware that the information provided to or published by the political advertising publisher is incomplete or inaccurate, they shall contact the publisher concerned without undue delay and, as relevant, transmit complete or accurate information to the political advertising publisher.
Amendment 144 #
Proposal for a regulation Article 7 – paragraph 4 4. T
Amendment 145 #
Proposal for a regulation Article 7 – paragraph 4 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language, accessible for people with disabilities. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication.
Amendment 146 #
Proposal for a regulation Article 7 – paragraph 4 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible, non-discriminatory and clearly visible and, where technically possible, machine readable
Amendment 147 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers shall retain the
Amendment 148 #
Proposal for a regulation Article 7 – paragraph 6 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] or very large online search engines within the meaning of Article 33a of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2 and ensure real-time access to such information for Member States’ relevant competent authorities as well as vetted researchers within the meaning of Article 31 of Regulation (EU) 2021/xxx [the DSA]. The repository shall contain all versions of the advertisement.
Amendment 149 #
Proposal for a regulation Article 7 – paragraph 6 a (new) 6 a. Political advertising publishers which are not very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] or very large online search engines within the meaning of Article 33a of Regulation (EU) 2021/xxx [the DSA] shall, for the purpose of this Regulation, create a repository for political advertisements in line with Article 30 of that Regulation and make available for each political advertisement in such a repository the information referred to in paragraph 2 and ensure real-time access to such information for Member States’ relevant competent authorities as well as vetted researchers within the meaning of Article 31 of Regulation (EU) 2021/xxx [the DSA]. The repository shall contain all versions of the advertisement.
Amendment 150 #
Proposal for a regulation Article 7 – paragraph 6 a (new) 6 a. Political advertising publishers, which are not very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that they make available for each political advertisement the information as referred in Article 7(2) in the repository set out in Article 7(6b)
Amendment 151 #
Proposal for a regulation Article 7 – paragraph 6 b (new) 6 b. The Commission shall establish and maintain a European political advertisement repository to compile and make publicly available, through a searchable, machine-readable and reliable tool that allows multicriteria queries, and through application programming interfaces, political advertisements published or disseminated online until seven years after the advertisement was presented for the last time on an online interface of a publisher of political advertisement.
Amendment 152 #
Proposal for a regulation Article 7 – paragraph 6 b (new) 6 b. The Commission shall, after the consultation of relevant stakeholders, issue guidelines on the structure, organisation and functionalities of the repositories referred to in paragraph 6 and 6(a).
Amendment 153 #
Proposal for a regulation Article 7 – paragraph 6 c (new) Amendment 154 #
Proposal for a regulation Article 7 – paragraph 6 d (new) 6 d. The Commission shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been presented.
Amendment 155 #
Proposal for a regulation Article 7 – paragraph 7 Amendment 156 #
Proposal for a regulation Article 9 – paragraph 2 2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access
Amendment 157 #
Proposal for a regulation Article 9 – paragraph 4 a (new) 4 a. Repetitive notifications under paragraph 1 that are done with malicious or disruptive intent shall be reported to the competent national authorities and investigated in accordance with the law;
Amendment 158 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Such interested entities shall also include journalists
Amendment 159 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1 a. Every political advertisement that has been subject to targeting as outlined in Article 12 shall be labelled in line with Article 7 and shall fulfil all the requirements laid down in Chapter II.
Amendment 160 #
Proposal for a regulation Article 15 – paragraph 3 3.
Amendment 161 #
Proposal for a regulation Article 15 – paragraph 6 6. Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks and in the European Regulators Group for Audiovisual Media Services, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.
Amendment 162 #
Proposal for a regulation Article 15 – paragraph 9 9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections or of the European Regulators Group for Audiovisual Media Services (ERGA) to facilitate the swift and secured exchange of information on
Amendment 163 #
Proposal for a regulation Article 16 – paragraph 1 1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties and rectifications applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive. Member States shall also lay down rules on sanctions including administrative fines, financial penalties and rectifications applicable to sponsors for infringements in relation to Articles 5 and 7 of the present Regulation.
Amendment 164 #
Proposal for a regulation Article 16 – paragraph 4 4. Infringements of Articles 5 and 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an
Amendment 165 #
Proposal for a regulation Article 16 – paragraph 5 5. If a service provider intentionally or negligently infringes the provisions of this regulation
Amendment 166 #
Proposal for a regulation Annex I – point a (a)
Amendment 167 #
Proposal for a regulation Annex I – point b (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is prepared, placed, published, promoted and disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity.
Amendment 168 #
Proposal for a regulation Annex I – point d (d) any election or referendum with which the advertising is linked, if applicable.
Amendment 169 #
Proposal for a regulation Annex I – point e (e) the
Amendment 170 #
Proposal for a regulation Annex I – point e a (new) (e a) the aggregated amounts or other benefits received by all political advertising service providers, including publishers, through all contracts in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant;
Amendment 171 #
Proposal for a regulation Annex I – point e b (new) (e b) the sources of the funds used in relation to points (e) and (ea);
Amendment 172 #
Proposal for a regulation Annex I – point e c (new) (e c) the list of criteria used for targeting of the advertisement;
Amendment 173 #
Proposal for a regulation Annex I – point f Amendment 174 #
Proposal for a regulation Annex I – point g (g) meaningful information about the methodology used for the calculation of the amounts and values referred in (e) and (ea).
Amendment 175 #
Proposal for a regulation Annex I – point h (h)
Amendment 27 #
Proposal for a regulation Recital 2 Amendment 28 #
Proposal for a regulation Recital 2 (2) Political advertising can be
Amendment 29 #
Proposal for a regulation Recital 4 (4) The need to ensure transparency is a legitimate public goal as also highlighted in the “Report on the final outcome of the Conference on the Future of Europe” released on 9 May 2022, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency and due diligence is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political
Amendment 30 #
Proposal for a regulation Recital 4 (4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature
Amendment 30 #
Proposal for a regulation Recital 4 (4) The need to ensure transparency is a legitimate public goal as also highlighted in the “Report on the final outcome of the Conference on the Future of Europe” released on 9 May 2022, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency and due diligence is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices.
Amendment 31 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, the use of such techniques
Amendment 31 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, freedom of expression, protection of other EU nationals living abroad, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way.
Amendment 32 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, freedom of expression, protection of the EU citizens living outside the European Union, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way.
Amendment 32 #
Proposal for a regulation Recital 6 (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services by affecting directly the capacity to conduct cross-border and pan-European political campaigns. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national and European legislations are likely to exist in some Member States resulting in political advertising sometimes
Amendment 33 #
Proposal for a regulation Recital 6 (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services by affecting directly the capacity to conduct cross-border and pan-European political campaigns. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national and European legislation are likely to exist in some Member States resulting in political advertising sometimes
Amendment 33 #
Proposal for a regulation Recital 8 (8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services - notably for European parties - preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers.
Amendment 34 #
Proposal for a regulation Recital 8 (8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers,
Amendment 34 #
Proposal for a regulation Recital 9 (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-
Amendment 35 #
Proposal for a regulation Recital 8 (8) This situation leads to the
Amendment 35 #
Proposal for a regulation Recital 10 (10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency and due diligence obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU.
Amendment 36 #
Proposal for a regulation Recital 9 (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross- border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market, and represent an obstacle to the creation of a true pan-European public sphere.
Amendment 36 #
(11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency and due diligence in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.
Amendment 37 #
Proposal for a regulation Recital 10 (10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency and due diligence obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU.
Amendment 37 #
Proposal for a regulation Recital 14 (14) The Regulation should provide for harmonised transparency and due diligence requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on
Amendment 38 #
Proposal for a regulation Recital 11 (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency and due diligence in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.
Amendment 38 #
Proposal for a regulation Recital 14 (14) The Regulation should provide for harmonised transparency requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State
Amendment 39 #
Proposal for a regulation Recital 13 (13) This Regulation
Amendment 39 #
Proposal for a regulation Recital 15 (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplification. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the s
Amendment 40 #
Proposal for a regulation Recital 14 (14) The Regulation should provide for harmonised transparency and due diligence requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on
Amendment 40 #
Proposal for a regulation Recital 16 (16) The definition of political
Amendment 41 #
Proposal for a regulation Recital 15 (15)
Amendment 41 #
Proposal for a regulation Recital 17 (17) The publication or dissemination by other actors, such as non-governmental organisations, associations or companies, of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the sponsor, the origin of the sponsor, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 42 #
Proposal for a regulation Recital 16 (16) The definition of political advertising should
Amendment 42 #
Proposal for a regulation Recital 17 (17) The publication, promotion or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour at local, national and European level should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective and intention of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 43 #
Proposal for a regulation Recital 16 (16) The definition of political advertising should include advertising published, promoted or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 43 #
Proposal for a regulation Recital 17 a (new) Amendment 44 #
Proposal for a regulation Recital 16 a (new) (16 a) Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate by default.
Amendment 44 #
Proposal for a regulation Recital 18 (18) Practical information from official sources
Amendment 45 #
Proposal for a regulation Recital 17 Amendment 45 #
Proposal for a regulation Recital 19 (19)
Amendment 46 #
Proposal for a regulation Recital 17 (17)
Amendment 46 #
Proposal for a regulation Recital 19 (19) Political views expressed in literary works, in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation.
Amendment 47 #
Proposal for a regulation Recital 17 (17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process
Amendment 47 #
Proposal for a regulation Recital 20 (20) For the purpose of this Regulation, election should be understood as the elections to the European Parliament as well as all elections or referendums organised at national
Amendment 48 #
Proposal for a regulation Recital 17 (17) The publication, promotion or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour at local, national and European level should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language
Amendment 48 #
Proposal for a regulation Recital 23 (23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European
Amendment 49 #
Proposal for a regulation Recital 17 (17) The publication or dissemination by other actors of a message that is liable, planned and intended to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable, planned and intended to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 49 #
Proposal for a regulation Recital 26 (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as
Amendment 50 #
Proposal for a regulation Recital 18 (18) Practical information from official sources regarding exclusively the organisation and modalities for participation in the elections or referendums should not constitute political advertising.
Amendment 50 #
Proposal for a regulation Recital 29 (29) The rules on transparency and due diligence laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication or dissemination for the specific message, unless the user has been remunerated by a third party for the political advertisement.
Amendment 51 #
Proposal for a regulation Recital 19 (19)
Amendment 51 #
Proposal for a regulation Recital 30 (30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved. Where a message is sent by or on behalf of a political actor, for example via the sending of electronic messages or the use of telephone calling techniques, such as voicemail, it should also be possible to apply transparency requirements.
Amendment 52 #
Proposal for a regulation Recital 19 (19) Political views
Amendment 52 #
Proposal for a regulation Recital 34 (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency and due diligence requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services.
Amendment 53 #
Proposal for a regulation Recital 19 (19) Political views
Amendment 53 #
Proposal for a regulation Recital 40 (40)
Amendment 54 #
Proposal for a regulation Recital 19 (19) Political views expressed
Amendment 54 #
Proposal for a regulation Recital 55 a (new) (55 a) Where a particular advertisement does not comply with this Regulation, mechanisms provided by the publisher should enable individuals to flag the advertisement concerned. Where those mechanisms are not available, individuals should be able to report such political advertisement directly to the competent authorities in accordance with this Regulation.
Amendment 55 #
Proposal for a regulation Recital 19 a (new) (19 a) Objective and independent media and journalists and pluralistic media landscape are a vital part of democratic processes as they provide essential information, scrutiny and space for public debate and contribute to public opinion- forming. However, there is a constant risk of instrumentalisation of the media by malicious actors not only from the outside of the Union, but also from within. In order to combat it, it is essential to strengthen and adapt codes of ethics and journalistic standards established both in Member States' law and by press and media councils in accordance with Union law. Special attention should be paid to the prevention of any form of covert political advertising. At the same time, it is necessary to improve and increase the professional training of journalists with respect to journalistic ethics, both in the form of dedicated courses in education as well as on-the-job training.
Amendment 55 #
Proposal for a regulation Recital 65 a (new) (65 a) Symmetry should be ensured between the rules on political advertising services provided online and offline, in order to ensure that they are both enforced in a predictable and coherent way;
Amendment 56 #
Proposal for a regulation Recital 19 b (new) (19 b) Media literacy is central to political culture and active participation by Union citizens. Together with critical thinking they are necessary not only for understanding information, but also for navigating through offered media content and distinguishing quality journalism from biased journalism or disinformation. It is also an essential skill for the public to benefit from the access to information on political advertisements provided by this Regulation. Therefore, it is important to increase media literacy and critical thinking efforts in Member States and at the Union level, including though dedicated media education and publicly available relevant materials adapted to the needs of different groups.
Amendment 56 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) harmonised transparency and due diligence obligations for sponsored providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 57 #
Proposal for a regulation Recital 26 (26) In order to cover the broad range of relevant service providers connected to
Amendment 57 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in
Amendment 58 #
Proposal for a regulation Recital 27 (27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for by another by any means.
Amendment 58 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point d (d) a candidate for any elected office at European
Amendment 59 #
Proposal for a regulation Recital 29 (29) The rules on transparency and due diligence laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online
Amendment 59 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point e (e) an elected official within a public institution at European
Amendment 60 #
Proposal for a regulation Recital 31 (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty.
Amendment 60 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point f (f) an unelected member of government at European
Amendment 61 #
Proposal for a regulation Recital 34 (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which brings the political advertisement to the public.
Amendment 61 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested
Amendment 62 #
Proposal for a regulation Recital 34 (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency and due diligence requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political
Amendment 62 #
Proposal for a regulation Chapter II – title II TRANSPARENCY AND DUE DILIGENCE OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES
Amendment 63 #
Proposal for a regulation Recital 35 (35)
Amendment 64 #
Proposal for a regulation Recital 36 Amendment 64 #
Proposal for a regulation Article 4 – paragraph 1 a (new) Political advertising services shall be available only to a sponsor, or to a service provider acting on behalf of a sponsor, who is a citizen of the Union, or to a natural or legal person residing or established in the Union.
Amendment 65 #
Proposal for a regulation Recital 38 (38)
Amendment 65 #
Proposal for a regulation Article 5 – paragraph 2 2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions - including on due diligence - of this Regulation are complied with.
Amendment 66 #
Proposal for a regulation Recital 38 a (new) (38 a) For the purpose of labelling, every political advertisement should also contain the identity of the sponsor and, where applicable, the entity of person ultimately controlling the sponsor, and a clear indication of where a transparency notice with more detailed information can be found. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, clear and prominent, taking into account developments in relevant scientific research, innovations and best practice on the provision of transparency through the labelling of advertisements. Once the Commission, after the consultation of relevant stakeholders, establishes a harmonised design of the labels, political advertising publishers should adopt it as the standard design for the labelling of political advertisements. The label should always remain in place, for example even in the case of further dissemination, including in private messaging between individuals.
Amendment 66 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (b a) information on the targeting techniques used in the provision of the service;
Amendment 67 #
Proposal for a regulation Recital 39 (39) Th
Amendment 67 #
Proposal for a regulation Article 6 – paragraph 2 2. The information referred to in paragraph 1 shall be in writing and
Amendment 68 #
Proposal for a regulation Recital 39 a (new) (39 a) Before bringing the advertisement to the public domain, both sponsors and political advertising publishers should jointly ensure that the information in the label and in the transparency notice is complete and accurate. Withe regards to the information on the aggregated amount or the value of other benefits received by all political advertising service providers through all contracts in part or full exchange for the relevant advertisements and for the entire advertising campaigns where relevant as well as the information on the sources of these funds, the responsibility for the accuracy and completeness of the information should lie with the sponsor since they, as the payers in most cases, are best placed to have such information or be able to collect and verify it. The publisher should, however, also be responsible for the completeness of these pieces of information.
Amendment 68 #
Proposal for a regulation Article 6 – paragraph 2 2. The information referred to in paragraph 1 shall be in writing and
Amendment 69 #
Proposal for a regulation Recital 39 b (new) (39 b) If, after the publication of the political advertisement, the publisher becomes aware that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, the publisher should contact the sponsor or the relevant service providers to complete or correct that information. Until such information is corrected, the political advertising publisher should not make the political advertisement available or should discontinue it and inform the relevant service providers and the sponsor accordingly. If, after the publication of the politial advertisement, the sponsor or the providers of political advertising services other than publisher become aware that the information provided to or published by the publisher is incomplete or inaccurate, they should contact the publisher concerned without undue delay and provide complete or accurate information to the political advertising publisher.
Amendment 69 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the sponsor of the political advertisement including, where appropriate, in the case of European or national parties, the logo of the corresponding European political entity and the entity ultimately controlling the sponsor;
Amendment 70 #
Proposal for a regulation Recital 40 (40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The pre
Amendment 70 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved online.
Amendment 71 #
Proposal for a regulation Recital 40 (40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The pre
Amendment 71 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) the identity of the sponsor
Amendment 72 #
Proposal for a regulation Recital 40 (40) The
Amendment 72 #
Proposal for a regulation Article 7 – paragraph 4 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until
Amendment 73 #
Proposal for a regulation Recital 41 (41) Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published
Amendment 73 #
Proposal for a regulation Article 7 – paragraph 6 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2. The repositories of such publishers should be automatically updated on the website of the contact point designated by each Member State.
Amendment 74 #
Proposal for a regulation Recital 42 (42) Since political advertising publishers make political advertisements available to the public, they should p
Amendment 74 #
Proposal for a regulation Article 7 a (new) Article 7 a Single European political advertising repository 1. A Single European political advertising repository shall be created, developed, updated and maintained by the European Commission in order to publish the transparency notices in accordance with Article 6. 2. The repository shall include a list of the campaigns and electoral periods communicated by the Member States in accordance with Article 17. It shall allow, where applicable, each transparency notice to be directly linked to each relevant election, referendum or campaign as well as the possibility to systematically download transparency notices in form of a user-friendly data set. 3. For the publication of transparency notices, the Commission shall charge political advertising publishers a fee established on the basis of the revenue generated from political advertising, while exempting from such a fee micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. 4. The revenue generated from such fees should be entirely dedicated to the development, update and maintenance of the Single European political advertising repository. 5. The Commission is empowered to adopt delegated acts in accordance with Article 19 supplementing this Regulation by establishing a proportionate scale of contributions for the publication of transparency notices, while ensuring that minimal administrative burden is put on political advertising publishers.
Amendment 75 #
Proposal for a regulation Recital 42 a (new) (42 a) Given the context of political advertisement and its impact on democratic processes, it requires further public accountability and regulatory supervision to enable individuals to make informed political decisions free from interference or manipulation. A European advertisement repository is therefore established to ensure public access to advertisements presented on online interfaces of all political advertisement publishers, which are not very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA], to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public security, civil discourse, political participation, equality and free and fair elections or referendums.
Amendment 75 #
Proposal for a regulation Article 9 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals to notify them, free of charge and anonymously, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 76 #
Proposal for a regulation Recital 45 (45) Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use
Amendment 76 #
Proposal for a regulation Article 9 – paragraph 4 a (new) 4 a. Where the mechanisms stipulated in paragraph 1 are not available, the competent authorities of the Member States shall enable individuals to notify them, directly and free of charge, that a particular advertisement does not comply with this Regulation. Member States shall designate a single authority competent to receive and process such reports.
Amendment 77 #
Proposal for a regulation Recital 62 (62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should
Amendment 77 #
Proposal for a regulation Article 11 – paragraph 5 5. Where requests pursuant to paragraph 1 are manifestly unfounded, unclear or excessive, in particular because of their lack of clarity or repeated, the service provider may refuse to respond. In this case, the relevant service provider shall send a reasoned response to the interested entity making the request.
Amendment 78 #
Proposal for a regulation Recital 63 (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties or rectifications applicable to providers of political advertising services as well as sponsors, where relevant. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Articles 5 and 7 for the effective pursuit of the objectives of the present Regulation should be taken into account and infringements of these Articles should be regarded as particularly serious. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible.
Amendment 78 #
Proposal for a regulation Article 11 a (new) Amendment 79 #
Proposal for a regulation Recital 66 Amendment 79 #
Proposal for a regulation Article 14 – paragraph 1 1. Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services. Member States shall keep publicly available registers of all legal representatives registered on their territory under this Regulation.
Amendment 80 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) harmonised transparency and due diligence obligations for sponsored providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 80 #
Proposal for a regulation Article 14 – paragraph 1 1. Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services. They shall transmit the identity and contact details of their legal representative to the European Cooperation Network on Elections.
Amendment 81 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the use of any personal data.
Amendment 81 #
Proposal for a regulation Article 15 – paragraph 7 a (new) 7 a. The contact point shall prepare an inventory and post-election analysis of political advertisements made during the election period. The publication of these elements shall be made within six months after the election date.
Amendment 82 #
Proposal for a regulation Article 1 – paragraph 3 – point a (a) to contribute to the proper functioning of the internal market for political advertising and related services
Amendment 83 #
Proposal for a regulation Article 1 – paragraph 3 – point a (a) to contribute to the proper, safe and transparent functioning of the internal market for political advertising and related services;
Amendment 84 #
Proposal for a regulation Article 1 – paragraph 3 – point b (b) to
Amendment 85 #
Proposal for a regulation Article 1 – paragraph 4 a (new) Amendment 86 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, purchase, placement, promotion, publication or dissemination, by any means, in return for a direct payment or any other equivalent remuneration, of a message:
Amendment 87 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, in return for a direct payment or any other equivalent remuneration of a message:
Amendment 88 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, against direct payment or equivalent remuneration of a message:
Amendment 89 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, p
Amendment 90 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point a Amendment 91 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point a (a) by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature;
Amendment 92 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b Amendment 93 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is liable, planned and intended to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 94 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is li
Amendment 95 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b – indent 1 (new) - It shall not include political views or other editorial content expressed under the editorial responsibility of a service provider in the programmes of audio- visual media, including linear or non- linear broadcasts, or published in printed or online media, unless the service provider has been remunerated by a third party for the political advertisement.
Amendment 96 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b a (new) (b a) which is likely to influence public opinion on broad political issues.
Amendment 97 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) 2 a. Content provided under editorial responsibility of a media service provider pursuant to Article 1 paragraph 1, letters c and d of Directive 2010/13/EU and by licensed radio or audio providers shall not be covered by the term political advertising. The term political advertising shall also not apply to political views or other editorial content expressed under the editorial responsibility of a provider of printed or online media, unless the provider has been paid or remunerated by a third party for such content.
Amendment 98 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) 2 a. It shall not include political views or other editorial content expressed under the editorial responsibility of a service provider, in the programmes of audio and audiovisual media, including linear or non-linear broadcasts, or published in printed or online media.
Amendment 99 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 3. ‘political advertisement’ means: a
source: 736.395
2022/09/16
JURI
399 amendments...
Amendment 100 #
Proposal for a regulation Recital 11 (11) Member States should not
Amendment 101 #
Proposal for a regulation Recital 12 Amendment 102 #
Proposal for a regulation Recital 13 Amendment 103 #
Proposal for a regulation Recital 14 Amendment 104 #
Proposal for a regulation Recital 14 (14) The Regulation should provide for harmonised transparency requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should
Amendment 105 #
Proposal for a regulation Recital 14 (14) The Regulation should provide for harmonised transparency requirements applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration) on EU territory; those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed or published by
Amendment 106 #
Proposal for a regulation Recital 15 Amendment 107 #
Proposal for a regulation Recital 15 (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplification. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country. This definition should not cover messages of private or commercial nature including cases where a commercial stakeholder expresses support to a political topic for branding purposes.
Amendment 108 #
Proposal for a regulation Recital 15 (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and a
Amendment 109 #
Proposal for a regulation Recital 16 Amendment 110 #
Proposal for a regulation Recital 16 (16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly, upon financial remuneration, for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 111 #
Proposal for a regulation Recital 17 Amendment 112 #
Proposal for a regulation Recital 17 (17) The publication or dissemination
Amendment 113 #
Proposal for a regulation Recital 17 (17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. This should notably apply in cases where political advertising publishers act as sponsors of a content they generate themselves that is likely to produce the same effect than political advertising. Commercial advertising, although generally outside the scope of this Regulation, is also likely in specific situations to affect individuals’ behaviour with regard to legislative or regulatory process or voting behaviour Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or
Amendment 114 #
Proposal for a regulation Recital 17 (17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated.
Amendment 115 #
Proposal for a regulation Recital 18 Amendment 116 #
Proposal for a regulation Recital 18 (18) Practical information
Amendment 117 #
Proposal for a regulation Recital 19 Amendment 118 #
Proposal for a regulation Recital 19 (19) Political views expressed
Amendment 119 #
Proposal for a regulation Recital 19 (19) Political views expressed in the programmes of audiovisual linear or non- linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation.
Amendment 120 #
Proposal for a regulation Recital 19 (19) Political views expressed in the programmes of audiovisual linear or non- linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation.
Amendment 121 #
Proposal for a regulation Recital 19 (19) Political views
Amendment 122 #
Proposal for a regulation Recital 19 a (new) Amendment 123 #
Proposal for a regulation Recital 20 Amendment 124 #
Proposal for a regulation Recital 21 Amendment 125 #
Proposal for a regulation Recital 21 (21) It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated
Amendment 126 #
Proposal for a regulation Recital 21 (21) It is necessary to define online political advertisement as an instance of online political advertising. Advertisements include the means by which the advertising message is communicated, including
Amendment 127 #
Proposal for a regulation Recital 22 Amendment 128 #
Proposal for a regulation Recital 23 Amendment 129 #
(23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations and their affiliated and subsidiary entities should also be included in that definition.
Amendment 130 #
Proposal for a regulation Recital 24 Amendment 131 #
Proposal for a regulation Recital 24 (24) An advertising campaign should refer to the
Amendment 132 #
Proposal for a regulation Recital 24 (24) An advertising campaign should refer to the preparation, publication and dissemination of a series of linked advertisements in the course of a contract for online political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle.
Amendment 133 #
Proposal for a regulation Recital 25 Amendment 134 #
Proposal for a regulation Recital 26 Amendment 135 #
Proposal for a regulation Recital 26 (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the
Amendment 136 #
Proposal for a regulation Recital 27 Amendment 137 #
Proposal for a regulation Recital 27 (27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for, directly or by means of an equivalent payment, by another person.
Amendment 138 #
Proposal for a regulation Recital 27 (27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for either by another or by themselves.
Amendment 139 #
Proposal for a regulation Recital 28 Amendment 140 #
Proposal for a regulation Recital 29 Amendment 141 #
Proposal for a regulation Recital 30 Amendment 142 #
Proposal for a regulation Recital 30 (30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls
Amendment 143 #
Proposal for a regulation Recital 30 (30) The transparency requirements should also
Amendment 144 #
Proposal for a regulation Recital 31 Amendment 145 #
Proposal for a regulation Recital 31 (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas without interference by the authorities and regardless of borders. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are necessary, justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers.
Amendment 146 #
Proposal for a regulation Recital 32 Amendment 147 #
Proposal for a regulation Recital 33 Amendment 148 #
Proposal for a regulation Recital 33 (33) The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided,
Amendment 149 #
Proposal for a regulation Recital 34 Amendment 150 #
Proposal for a regulation Recital 34 (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency and due diligence requirements including to ease their oversight, providers of political advertising services should ensure that any political advertisement is labelled as such and that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is received from and/or provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient
Amendment 151 #
Proposal for a regulation Recital 35 Amendment 152 #
Proposal for a regulation Recital 36 Amendment 153 #
Proposal for a regulation Recital 36 (36) Steps could also include providing an efficient mechanism for individuals to indicate that a political advertisement is political, regardless if it relates to an electoral cycle, a legislative or regulatory process or to apolitical message disseminated at any time on broad societal issues, and taking effective action in response to such indications.
Amendment 154 #
Proposal for a regulation Recital 37 Amendment 155 #
Proposal for a regulation Recital 37 (37) While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content shared by natural or legal persons
Amendment 156 #
Proposal for a regulation Recital 38 Amendment 157 #
Proposal for a regulation Recital 38 (38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor, regardless if the political advertisement relates to an electoral cycle, a legislative or regulatory process or to political messages disseminated at any time on broad societal issues. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement.
Amendment 158 #
Proposal for a regulation Recital 38 (38) Transparency of online political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement.
Amendment 159 #
Proposal for a regulation Recital 39 Amendment 160 #
Proposal for a regulation Recital 39 (39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process, regardless if the political advertisement relates to an electoral cycle, a legislative or regulatory process or to political messages disseminated at any time on broad societal issues. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital
Amendment 161 #
Proposal for a regulation Recital 40 Amendment 162 #
Proposal for a regulation Recital 41 Amendment 163 #
Proposal for a regulation Recital 41 (41) Transparency notices should be designed to raise user awareness and help the clear and readily accessible identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements
Amendment 164 #
Proposal for a regulation Recital 41 (41) Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of
Amendment 165 #
Proposal for a regulation Recital 41 (41) Transparency notices should be designed to raise user awareness and help the clear identification of the online political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of one year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher.
Amendment 166 #
Proposal for a regulation Recital 41 a (new) (41 a) In order to ensure a harmonised approach to the publication of the transparency notices, increase overall transparency, further facilitate cross- border political advertising, and reduce the publication costs for the political advertising publishers, a single European repository for transparency notices should be developed, updated and maintained by the European Commission, in broad consultation with relevant stakeholders, in particular with the European Cooperation Network on Elections. The repository should also include a list of all electoral periods, which would be communicated by the Member States, as well as a unified mechanism for reporting political advertisements in accordance with the procedure established in this Regulation. The costs for developing, updating and maintaining the repository should be covered by a fee based on a portion of the revenue generated by political advertisements to the benefit of political advertising publishers. In order to establish a fair level of contributions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the scale of such contributions.
Amendment 167 #
Proposal for a regulation Recital 42 Amendment 168 #
Proposal for a regulation Recital 42 (42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. Where political advertising publishing become aware that a political advertisement does not comply with the transparency requirements, it should discontinue the publication or dissemination until the information is completed or corrected. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape, as well as the dissemination at any time of political messages on broad societal issues.
Amendment 169 #
Proposal for a regulation Recital 43 Amendment 170 #
Proposal for a regulation Recital 44 Amendment 171 #
Proposal for a regulation Recital 44 (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(1), (2) and (3) of Directive 2013/34/EU.
Amendment 172 #
Proposal for a regulation Recital 44 (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(1)-(3) of Directive 2013/34/EU.
Amendment 173 #
Proposal for a regulation Recital 44 (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully
Amendment 174 #
Proposal for a regulation Recital 45 Amendment 175 #
Proposal for a regulation Recital 45 a (new) (45 a) The political advertising publishers should make reasonable efforts to address in a timely, diligent and objective manner the notifications received pursuant to this Regulation, by contacting the relevant service providers and, as relevant, the sponsor. The political advertising publisher should inform the author of the notification and the service providers concerned of the follow up given to the notification and provides information on redress possibilities, including under Directive (EU) 2020/1828 of the European Parliament and of the Council, in respect of the advertisement to which the notification relates. Where a notification contains sufficient information to enable a diligent provider of political advertising services to identify, without a detailed examination and complex contact process, that it is clear that information is missing or incomplete, the political advertising publisher should act without undue delay.
Amendment 176 #
Proposal for a regulation Recital 46 Amendment 177 #
Proposal for a regulation Recital 46 (46) In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists
Amendment 178 #
Proposal for a regulation Recital 47 Amendment 179 #
Proposal for a regulation Recital 47 (47) Personal data collected directly from individuals, or indirectly such as inferred data, when grouping individuals
Amendment 180 #
Proposal for a regulation Recital 47 (47) Personal data collected directly from individuals, or indirectly such as observed or inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’
Amendment 181 #
Proposal for a regulation Recital 48 Amendment 182 #
(48) Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 is a high risk activity and should therefore be prohibited
Amendment 183 #
Proposal for a regulation Recital 48 (48) Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 is a high risk activity and should therefore be prohibited
Amendment 184 #
Proposal for a regulation Recital 48 (48) Targeting and a
Amendment 185 #
Proposal for a regulation Recital 49 Amendment 186 #
Proposal for a regulation Recital 49 Amendment 187 #
Amendment 188 #
Proposal for a regulation Recital 49 (49) In order to ensure enhanced transparency and accountability, when making use of targeting and a
Amendment 189 #
Proposal for a regulation Recital 50 Amendment 190 #
Proposal for a regulation Recital 50 Amendment 191 #
Proposal for a regulation Recital 50 Amendment 192 #
Proposal for a regulation Recital 50 (50) Political advertising publishers making use of targeting or a
Amendment 193 #
Proposal for a regulation Recital 51 Amendment 194 #
Proposal for a regulation Recital 51 Amendment 195 #
Proposal for a regulation Recital 51 Amendment 196 #
Proposal for a regulation Recital 52 Amendment 197 #
Proposal for a regulation Recital 52 Amendment 198 #
Proposal for a regulation Recital 52 Amendment 199 #
Proposal for a regulation Recital 53 Amendment 200 #
Proposal for a regulation Recital 53 Amendment 201 #
Proposal for a regulation Recital 53 Amendment 202 #
Proposal for a regulation Recital 53 (53) Information to be provided in accordance with all requirements applicable to the use of targeting and a
Amendment 203 #
Proposal for a regulation Recital 54 Amendment 204 #
Proposal for a regulation Recital 54 Amendment 205 #
Proposal for a regulation Recital 54 Amendment 206 #
Proposal for a regulation Recital 55 Amendment 207 #
Proposal for a regulation Recital 56 Amendment 208 #
Proposal for a regulation Recital 56 (56) In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules and endow them with resources commensurate with such additional competences. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679, Regulation (EU)2018/1725 and Regulation (EU) 2021/xxx [Digital Services Act], different national judicial or administrative authorities may be designated to that effect.
Amendment 209 #
Proposal for a regulation Recital 57 Amendment 210 #
Proposal for a regulation Recital 58 Amendment 211 #
Proposal for a regulation Recital 58 (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679
Amendment 212 #
Proposal for a regulation Recital 58 (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679
Amendment 213 #
Proposal for a regulation Recital 58 (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered to effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations
Amendment 214 #
Proposal for a regulation Recital 58 (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States
Amendment 215 #
Proposal for a regulation Recital 59 Amendment 216 #
Proposal for a regulation Recital 59 (59) Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU) 2021/xxx [Digital Services Act], or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation. Supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may use the investigative and corrective powers laid down in that regulation.
Amendment 217 #
Proposal for a regulation Recital 59 (59) Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU) 2021/xxx [Digital Services Act], or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation. Supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may use the investigative and corrective powers laid down in that regulation.
Amendment 218 #
Amendment 219 #
Proposal for a regulation Recital 61 Amendment 220 #
Proposal for a regulation Recital 61 (61) With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services
Amendment 221 #
Proposal for a regulation Recital 62 Amendment 222 #
Proposal for a regulation Recital 62 (62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should
Amendment 223 #
Proposal for a regulation Recital 62 (62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should
Amendment 224 #
Proposal for a regulation Recital 63 Amendment 225 #
Proposal for a regulation Recital 63 (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned
Amendment 226 #
Proposal for a regulation Recital 63 (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned
Amendment 227 #
Proposal for a regulation Recital 63 (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative
Amendment 228 #
Proposal for a regulation Recital 64 Amendment 229 #
Proposal for a regulation Recital 65 Amendment 230 #
Proposal for a regulation Recital 65 (65) Member States should publish the exact duration of their electoral periods, established according to their legislation and electoral traditions, sufficiently in advance of the beginning of the electoral calendar.
Amendment 231 #
Proposal for a regulation Recital 66 Amendment 232 #
Proposal for a regulation Recital 66 Amendment 233 #
Proposal for a regulation Recital 67 Amendment 234 #
Proposal for a regulation Recital 67 (67) Within two years after each election to the European Parliament, the Commission should
Amendment 235 #
Proposal for a regulation Recital 67 (67) Within
Amendment 236 #
Proposal for a regulation Recital 68 Amendment 237 #
Proposal for a regulation Recital 69 Amendment 238 #
Proposal for a regulation Recital 70 Amendment 239 #
Proposal for a regulation Recital 71 Amendment 240 #
Proposal for a regulation Article 1 Amendment 241 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) harmonised transparency and due diligence obligations for providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 242 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) harmonised transparency obligations for providers of online political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 243 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the
Amendment 244 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the
Amendment 245 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of online political advertising that involve the use of personal data.
Amendment 246 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of
Amendment 247 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to online political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider
Amendment 248 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated online in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider
Amendment 249 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to political advertising
Amendment 250 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. Political content expressed, under the editorial responsibility of a service provider, in the programmes of audiovisual media shall not be considered to be political advertising when it is prepared, placed, promoted, published or disseminated without any form of remuneration from a third party;
Amendment 251 #
Proposal for a regulation Article 1 – paragraph 3 – point a (a) to
Amendment 252 #
Proposal for a regulation Article 1 – paragraph 3 – point b (b) to pro
Amendment 253 #
Proposal for a regulation Article 1 – paragraph 3 – point b a (new) (b a) to uphold the values on which the Union is founded as established by Article 2 TEU, in particular the respect for democracy and freedom, by guaranteeing that citizens can exercise their democratic rights in an informed manner and free from manipulation and to promote digital and media literacy among citizens.
Amendment 254 #
Proposal for a regulation Article 1 – paragraph 4 – introductory part 4. This Regulation complements and is without prejudice to the rules laid down in the following:
Amendment 255 #
Proposal for a regulation Article 1 – paragraph 4 – point g a (new) (g a) Regulation (EU)2016/679(GDPR);
Amendment 256 #
Proposal for a regulation Article 1 – paragraph 4 – point g a (new) (g a) Regulation(EU)2016/679(GDPR);
Amendment 257 #
Proposal for a regulation Article 1 – paragraph 4 – point g b (new) (g b) Regulation 2018/1725 (EUDPR)
Amendment 258 #
Proposal for a regulation Article 1 – paragraph 4 – point g b (new) (g b) Regulation 2018/1725(EUDPR)
Amendment 259 #
Proposal for a regulation Article 1 – paragraph 4 – point i (i) Regulation (EU) 202
Amendment 261 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination
Amendment 262 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message, unless it constitutes editorial content under the editorial responsibility of a media service provider or it is of a purely private or purely commercial nature:
Amendment 263 #
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means and for direct payment or equivalent consideration, of a message:
Amendment 264 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means and during an electoral period, of a message:
Amendment 265 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means
Amendment 266 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point a Amendment 267 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point a (a) by
Amendment 268 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b Amendment 269 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is liable to influence the outcome of
Amendment 270 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is liable to influence voting behaviour or the outcome of an election or referendum, a legislative or regulatory process
Amendment 271 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b a (new) (b a) which seeks to influence public opinion on broad societal issues.
Amendment 272 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point a Amendment 273 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point a a (new) (a a) a government, bodies of governments with or without legal personality, a local government, bodies of local governments with or without legal personality and public foundations thereof;
Amendment 274 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point a b (new) (a b) the European Parliament, national, regional and local parliaments;
Amendment 275 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point a c (new) (a c) a Union institution and its bodies with or without legal personality;
Amendment 276 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point a d (new) (a d) international and intergovernmental organisations;
Amendment 277 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point b Amendment 278 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point d Amendment 279 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point e Amendment 280 #
Amendment 281 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point g (g) a political campaign organisation with or without legal personality, established to
Amendment 282 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point h Amendment 283 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point h (h) a
Amendment 284 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point h a (new) (ha) any non-governmental organisation operating in the Union area and receiving public funds directly or indirectly;
Amendment 285 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 5. ‘political advertising service’ means a service consisting of political advertising
Amendment 286 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 5. ‘political advertising service’ means a service consisting of political advertising
Amendment 287 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. ‘political advertising campaign’ means the
Amendment 288 #
7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is
Amendment 289 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting
Amendment 290 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) Amendment 291 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State, as defined in national legislation, and during which the campaign activities are subject to specific rules;
Amendment 292 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. ‘electoral period’ means the period preceding
Amendment 293 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 Amendment 294 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 Amendment 295 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an
Amendment 296 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘political advertising publisher’ means a natural or legal person that, upon financial remuneration, broadcasts, makes available through an interface or otherwise brings to the online public domain political advertising
Amendment 297 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘political advertising publisher’ means a natural or legal person
Amendment 298 #
Amendment 299 #
Proposal for a regulation Article 2 a (new) Amendment 300 #
Proposal for a regulation Article 2 a (new) Article 2 a Identification of a political advertisement For the purpose of determining whether a message constitutes political advertising within the meaning of Article 2(2)(b), account shall be taken of all its features, and in particular of the following: (a) the content; (b) the language used to convey the message; (c) the means by which the message is promoted, published or disseminated; (d) the potential audience targeted by the sponsor; (e) the context in which the message is conveyed, including the period of dissemination such as electoral or referendum periods; (f) whether the message is designed to influence the relevant electorate; (g) the objective of the message (h) whether it responds to ethical journalistic practices and codes of conduct.
Amendment 301 #
Proposal for a regulation Article 3 Amendment 302 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States shall not
Amendment 303 #
Proposal for a regulation Article 3 a (new) Article 3 a Exemption of micro-undertakings The obligations laid down in this Regulation shall not apply to micro- undertakings qualified under art. 3 (1) of Directive 2013/34/EU.
Amendment 304 #
Proposal for a regulation Chapter II – title II TRANSPARENCY, DUE DILIGENCE AND ACCESSIBILITY OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES
Amendment 305 #
Proposal for a regulation Article 4 Amendment 306 #
Proposal for a regulation Article 4 – paragraph 1 Political advertising services shall be diligently provided in a transparent and accesible manner in accordance with the obligations laid down in Articles
Amendment 307 #
Proposal for a regulation Article 4 a (new) Article 4 a Accessibility Political advertising publishers shall ensure that political advertisements and the transparency obligations laid down in this Regulation are accessible to persons with disabilities by complying with relevant accessibility requirements laid down in Annex I of Directive (EU) 2019/881.
Amendment 308 #
Proposal for a regulation Article 5 Amendment 309 #
Proposal for a regulation Article 5 – paragraph 1 1. Providers of political advertising services shall request sponsors and providers of political advertising services acting on behalf of sponsors to declare whether the advertising service they request
Amendment 310 #
Proposal for a regulation Article 5 a (new) Article 5 a Due diligence by service providers Providers of advertising services shall do their best efforts to comply with all the requirements established in this Regulation to ensure that only political advertising meeting the requirements of Article 7 of this Regulation is published and disseminated.
Amendment 311 #
Proposal for a regulation Article 6 Amendment 312 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided and their sources; and
Amendment 313 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d)
Amendment 314 #
Proposal for a regulation Article 6 – paragraph 2 2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period
Amendment 315 #
Proposal for a regulation Article 6 – paragraph 2 2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall
Amendment 316 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 318 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. In the context of the provision of political advertising services, each political advertisement shall be made available
Amendment 319 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. In the context of the provision of political advertising services,
Amendment 320 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) a clear and straightforward statement to the effect that it is a political advertisement;
Amendment 321 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the sponsor of the political advertisement and the
Amendment 322 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice to enable the understanding by the recipient of the service of the wider context of the political advertisement and its aims
Amendment 323 #
Proposal for a regulation Article 7 – paragraph 1 – point c a (new) (c a) where applicable, a clear and straightforward statement that the advertisement is using targeting techniques on the use of personal data and information on the data processed for that purpose.
Amendment 324 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) the identity of the sponsor and contact details, including the place of establishment;
Amendment 325 #
Proposal for a regulation Article 7 – paragraph 2 – point a a (new) (a a) where applicable, the identity of the natural or legal person ultimately controlling the sponsor and their contact details, including the respective place of establishment;
Amendment 326 #
Proposal for a regulation Article 7 – paragraph 2 – point c Amendment 327 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of
Amendment 328 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) based among others on information received in line with Article 6(3), detailed information on the aggregated amounts spent or other benefits received in part or full exchange for the
Amendment 329 #
Proposal for a regulation Article 7 – paragraph 2 – point d (d) where applicable, a
Amendment 330 #
Proposal for a regulation Article 7 – paragraph 2 – point d a (new) Amendment 331 #
Proposal for a regulation Article 7 – paragraph 2 – point e (e)
Amendment 332 #
Proposal for a regulation Article 7 – paragraph 2 – point e a (new) (e a) where applicable, links to aggregate information on all advertisements that have been placed, promoted, published or disseminated on behalf of the same sponsor or political actor;
Amendment 333 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers
Amendment 334 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete
Amendment 335 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall make
Amendment 336 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete and accurate, and where they find this is not the case, they shall not make available the political advertisement.
Amendment 337 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3 a. Where the political advertising publisher becomes aware that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, the publisher shall make reasonable efforts including by contacting the sponsor or the relevant service providers, to complete or correct that information. Until such information is corrected, the political advertising publisher shall not make the political advertisement available or shall remove it, and shall inform the relevant service provider and the sponsor accordingly.
Amendment 338 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3 a. Should the sponsor or the providers of political advertising services identify that the information transmitted to or published by the political advertising publisher is incomplete or inaccurate, they shall contact the publisher concerned without undue delay and, as relevant, transmit complete or accurate information to the political advertising publisher.
Amendment 339 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3 a. The transparency requirements laid down in paragraphs 1 to 3, including the obligation of political advertising publishers not to make available a political advertisement in case the obligations provided by paragraphs 1 and 2 are not fulfilled, shall be subject to sanctions as provided by Article 16 of this Regulation.
Amendment 340 #
Proposal for a regulation Article 7 – paragraph 4 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible
Amendment 341 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers shall retain their transparency notices, together with any modifications, for a period
Amendment 342 #
Proposal for a regulation Article 7 – paragraph 6 6. Political advertising publishers which are very large online platforms
Amendment 343 #
Proposal for a regulation Article 7 – paragraph 6 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2 in real time as well as updated since the first publication of the advertisement and containing all versions of the advertisement.
Amendment 344 #
Proposal for a regulation Article 7 – paragraph 6 a (new) 6 a. Political advertising publishers which are not very large online platforms within the meaning of Article 25 of Regulation (EU)2022/xxx [Digital Services Act] and very large online search engines as defined in Article 2 of Regulation (EU) 2022/xxx [Digital Services Act] shall ensure that the information contained in the transparency notice is shared with the European library for political advertisements without undue delay. The library shall contain all versions of the advertisement. Information made available on the interface of political advertising publishers shall be provided in a machine-readable format according to common data structure and standards and accessible using a common application programming interface, developed by the Commission in consultation with relevant stakeholders.
Amendment 345 #
Proposal for a regulation Article 7 – paragraph 7 Amendment 346 #
Proposal for a regulation Article 7 – paragraph 7 7. Member States
Amendment 347 #
Proposal for a regulation Article 7 – paragraph 8 Amendment 348 #
Proposal for a regulation Article 7 – paragraph 8 Amendment 349 #
Proposal for a regulation Article 7 a (new) Article 7 a European library for political advertisements The Commission shall establish and manage a European library for political advertisements to host, archive and make publicly available the information specified in Annex II of political advertisements that are published over online platforms that are not very large online platforms within the meaning of Article 25 of Regulation xxx [Digital Services Act]and very large online search engines) as defined in Article 2 of Regulation xxx [Digital Services Act].
Amendment 350 #
Proposal for a regulation Article 8 Amendment 351 #
Proposal for a regulation Article 8 – paragraph 1 1.
Amendment 352 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 353 #
Proposal for a regulation Article 8 – paragraph 2 2. Paragraph 1 shall not apply to undertakings qualifying as micro, small and medium-sized enterprises under Article 3
Amendment 354 #
Amendment 355 #
Proposal for a regulation Article 9 – paragraph 1 Amendment 356 #
Proposal for a regulation Article 9 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals or entities to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 357 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 358 #
Proposal for a regulation Article 9 – paragraph 2 2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including for people with disabilities, even from the transparency notice.
Amendment 359 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 360 #
Proposal for a regulation Article 9 – paragraph 3 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. Notifiers shall not be obliged to provide personal data. The political advertising publisher shall inform individuals who choose to provide contact details of the
Amendment 361 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3 a. The political advertising publisher shall inform the interested parties of their observations and decisions related to the notification referred to in paragraph 1. The relevant publishers shall inform the interested parties on the redress mechanism related to the notification.
Amendment 362 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 363 #
Proposal for a regulation Article 9 – paragraph 4 a (new) 4 a. Political advertising publisher may suspend the processing of notices and complaints submitted by individuals and entities that frequently submit notices that are manifestly unfounded.
Amendment 364 #
Proposal for a regulation Article 9 – paragraph 4 a (new) 4 a. Where a political advertisement has been deemed unlawful by the political advertising publisher, the competent national authorities shall be informed.
Amendment 365 #
Proposal for a regulation Article 10 Amendment 366 #
Proposal for a regulation Article 10 – paragraph 1 Amendment 367 #
Proposal for a regulation Article 10 – paragraph 2 Amendment 368 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a. The provider of political advertising services must in turn inform the party contracting the advertising of the request for information from the competent authorities, providing them with a copy of the request.
Amendment 369 #
Proposal for a regulation Article 10 – paragraph 2 b (new) 2b. During an election period, the providers of political advertising services (including online providers) shall acknowledge receipt and provide the information requested by the competent authority within one working day;
Amendment 370 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 371 #
Proposal for a regulation Article 10 a (new) Article 10 a Due diligence for political advertising services 1. Providers of political advertising shall not be liable for the incorrect identification, referred to in Article 5, or incomplete or incorrect information, referred to in Articles 6 and 7, about each political advertisement, as long as the service providers demonstrate that they have: (a) made best efforts to identify all instances of political advertising, and (b) made best efforts to ensure the correctness and completeness of the information of all instances of political advertising; and (c) upon receiving and examining a notice submitted according to Article 9, to stop making available the unlawful political advertisement, and made best efforts to prevent their future incorrect uploads in accordance with points (a) and (b).
Amendment 373 #
Proposal for a regulation Article 11 – paragraph 1 Amendment 374 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Providers of political advertising services shall take the appropriate measures to transmit the information referred to in Article 6 to interested entities
Amendment 375 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 Amendment 376 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 377 #
Proposal for a regulation Article 11 – paragraph 2 – point b Amendment 378 #
Proposal for a regulation Article 11 – paragraph 2 – point b Amendment 379 #
Proposal for a regulation Article 11 – paragraph 2 – point c Amendment 380 #
Proposal for a regulation Article 11 – paragraph 2 – point d Amendment 381 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Amendment 382 #
Proposal for a regulation Article 11 – paragraph 3 Amendment 383 #
Proposal for a regulation Article 11 – paragraph 4 Amendment 384 #
Proposal for a regulation Article 11 – paragraph 4 4. When preparing the information to be provided pursuant to paragraph 1, the service provider may aggregate the relevant amounts or place them in a range,
Amendment 385 #
Proposal for a regulation Article 11 – paragraph 5 Amendment 386 #
Proposal for a regulation Article 11 – paragraph 6 Amendment 387 #
Proposal for a regulation Article 11 – paragraph 7 Amendment 388 #
Proposal for a regulation Article 11 – paragraph 7 a (new) 7 a. Any information provided under this Article shall be used only in respect of the matter for which it was requested, meaning the purpose stated in the request transmitted by the entity under paragraph 2 to the provider of political advertising services.
Amendment 389 #
Proposal for a regulation Chapter III – title III TARGETING AND A
Amendment 391 #
Proposal for a regulation Article 12 – title Specific requirements related to targeting and a
Amendment 392 #
Proposal for a regulation Article 12 – paragraph 1 1. Targeting or amplification techniques that involve the processing of personal data
Amendment 393 #
Proposal for a regulation Article 12 – paragraph 1 1. Targeting or amplification techniques that involve the processing of personal data
Amendment 394 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1 a. The prohibition in paragraph 1 shall not prevent sponsors, political advertising publishers or providers of advertising services from determining the recipients to whom political advertising are displayed on the basis of the context in which the advertisement is published.
Amendment 395 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 396 #
Proposal for a regulation Article 12 – paragraph 2 a (new) 2 a. Targeting techniques that involve the processing of provided personal data of minors shall be prohibited. Content for minors shall be prohibited to be the subject of targeting techniques.
Amendment 397 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 398 #
Amendment 399 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 400 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 401 #
Proposal for a regulation Article 12 – paragraph 6 6. Information to be provided in accordance with this provision shall be presented in a format which is easily accessible and, where technically feasible, machine readable , clearly visible and user- friendly, including for people with disabilities, even through the use of plain language.
Amendment 402 #
Proposal for a regulation Article 12 – paragraph 6 a (new) 6a. Publishers of online political advertising that are online platforms within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] shall provide the Digital Services Coordinator referred to in Article 38 of Regulation 2021/xxx, or the Commission, with real-time access to algorithms and associated data enabling the detection of possible biases liable to undermine fundamental rights, such as freedom of expression, and the impartiality of elections, or to prevent the censorship of legitimate political actors.
Amendment 403 #
Proposal for a regulation Article 12 – paragraph 7 Amendment 404 #
Proposal for a regulation Article 12 – paragraph 8 Amendment 405 #
Proposal for a regulation Article 12 – paragraph 8 Amendment 406 #
Proposal for a regulation Article 13 Amendment 407 #
Proposal for a regulation Article 13 Amendment 408 #
Proposal for a regulation Article 14 Amendment 409 #
Proposal for a regulation Article 14 – paragraph 1 1. Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in
Amendment 410 #
Proposal for a regulation Article 14 a (new) Amendment 412 #
Proposal for a regulation Article 15 – paragraph 1 1.
Amendment 413 #
Proposal for a regulation Article 15 – paragraph 1 1.
Amendment 414 #
Proposal for a regulation Article 15 – paragraph 2 2. Member States shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of Regulation
Amendment 415 #
Proposal for a regulation Article 15 – paragraph 3 3. Each Member State
Amendment 416 #
Proposal for a regulation Article 15 – paragraph 4 4. Competent authorities
Amendment 417 #
Proposal for a regulation Article 15 – paragraph 5 – introductory part 5. Competent authorities
Amendment 418 #
Proposal for a regulation Article 15 – paragraph 5 – point c (c) impose administrative
Amendment 419 #
Proposal for a regulation Article 15 – paragraph 5 – point c a (new) (c a) promote media and digital literacy programmes to foster the knowledge, skills and understanding that allow both, citizens and political advertising service providers, to engage effectively with the publication and dissemination of political advertising, and to ensure compliance with and the enforcement of this Regulation.
Amendment 420 #
Proposal for a regulation Article 15 – paragraph 6 6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant
Amendment 421 #
Proposal for a regulation Article 15 – paragraph 7 7. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation, and ensure good cooperation with other contact points and authorities at Union level.
Amendment 422 #
Proposal for a regulation Article 15 – paragraph 8 – introductory part 8. Where a provider of political advertising services is providing services in more than one Member State, or has its main establishment or a representative in a Member State but provides its main activities in another Member State,
Amendment 423 #
Proposal for a regulation Article 15 – paragraph 8 – point a Amendment 424 #
Proposal for a regulation Article 15 – paragraph 8 – point b Amendment 425 #
Proposal for a regulation Article 15 – paragraph 8 – point c Amendment 426 #
Proposal for a regulation Article 15 – paragraph 8 – point c (c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and with
Amendment 427 #
Proposal for a regulation Article 15 – paragraph 8 – point c a (new) (ca) during an election period, any urgent interim measures to avert a breach of this Regulation, possible biases or restrictions liable to undermine fundamental rights, such as freedom of expression, and the impartiality of elections or to prevent the censorship of legitimate political actors.
Amendment 428 #
Proposal for a regulation Article 15 – paragraph 9 9. Contact points shall
Amendment 429 #
Proposal for a regulation Article 15 – paragraph 9 9. Contact points shall meet
Amendment 431 #
Proposal for a regulation Article 16 – paragraph 1 1.
Amendment 432 #
Proposal for a regulation Article 16 – paragraph 1 1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules
Amendment 433 #
Proposal for a regulation Article 16 – paragraph 3 – point a (a) the nature, gravity, recurrence and duration of the infringement;
Amendment 434 #
Proposal for a regulation Article 16 – paragraph 4 4. Infringements of Article
Amendment 435 #
Proposal for a regulation Article 16 – paragraph 5 5. If a service provider intentionally or negligently infringes the provisions of this regulation, for the same or linked political advertising, the total amount of the administrative fine shall be sufficiently adjustable in order to take into account all the relevant factors; the fact that the Regulation has been violated in multiple respects shall be reflected in the amount of the total fine, in compliance with the principle of proportionality. In addition to or instead of an administrative fine the supervisory authorities may order a sponsor to suspend political advertising, and a political advertising publisher or provider of advertising services not to publish or disseminate political advertisements on behalf of that sponsor, for a limited period of time.
Amendment 436 #
Proposal for a regulation Article 16 – paragraph 5 5. If a service provider intentionally or negligently infringes the provisions of this regulation, for the same or linked political advertising, the total amount of the administrative fine shall be sufficiently adjustable in order to take into account all the relevant factors; the fact that the Regulation has been violated in multiple respects shall be reflected in the amount of the total fine, in compliance with the principle of proportionality. If the sponsor were to provide information that could not be identified by the service provider as manifestly incorrect, resulting in a breach of this regulation, then the sponsor alone should be penalised.
Amendment 437 #
Proposal for a regulation Article 16 – paragraph 6 Amendment 438 #
Proposal for a regulation Article 16 – paragraph 6 6. For infringements of the obligations laid down in Article 12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may use the investigative and corrective powers laid down in that regulation and within their scope of competence impose administrative fines in line with Article 83 of Regulation (EU) 2016/679 and up to the
Amendment 439 #
Proposal for a regulation Article 16 – paragraph 7 Amendment 440 #
Proposal for a regulation Article 16 a (new) Article 16 a Right to lodge a complaint 1. Without prejudice to any other administrative or judicial remedy, every natural or legal person shall have the right to lodge a complaint before the competent authorities exercising their supervisory tasks in relation to this Regulation, if the natural or legal person considers that their fundamental rights, the right to an explanation or any other of the rights deriving from this Regulation have been breached by the political advertising service provider. Such complaint may be lodge through a representative action for the protection of the collective interests of consumers as provided under Directive (EU) 2020/1828. 2. Natural or legal persons shall have a right to be heard in the complaint handling procedure and in the context of any investigations conducted as a result of their complaint. 3. The competent authorities exercising their supervisory tasks in relation to this Regulation with which the complaint has been lodged shall inform the complainants about the progress and outcome of their complaint.
Amendment 441 #
Proposal for a regulation Article 17 Amendment 442 #
Proposal for a regulation Article 17 a (new) Amendment 443 #
Proposal for a regulation Article 17 b (new) Article 17 1. No provider of political advertising services may ever censor, restrict, modify or delete a political actor’s publication, campaign, advertisement or message during the election campaign without the prior authorisation of the competent judicial authority in each Member State.
Amendment 444 #
Proposal for a regulation Article 17 c (new) Article 17c 2. A complaints and review mechanism shall be set up so that political actors who fall victim to the censorship, restriction, modification or deletion of their own publications or advertisements can appeal against that situation, hence guaranteeing the rights of the citizens and their political representatives. 2.1 In the case of European providers of political advertising services, the competent national authority shall be responsible for setting up the complaint and review mechanism and must ensure that the provider of the political advertising services remedies the injurious situation within 24 hours. 2.2 In the case of foreign providers of political advertising services, the European Commission shall be responsible for establishing the complaint and review mechanism which would reverse, within 24 hours, the injurious situation through its remedying by the provider of the political advertising services. 2.3 Should the European or foreign provider of political advertising services fail to remedy the situation within 24 hours, the national authorities or the European Commission may take the necessary steps to penalise that provider of political advertising services in line with the penalties provided for in Article 16 of this Regulation.
Amendment 445 #
Proposal for a regulation Article 18 Amendment 446 #
Proposal for a regulation Article 18 – paragraph 1 Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall
Amendment 447 #
Proposal for a regulation Article 18 – paragraph 1 Within
Amendment 448 #
Proposal for a regulation Article 19 Amendment 449 #
Proposal for a regulation Article 19 – paragraph 1 Amendment 450 #
Proposal for a regulation Article 19 – paragraph 2 Amendment 451 #
Proposal for a regulation Article 19 – paragraph 3 Amendment 452 #
Proposal for a regulation Article 19 – paragraph 4 Amendment 453 #
Proposal for a regulation Article 19 – paragraph 5 Amendment 454 #
Proposal for a regulation Article 20 Amendment 455 #
Proposal for a regulation Annex I Amendment 456 #
Proposal for a regulation Annex I – point d (d) any elect
Amendment 457 #
Proposal for a regulation Annex I – point h (h)
Amendment 458 #
Proposal for a regulation Annex II Amendment 459 #
Proposal for a regulation Annex II – subheading 1 Amendment 460 #
Proposal for a regulation Annex II – point a Amendment 461 #
Proposal for a regulation Annex II – point b Amendment 462 #
Proposal for a regulation Annex II – point c Amendment 463 #
Proposal for a regulation Annex II – point d Amendment 65 #
Proposal for a regulation Title 1 Amendment 66 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the transparency and targeting of online political advertising (Text with EEA relevance)
Amendment 67 #
Proposal for a regulation Title 1 Proposal for a
Amendment 68 #
Proposal for a regulation Recital 1 Amendment 69 #
Proposal for a regulation Recital 2 Amendment 70 #
Proposal for a regulation Recital 2 (2) Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross- border, but also raise novel and difficult regulatory and enforcement challenges, especially in terms of regulatory fragmentation across the Member States. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political
Amendment 71 #
Proposal for a regulation Recital 2 (2) Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces.
Amendment 72 #
Proposal for a regulation Recital 3 Amendment 73 #
Proposal for a regulation Recital 3 (3) The right of persons with disabilities and of the elderly to participate and be integrated in thepolitical and democratic life of the Union should be ensured. Given that it is normally provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of persons with disabilities.
Amendment 74 #
Proposal for a regulation Recital 4 Amendment 75 #
Proposal for a regulation Recital 4 (4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’), which remains subject to rights recognised in particular in Article 16 TFEU and Article 8 of the Charter of Fundamental rights of the European Union (‘Charter’) entitling everyone to the protection of personal data concerning them. It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. Additional transparency requirements should not lead to institutional or societal political actors being exposed to pressure by state institutions that could limit their freedom of expression. In addition to transparency measures, there is a need for increased media literacy to be promoted by Member States and relevant stakeholders, in particular as regards the political debate and elections.
Amendment 76 #
Proposal for a regulation Recital 4 (4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’), which remains subject to rights recognised in particular in Article 16 TFEU and Article 8 of the Charter of Fundamental rights of the European Union (‘Charter’) entitling everyone to the protection of personal data concerning them. It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. Additional transparency requirements should not lead to institutional or societal political actors being exposed to pressure by state institutions that could limit their freedom of expression. In addition to transparency measures, there is a need for increased media literacy to be promoted by Member States and relevant stakeholders, in particular as regards the political debate and elections.
Amendment 77 #
Proposal for a regulation Recital 4 (4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and to inform themselves accurately and objectively and to exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation or incomplete information, in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to inform themselves accurately and objectively and to make informed choices.
Amendment 78 #
Proposal for a regulation Recital 4 (4) T
Amendment 79 #
Proposal for a regulation Recital 4 a (new) (4 a) In order to ensure a proper application of this Regulation and enhance transparency, it is also needed that Members States and EU service providers contribute to enhance the digital and media literacy of the citizens. Digital and media literacy should be understood as the knowledge, skills and understanding that allow citizens to engage effectively with media and other information providers and with the relation to political advertising, acquiring a basic knowledge on the notions and skills required to ensure compliance with and enforcement of this Regulation.
Amendment 80 #
Proposal for a regulation Recital 5 Amendment 81 #
(5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used by sponsors, political advertising publishers or providers of advertising services either to address or disseminate a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Targeting techniques include delivery optimisation techniques used by political advertising publishers or providers of political advertising services to select and deliver political advertisements to specific recipients. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as democracy, fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. Targeting and amplification techniques which rely on personal data should therefore not be allowed.
Amendment 82 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification
Amendment 83 #
Proposal for a regulation Recital 5 (5) In the context of advertising, including political advertising, targeting techniques are frequently used. Targeting
Amendment 84 #
Proposal for a regulation Recital 6 Amendment 85 #
Proposal for a regulation Recital 6 (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. Moreover, at EU level, regulation in the area of political advertising services is fragmented and enforcement is uneven. Besides this, where action is being taken at a national level, this is not sufficient to make good the shortcomings in cross- border enforcement.
Amendment 86 #
Proposal for a regulation Recital 6 (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms, whether it is on the online environment that the dissemination of political advertising are particularly challenging and need to be reinforced in the regulation. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service
Amendment 87 #
Proposal for a regulation Recital 7 Amendment 88 #
Proposal for a regulation Recital 7 (7) To provide enhanced transparency of political advertising including to address citizens' concerns, some Member States have already explored or are considering additional measures to address the transparency of political advertising and to support a fair political debate and free and fair elections or referendums. These national measures are in particular considered for advertising published and disseminated online and may include further prohibitions. These measures vary from soft to binding measures and imply different
Amendment 89 #
Proposal for a regulation Recital 7 a (new) (7a) Most of the national rules that have been adopted are fragmented, particularly in terms of the relevant definitions and the nature of the obligations. For example, the definition of the concept of political advertising across Member States differs from one Member States to another, which creates difficulties when it comes to establishing whether the advertising qualifies as being political. There are also substantial differences in the regulation of the scope and content of the transparency obligations applicable to service providers offering services in connection with political advertising within Member States or across borders. What is more, fragmentation is expected to increase as Member States develop new rules to address the need to ensure the transparency of political advertising, especially against the backdrop of technological developments, which will contribute to reducing legal certainty both for political advertising service providers and for sponsors of political advertisements.
Amendment 90 #
Proposal for a regulation Recital 8 Amendment 91 #
Proposal for a regulation Recital 8 (8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services
Amendment 92 #
Proposal for a regulation Recital 8 (8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market,
Amendment 93 #
Amendment 94 #
Proposal for a regulation Recital 9 (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross- border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market, and also has a considerable impact on the level of accurate, objective and full information provided to EU citizens.
Amendment 95 #
Proposal for a regulation Recital 9 (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross- border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the
Amendment 96 #
Proposal for a regulation Recital 10 Amendment 97 #
Proposal for a regulation Recital 11 Amendment 98 #
Proposal for a regulation Recital 11 (11) Member States should not maintain or introduce, in their national laws,
Amendment 99 #
Proposal for a regulation Recital 11 (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising. The reasonable efforts undertaken by political advertising publishers to ensure that the transparency requirements are fulfilled, and the assessment of whether these efforts are actually reasonable, should be governed by a consistent set of due diligence requirements relevant to the context of political advertising.
source: 736.522
2022/09/19
IMCO
547 amendments...
Amendment 140 #
Proposal for a regulation Title 1 Proposal for a
Amendment 141 #
Proposal for a regulation Title 1 Proposal for a
Amendment 142 #
Proposal for a regulation Recital 1 (1) The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, “ad-tech” platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content such as product placement, influencers and other endorsements. Related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment or other forms of remuneration, including benefits in kind.
Amendment 143 #
Proposal for a regulation Recital 1 (1) The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, “ad-tech” platforms, public relations firms, influencers and various
Amendment 144 #
Proposal for a regulation Recital 2 (2) Political advertising can be disseminated or published through various means and media across borders
Amendment 145 #
Proposal for a regulation Recital 2 (2) Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces, online and offline. The latter are not only particularly prone to be offered cross-
Amendment 146 #
Proposal for a regulation Recital 4 (4) The need to ensure transparency and due diligence is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their
Amendment 147 #
Proposal for a regulation Recital 4 (4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature,
Amendment 148 #
Proposal for a regulation Recital 4 a (new) (4 a) Providers of advertising services which are intermediary service providers within the meaning of Regulation XXX [the DSA] involved in the presentation of political advertising on their interface or the interface of another service provider, including providers of programmatic advertising services, should establish, implement and publish tailored policies and measures to prevent the placement of political advertising together with disinformation. Such policies and measures should be subject to independent audits and should include review of targeting and amplification criteria, screening of the interfaces through which political advertising is to be presented, enhanced transparency to sponsors or providers of political advertising services acting on behalf of sponsors with regards to the placement of their advertising, as well as participation in wider disinformation demonetisation initiatives such as the Code of practice on disinformation.
Amendment 149 #
Proposal for a regulation Recital 4 b (new) (4 b) Publishers of political advertising should establish, implement and publish tailored policies and measures to prevent the publication of political advertising containing disinformation.
Amendment 150 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting, ad delivery and amplification techniques are frequently used. Targeting
Amendment 151 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting and ad delivery techniques are frequently used. Targeting
Amendment 152 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement.
Amendment 153 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of
Amendment 154 #
Proposal for a regulation Recital 5 a (new) (5 a) Targeting techniques and pervasive tracking have reached a level of sophistication that allows them to profile people's preferences while respecting the European legal framework preventing the use of sensitive data. Amplification techniques have been used not only to positively influence voters perception and behaviours but also negatively through the use of deception campaign to lower voters turnouts of specific groups. Both have influenced and distorted political debate and democratic consultation by using disinformation as well as malinformation, pushing forward to specific target audiences the most appropriate narrative fitting the objectives of the sponsors of those practices. This brings critical risks in the ongoing political and societal debates that need discussion and not confrontation.
Amendment 155 #
Proposal for a regulation Recital 5 a (new) (5 a) Given the power and the potential for the misuse of personal data when targeting, including through microtargeting and other advanced techniques, and delivering advertising online, the use of such techniques for the purpose of political advertising presents particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental rights to be informed in an objective, transparent and pluralistic way without increasing information asymmetry, polarisation and "filter bubbles" and be treated equally indifferent of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
Amendment 156 #
Proposal for a regulation Recital 5 b (new) (5 b) Technological progress through machine learning and fine tuning of algorithms to the service of attention- seeking economy are reinforcing personal views and biaises, thus undermining the basis of democratic life: the acceptance of others opinions and discussion. Regulators should thus have the tools to spot industry practices in the field of political advertising distorting democratic life and tackle them.
Amendment 157 #
Proposal for a regulation Recital 5 c (new) (5 c) Amplification techniques in the case of political advertising have the proven capacity to inflate disinformation at critical times in democratic processes and in very short delays. It should thus be considered as 'High-Risk AI systems' under the Artificial Intelligence Act.
Amendment 158 #
Proposal for a regulation Recital 6 (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation
Amendment 159 #
Proposal for a regulation Recital 6 (6)
Amendment 160 #
Proposal for a regulation Recital 6 a (new) (6 a) Providers of political advertising services should not discriminate against sponsors legally established in the Union on grounds of their place of residence or establishment, as it would harm the possibility for the conduction of cross- border political campaigns, essential to foster a European public sphere. Refusal to provide services in a Member State where providers of political advertising services do not conduct business does not constitute discrimination.
Amendment 161 #
Proposal for a regulation Recital 6 a (new) (6 a) The Code of Practice on disinformation of 2018, while signed by major online platforms and advertisers has note been able to alleviate concerns, and must therefore be completed by strong Internal market instruments harmonising political advertising rules, oversight and sanctions, but also strengthening data protections rules.
Amendment 162 #
Proposal for a regulation Recital 8 (8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers as a consequence of the disparity of compliance obligations, and requires complex compliance efforts and additional costs for relevant service providers.
Amendment 163 #
Proposal for a regulation Recital 8 (8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market,
Amendment 164 #
Proposal for a regulation Recital 9 (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross- border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, promotion, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market.
Amendment 165 #
Proposal for a regulation Recital 11 (11) Member States should not
Amendment 166 #
Proposal for a regulation Recital 11 (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular
Amendment 167 #
Proposal for a regulation Recital 12 (12) Full harmonisation of the transparency requirements should be without prejudice to the freedom of providers of political advertising services to provide on a voluntary basis further information on political advertising
Amendment 168 #
Proposal for a regulation Recital 13 (13) This Regulation should not affect the substantive content of political advertising nor
Amendment 169 #
Proposal for a regulation Recital 13 a (new) (13 a) The specific needs of micro, small and medium-size enterprises should be taken into account in the application and enforcement of this Regulation, in line with the principle of proportionality. The notion of micro, small and medium-sized enterprises should be understood within the meaning of Directive 2013/34/EU.
Amendment 170 #
Proposal for a regulation Recital 14 (14) The Regulation should provide for harmonised transparency and due diligence requirements applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and a
Amendment 171 #
Proposal for a regulation Recital 14 (14) The Regulation should provide for harmonised transparency requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication, delivery, and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination, delivery, or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed or published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination.
Amendment 172 #
Proposal for a regulation Recital 14 (14) The Regulation should provide for harmonised transparency requirement applicable to
Amendment 173 #
Proposal for a regulation Recital 14 a (new) (14 a) The specificities of the medium of publication or dissemination of the political advertisement should be taken into account in the application of this Regulation, in particular to adapt the modalities to television, radio and newspapers as the case may be, in compliance with EU law.
Amendment 174 #
Proposal for a regulation Recital 15 (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplification. This definition should cover the intention to influence, the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country.
Amendment 175 #
Proposal for a regulation Recital 16 (16) The definition of political advertising should include advertising published or disseminated directly or
Amendment 176 #
Proposal for a regulation Recital 16 (16) The definition of political advertising should include advertising presented, promoted, published or disseminated directly or indirectly by or presented, promoted, published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 177 #
(16) The definition of political advertising should include advertising p
Amendment 178 #
Proposal for a regulation Recital 16 (16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly, upon financial remuneration, for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 179 #
Proposal for a regulation Recital 17 (17) The publication or dissemination
Amendment 180 #
Proposal for a regulation Recital 17 (17) The promotion, publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour at Union, national, regional, local or at a political party level, should also constitute political advertising. In order to
Amendment 181 #
Proposal for a regulation Recital 17 (17) The publication or dissemination by other actors of a message that is liable and designed to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable and designed to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the sponsor of the message, the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or
Amendment 182 #
Proposal for a regulation Recital 17 (17) The publication, delivery or dissemination by other actors of a message that is li
Amendment 183 #
Proposal for a regulation Recital 17 (17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the intention to influence, the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 184 #
Proposal for a regulation Recital 17 a (new) (17 a) Communication of a political party with its members is an inherent part of the membership in a political party and should not constitute political advertising.
Amendment 185 #
Proposal for a regulation Recital 18 Amendment 186 #
Proposal for a regulation Recital 19 (19) Political views
Amendment 187 #
Proposal for a regulation Recital 19 (19)
Amendment 188 #
Proposal for a regulation Recital 19 (19) Political views expressed
Amendment 189 #
Proposal for a regulation Recital 19 (19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation. The Regulation shall not affect the media's editorial freedom or freedom of speech.
Amendment 190 #
Proposal for a regulation Recital 19 (19) Political views expressed or disseminated in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation.
Amendment 191 #
Proposal for a regulation Recital 20 (20) For the purpose of this Regulation, election should be understood as the elections to the European Parliament as well as
Amendment 192 #
Proposal for a regulation Recital 21 Amendment 193 #
Proposal for a regulation Recital 21 (21) It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated
Amendment 194 #
Proposal for a regulation Recital 22 (22) Political actors within the meaning of this Regulation should refer to concepts defined under Union law
Amendment 195 #
(23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level, as well as governments, parliaments, Union bodies and international or intergovernmental organisations. Other political organisations should also be included in that definition.
Amendment 196 #
Proposal for a regulation Recital 23 (23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations such as lobbying organisations and think tanks should also be included in that definition.
Amendment 197 #
Proposal for a regulation Recital 24 (24) An advertising campaign should refer to the preparation, placement, promotion, publication and dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle.
Amendment 198 #
Proposal for a regulation Recital 24 (24) An advertising campaign should refer to the preparation, publication and dissemination of a series of linked advertisements
Amendment 199 #
Proposal for a regulation Recital 25 (25) The definition of political advertising should not affect national definitions of political party, political aims or political campaign periods at national level.
Amendment 200 #
Proposal for a regulation Recital 26 (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation
Amendment 201 #
Proposal for a regulation Recital 27 (27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not
Amendment 202 #
Proposal for a regulation Recital 28 (28) Once an advertisement is indicated as being connected to political advertising, this should be clearly indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political advertisement, its further dissemination should still comply with transparency requirements. For instance, when
Amendment 203 #
Proposal for a regulation Recital 28 (28) Once an advertisement is indicated as being connected to political advertising, this should be clearly and without delay indicated to other
Amendment 204 #
Proposal for a regulation Recital 29 (29) The rules on transparency laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit or expected benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication or dissemination for the specific message, unless the user has been remunerated or received benefit in kind by a third party for the political advertisement.
Amendment 205 #
Proposal for a regulation Recital 29 (29) The rules on transparency laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication, delivery, or dissemination for the specific message, unless the user has been remunerated by a third party for the political advertisement.
Amendment 206 #
Proposal for a regulation Recital 30 (30) The transparency requirements should also not apply to the sharing of information through electronic interpersonal communication services such as electronic message services or telephone calls, as long as no political advertising service is involved. The transparency requirement should apply however, when making available information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the individual or entity providing the information being required, irrespective of whether those persons actually access the information in question. Accordingly, where access to information requires registration or admittance to a group of users, the transparency requirements only apply where users seeking to access the information are automatically registered or admitted without a human decision on whom to grant access.
Amendment 207 #
Proposal for a regulation Recital 30 (30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls
Amendment 208 #
Proposal for a regulation Recital 31 (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions
Amendment 209 #
Proposal for a regulation Recital 31 a (new) (31 a) Given the importance of political advertising, it is essential that this Regulation ensures a regulatory framework which ensures full, equal and unrestricted access to political advertising and its required transparency information for all recipients of services, including persons with disabilities. Therefore, it is important that accessibility requirements for providers of political advertising services are consistent with existing Union law, such as the European Accessibility Act and the Web Accessibility Directive and that Union law is further developed, so that no one is left behind as result of digital innovation.
Amendment 210 #
Proposal for a regulation Recital 31 a (new) (31 a) In view of the importance of political advertising for transparent democracies in the Union and stability of its internal market, all political actors should have equal access to political advertising. Therefore, Member States should, inter alia, financially support all political actors equally in political advertising.
Amendment 211 #
Proposal for a regulation Recital 32 (32) As regards online intermediaries, Regulation (EU) 2021/XX [Digital Services Act] applies to political advertisements published or disseminated by online intermediaries through horizontal rules applicable to all types of online advertising, including commercial and political advertisements. Based on the definition of political advertising established in this Regulation, it is appropriate to provide additional granularity of the transparency requirements laid out for advertising publishers falling under the scope of Regulation (EU) 2021/XX [Digital Services Act], notably very large platforms. This concerns in particular information related to the funding of political advertisements. The requirements of this Regulation leave unaffected the provisions of the Digital Services Act, including as regards risk assessment and mitigation obligations for very large online platforms as regards their advertising systems. To assist Member States and service providers, the Commission should provide guidelines on how to interpret the interaction between and complementary nature of different Union legal acts and this Regulation and how to prevent any duplication of requirements on providers or potential conflicts in the interpretation of similar requirements.
Amendment 212 #
Proposal for a regulation Recital 32 (32) As regards online intermediaries, Regulation (EU) 202
Amendment 213 #
Proposal for a regulation Recital 33 (33) The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers.
Amendment 214 #
Proposal for a regulation Recital 33 (33) The preparation, placement, promotion, publication, delivery, and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its
Amendment 215 #
Proposal for a regulation Recital 34 (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight and fairly distribute the responsibility for compliance, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is verified and provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should
Amendment 216 #
Proposal for a regulation Recital 34 (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which
Amendment 217 #
Proposal for a regulation Recital 36 (36) Steps could also include advertising publishers providing an efficient mechanism for individuals to indicate that a political advertisement is political,
Amendment 218 #
Proposal for a regulation Recital 37 (37) While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content shared organically by natural or legal persons
Amendment 219 #
Proposal for a regulation Recital 38 (38) Transparency of political advertising should enable
Amendment 220 #
Proposal for a regulation Recital 38 (38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement and obtain information about the sponsor and the political campaign it is a part of. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link, a QR code, or equivalent clear and user-friendly direction included in the advertisement.
Amendment 221 #
Proposal for a regulation Recital 38 (38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should
Amendment 222 #
Proposal for a regulation Recital 38 (38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is the most effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the
Amendment 223 #
Proposal for a regulation Recital 39 (39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The transparency notice should be available immediately when the advertising is published or disseminated, and the information it presents should be updated regularly, as relevant. The place of establishment of the sponsor and whether the sponsor is a natural or legal person, and whether it is a commercial or not-for-profit entity, should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the number of interactions with the political advertisement from public pages, public groups, or public figures, including the number of impressions and engagements, such as the number of reactions, shares or comments, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning
Amendment 224 #
Proposal for a regulation Recital 39 (39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act]. Providers of political advertising services should ensure that the information provided is complete and correct.
Amendment 225 #
Proposal for a regulation Recital 39 (39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated, as well as who is the entity ultimately controlling or funding the sponsor. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 202
Amendment 226 #
Proposal for a regulation Recital 40 (40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities. Where appropriate, political advertising in the form of audiovisual media should include subtitles for the deaf and hard of hearing, sign language interpretation, audio description and spoken subtitles.
Amendment 227 #
Proposal for a regulation Recital 40 (40)
Amendment 228 #
Proposal for a regulation Recital 40 (40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily, permanently and directly retrievable on the basis of an indication provided in the advertisement. The
Amendment 229 #
Proposal for a regulation Recital 41 (41) Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of
Amendment 230 #
Proposal for a regulation Recital 42 (42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation.
Amendment 231 #
(42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 3
Amendment 232 #
Proposal for a regulation Recital 42 a (new) (42 a) Political advertising publishers should make the information contained in the transparency notice available through a European Repository for Political Advertising. This repository should include, for each instance of political advertisement, a copy of it and the information available through the transparency rules laid down in this regulation. Information about removed political advertisement and the reason for its withdrawal should also be available in the repository. The repository, established by the Commission, will avoid the multiplication of burdens in the set up of the infrastructure to host this information, which would be particularly damaging for smaller providers. Use should be made of interoperability solutions and reporting duplications should be avoided. It should enable the public to search, in a single location, information about all political advertisements, and it should enable advanced searches by sponsor or election. This will facilitate the work of interested actors including researchers and journalists in their specific role to support and scrutinise free and fair elections or referendums and fair electoral campaigns, including by scrutinising the sponsors and sources of funding of political advertisement and analysing the political advertisement landscape.
Amendment 233 #
Proposal for a regulation Recital 42 a (new) (42 a) Ad repositories should include a set of minimum functionalities, as well as a set of minimum search criteria that enables users and researchers to perform customised searches to retrieve real-time data in standard format and allow for easier cross-platform comparison, research and monitoring. Those should include: access in real time to the repositories data; be comprehensive with data granularity on each individual advertising; designed and structure following commun standards and thus comparable; easily accessible, online and in machine-readable format; contain all the information requested in article 7 as well as annex I and II.
Amendment 234 #
Proposal for a regulation Recital 42 b (new) (42 b) In order to allow specific entities to play their role in democracies, it is appropriate to facilitate access through the European Repository for Political Advertising to interested actors such as vetted researchers, journalists, civil society organisations, open-source intelligence (OSINT) communities, and accredited election observers, in order to support the performance of their respective roles in the democratic process.
Amendment 235 #
Proposal for a regulation Recital 43 (43) Where the provider of the political advertising service which hosts or otherwise stores and provides the content of a political advertisement is separate from the provider of the political advertising service which controls the website or other interface which eventually
Amendment 236 #
Proposal for a regulation Recital 43 (43) Where the provider of the political advertising service which hosts or otherwise stores and provides the content of a political advertisement is separate from the provider of the political advertising service which controls the website or other interface which eventually
Amendment 237 #
Proposal for a regulation Recital 44 (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by
Amendment 238 #
Proposal for a regulation Recital 44 (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include at least information about expenditure on the targeting and amplification of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(
Amendment 239 #
Proposal for a regulation Recital 44 (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports
Amendment 240 #
Proposal for a regulation Recital 45 (45) Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be directly and permanently accessible from the advertisement itself, from the label and from the transparency notice, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article 1
Amendment 241 #
Proposal for a regulation Recital 46 Amendment 242 #
Proposal for a regulation Recital 46 (46) In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are
Amendment 243 #
Proposal for a regulation Recital 46 a (new) (46 a) Given the context of political advertisement and its impact on democratic processes, it requires further public accountability and regulatory supervision to enable individuals to make informed political decisions free from interference or manipulation. A European advertisement repository is therefore established to ensure public access to advertisements presented on online interfaces of all political advertisement publishers to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public security, civil discourse, political participation, equality and free and fair elections or referendums. The repository should include the information contained in the transparency notice, using the data fields of Annex I and Annex IIa(new). This information should include both information about targeting criteria and delivery criteria.). The European Regulators Group for Audiovisual Media Services should be in possession of all the necessary resources, in terms of staffing, expertise, and financial means, for the establishment and maintenance of the European advertisement repository. It should establish, in collaboration with the Commission, the industry and independent experts, technical standards for APIs for the automatic transmission of the information contained in transparency notices to the repository.
Amendment 244 #
Proposal for a regulation Recital 46 b (new) (46 b) In order to ensure verification by independent experts to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad, political advertising publishers which are very large online platforms or very large online search engines within the meaning of Regulation (EU) 2021/XXX[Digital Services Act] should be accountable, through independent auditing, for their compliance with the obligations laid down by this Regulation. Regulation (EU) 2022/xxx [the DSA] should apply to the process, the characteristics of the organisations performing the audit, the structure of the report and the implementation of the recommendations contained therein. In order to ensure that independent audits are carried out in an effective and efficient manner, they should at least be performed on compliance with the obligations set out in Chapter II and III of this Regulation, and in particular the accuracy of the identification and labelling of political advertisements in accordance with Article 5, the completeness, methodology and consistency of the record-keeping obligations as set out in Article 6, the accuracy and completeness of transparency notices in accordance with Article 7, the completeness, methodology and consistency of the periodic reporting obligations in accordance with Article 8, and the accuracy and completeness of the information transmitted to the European Political Advertisement Repository in accordance with Article 11a (new). Audits should be performed at least on an annual basis. However, where a competent authority has reasons to suspect that a provider infringed this Regulation, it may request an additional audit on specific elements.
Amendment 245 #
Proposal for a regulation Recital 48 a (new) (48 a) A core part of political advertisement publishers’ business is the manner in which information is prioritised and presented on their online interface. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by sponsors or political advertisement services. Such recommender systems play an important role in the amplification of certain messages, the dissemination of political advertisements and the stimulation of online behaviour. They can also contribute to significant risks, ranging from the recommendation of advertisements that are themselves illegal content, to contributing to financial incentives for the publication or amplification of otherwise harmful content and activities online, such as the spread of disinformation, or the discriminatory presentation of advertising with an impact on voting behaviour. Consequently, the amplification of political advertising, based on fully or partially automated techniques that are used to suggest or prioritise a political advertisement to increase its circulation, reach or visibility, should be prohibited.
Amendment 246 #
Proposal for a regulation Recital 49 Amendment 247 #
Proposal for a regulation Recital 49 (49) In order to ensure enhanced transparency and accountability, when making use of targeting and a
Amendment 248 #
Proposal for a regulation Recital 50 (50) Political advertising publishers making use of targeting or a
Amendment 249 #
Proposal for a regulation Recital 50 (50) Political advertising publishers making use of targeting or amplification techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and
Amendment 250 #
Proposal for a regulation Recital 51 (51) In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to object or withdraw their consent vis-a-vis the controller as well as third party controllers, when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or
Amendment 251 #
Proposal for a regulation Recital 53 (53) Information to be provided in accordance with all requirements applicable to the use of targeting and amplification techniques under this Regulation should be presented in a format which is easily accessible, complete, clearly visible and user-friendly, including through the
Amendment 252 #
Proposal for a regulation Recital 53 (53) Information to be provided in accordance with all requirements applicable to the use of targeting and a
Amendment 253 #
Proposal for a regulation Recital 54 (54) It is appropriate to lay down rules on the transmission of information on targeting and amplification to other interested entities. The applicable regime should be consistent with the regime for the transmission of information linked to the transparency requirements.
Amendment 254 #
Proposal for a regulation Recital 55 (55)
Amendment 255 #
Proposal for a regulation Recital 58 (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725, and Regulation (EU) 2022/xxx [Digital Services Act] Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures
Amendment 256 #
Proposal for a regulation Recital 58 (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States
Amendment 257 #
Proposal for a regulation Recital 60 (60) Authorities competent for the oversight of this Regulation should cooperate with each other both at national and at EU level making best use of existing structures including national cooperation networks, the European Cooperation Network on Elections as referred to in Recommendation C(2018) 5949 final, the European Board for Digital Services as referred to in Regulation (EU) 2022/xxx [Digital Services Act] and the European Regulators Group for Audiovisual Media Services established under Directive 2010/13/EU. Such cooperation should facilitate the swift, secured exchange of information on issues connected to the exercise of their supervisory and enforcement
Amendment 258 #
Proposal for a regulation Recital 60 (60) The European Coordination Network for Political Advertisement should facilitate cross-border cooperation and the swift and secured exchange of information for contact points established in accordance with this Regulation. Authorities competent for the oversight of this Regulation should cooperate with each other both at national and at EU level making best use of
Amendment 259 #
(61) With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services are not subject to any disproportionate burdens, it is necessary to set certain conditions that those requests should meet. In the interest of the timely oversight of an election process in particular, providers of political advertising services should quickly respond to requests from competent authorities, and always within 10 working days upon receipt of the measure , for VLOPs within two working days upon receipt of the measure. During the last month of the electoral campaign or a referendum, infringement of the provisions of this Regulation should be considered to negatively and severely affect individuals’ rights. Therefore political advertising services should provide the requested information within 24 hours. . In the interest of legal certainty and in compliance with the rights of defence, requests to provide information from a competent authority should contain an adequate statement of reasons and information about available redress. Providers of political advertising services should designate contact points for the interaction with the competent authorities. Such contact points could be electronic.
Amendment 260 #
Proposal for a regulation Recital 62 Amendment 261 #
Proposal for a regulation Recital 62 (62) In order to ensure a consistent application of this Regulation, it is necessary to set up an independent European Coordination Network at Union level, which should support and help coordinate the actions of competent authorities. Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point is
Amendment 262 #
Proposal for a regulation Recital 62 (62) Member States should designate a national contact point at Union level for the purpose of this Regulation. The contact point
Amendment 263 #
Proposal for a regulation Recital 65 (65) Member States should publish the exact duration of their electoral periods, established according to their electoral traditions, sufficiently in advance of the beginning of the electoral calendar. Providers of advertising services and political advertising publishers should refer to these publications in order to ascertain whether an electoral period is underway in any given jurisdiction.
Amendment 264 #
Proposal for a regulation Recital 66 Amendment 265 #
Proposal for a regulation Recital 66 (66) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Articles 7(1a) and 7(7) to further specify the form in which the requirements for the transparency labelling and the provision of information in the transparency notices according to that Article should be provided; and in respect
Amendment 266 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part 1. This Regulation lays down harmonised rules on:
Amendment 267 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) harmonised transparency and due diligence obligations for providers of political advertising and related services, including sponsors and publishers of political advertising, to retain, disclose, verify, and publish information connected to the provision of such services;
Amendment 268 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) harmonised transparency and due diligence obligations for sponsors and providers of political advertising and related services
Amendment 269 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) harmonised transparency obligations for sponsors, providers of political advertising and related services, including publishers, to retain, disclose and publish information connected to the provision of such services;
Amendment 270 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a)
Amendment 271 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the use and processing of personal data.
Amendment 272 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and a
Amendment 273 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b)
Amendment 274 #
Proposal for a regulation Article 1 – paragraph 1 – point b a (new) (b a) harmonised rules on the use of personal data for the purposes of online political advertising in order to complement the application of Regulation 2016/679 and Regulation 2018/1725.
Amendment 275 #
Proposal for a regulation Article 1 – paragraph 1 – point b a (new) (b a) the implementation and enforcement of this Regulation, including as regards the cooperation of and coordination between the competent authorities.
Amendment 276 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to political advertising sponsored, prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, the sponsor of the services, and irrespective of the means used.
Amendment 277 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to paid political advertising prepared, placed,
Amendment 278 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated online in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider
Amendment 279 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider
Amendment 280 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to political advertising prepared, placed, promoted, published, delivered or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider
Amendment 281 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. Political views and opinions expressed under the editorial responsibility of a service provider, in the programmes of audio and audiovisual media, or published in print or online media shall not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication or dissemination.
Amendment 282 #
Proposal for a regulation Article 1 – paragraph 3 – point a Amendment 283 #
Proposal for a regulation Article 1 – paragraph 3 – point a a (new) (a a) to set out rules for a safe, predictable and trusted market of political advertising and related services, ensuring that fundamental rights and freedoms enshrined in the Charter are effectively protected
Amendment 284 #
Proposal for a regulation Article 1 – paragraph 3 – point b (b) to
Amendment 285 #
Proposal for a regulation Article 1 – paragraph 3 – point b a (new) (b a) to ensure the respect of the values referred to in Article 2 TEU, in particular the respect for democracy and freedom, by guaranteeing that citizens can exercise their democratic rights in an informed manner and free from manipulation
Amendment 286 #
Proposal for a regulation Article 1 – paragraph 3 – point b a (new) (b a) to ensure the public debate, especially prior and during election or referendum periods, is not distorted by political advertising and related services covered by this Regulation;
Amendment 287 #
Proposal for a regulation Article 1 – paragraph 4 – point g a (new) (g a) Regulation 2016/679/EU ;
Amendment 288 #
Proposal for a regulation Article 1 – paragraph 4 – point g b (new) (g b) Regulation 2018/1725/EU;
Amendment 289 #
Proposal for a regulation Article 1 – paragraph 4 – point i Amendment 290 #
Proposal for a regulation Article 1 – paragraph 4 – point i (i) Regulation (EU) 202
Amendment 291 #
Proposal for a regulation Article 1 – paragraph 4 – point i a (new) (i a) Regulation (EU) 2022/xxx [the Digital Markets Act];
Amendment 292 #
Proposal for a regulation Article 1 – paragraph 4 – point i a (new) (i a) national law on elections or referendums.
Amendment 293 #
Proposal for a regulation Article 1 – paragraph 4 – point i b (new) (i b) Regulation (EU) 2016/679;
Amendment 294 #
Proposal for a regulation Article 1 – paragraph 4 – point i c (new) (i c) Regulation (EU) 2018/1725;
Amendment 295 #
Proposal for a regulation Article 1 – paragraph 4 – point i d (new) (i d) Regulation (EU) 2016/680.
Amendment 296 #
Proposal for a regulation Article 1 – paragraph 4 a (new) 4 a. This Regulation complements and is without prejudice to the application of Regulation 2016/679 and Regulation 2018/1725. It does not replace any of the general obligations under Regulation 2016/679, Regulation 2018/1725 and Directive 2002/58/EC.
Amendment 297 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination
Amendment 298 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation,
Amendment 299 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message and is not a part of editorial content under the editorial responsibility of a media service provider in print:
Amendment 300 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means a service consisting of the preparation, placement, promotion, publication or dissemination, by any means, of a message:
Amendment 301 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, promotion, publication, delivery or dissemination, by any means, of a message:
Amendment 302 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point a Amendment 303 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point a (a) by, for or on behalf of a political actor
Amendment 304 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b Amendment 305 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. It shall not include content, such as political views, as expressed under the responsibility of an editorial service provider via audiovisual media, including linear or non-linear broadcasts, or as published in printed or online media, unless it is meant as a political advertisement for which the service provider has been remunerated by a third party.
Amendment 306 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is liable and designed to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 307 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which
Amendment 308 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is liable to influence voting behaviour or the outcome of an election or referendum, a legislative or regulatory process; or
Amendment 309 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is li
Amendment 310 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b a (new) (b a) which seeks to influence public opinion on broad societal issues.
Amendment 311 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) 2 a. Content under the editorial responsibility of audiovisual media service providers pursuant to Art. 1(1)(d)of the Audiovisual Media Services Directive (Directive 2010/13/EU) without direct payment or equivalent remuneration shall not be covered by the term political advertising when it is prepared, placed, promoted, published, delivered or disseminated without any form of payment or equivalent remuneration from a third party.
Amendment 312 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) 2 a. It shall not include political views expressed under editorial responsibility.
Amendment 313 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point c a (new) (c a) a government, bodies of governments with or without legal personality, a local government, bodies of local governments with or without legal personality and public foundations thereof;
Amendment 314 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point c b (new) (c b) national, regional and local parliaments;
Amendment 315 #
(c c) a Union institution and its bodies with or without legal personality;
Amendment 316 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point c d (new) (c d) international and intergovernmental organisations;
Amendment 317 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point d (d) a candidate for any elected office at European
Amendment 318 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point e (e) an elected official within a public institution at European
Amendment 319 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point f (f) an unelected member of government at European
Amendment 320 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point g (g) a political campaign organisation with or without legal personality, established to achieve a specific policy or electoral outcome in an election or referendum or legislative or regulatory process;
Amendment 321 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point g (g) a political campaign organisation with or without legal personality, established to
Amendment 322 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point h (h) a
Amendment 323 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point h (h) any natural or legal person representing or acting on behalf of any of the persons or organisations in points (a) to
Amendment 324 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 Amendment 325 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article
Amendment 326 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. ‘political advertising campaign’ means the preparation, placement, promotion, publication, delivery, or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding;
Amendment 327 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 a (new) 6 a. ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or 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 328 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 b (new) 6 b. ‘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 33(4) of Regulation (EU) 2022/XXX [Digital Services Act];
Amendment 329 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘sponsor’ means the natural or legal person
Amendment 330 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘sponsor’ means the natural or legal person, citizen of the Union or legally established in its territory, responsible for a political advertisement or on whose behalf a political advertisement is prepared, placed, published or disseminated;
Amendment 331 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published, promoted or disseminated;
Amendment 332 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting
Amendment 333 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting
Amendment 334 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting
Amendment 335 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) Amendment 336 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) 8 a. ‘ad delivery techniques’ means automated techniques used by publishers or other providers of advertising services involved in the publishing and dissemination of ads to deliver advertisements to specific individuals included in the group of individuals that constitute the potential audience as defined by the sponsors of the political advertisement;
Amendment 337 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) 8 a. ‘ad delivery techniques’ means techniques that are used to determine the dissemination or delivery of a political advertisement to a specific person or group of persons within the potential audience defined by the sponsors or providers of advertising services, on behalf of sponsors;
Amendment 338 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 b (new) 8 b. 'amplification techniques’ means fully or partially automated techniques that are used to suggest or prioritise a political advertisement to increase its circulation, reach or visibility;
Amendment 339 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State, as defined in national or Union legislation, and during which the campaign activities are subject to specific rules;
Amendment 340 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules in accordance with Member State's law;
Amendment 341 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. ‘electoral period’ means the period preceding
Amendment 342 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise
Amendment 343 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘political advertising publisher’ means a natural or legal person that broadcasts, presents, makes available through an interface or otherwise brings to the public domain political advertising through any medium;
Amendment 344 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘political advertising publisher’ means a natural or legal person that, upon financial remuneration, broadcasts, makes available through an interface or otherwise brings to the online public domain political advertising
Amendment 345 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 12. ‘controller’ means a controller according to Article 4(7) of Regulation (EU) 2016/679 or, where applicable, to Article 4(8) of Regulation (EU) 2018/1725
Amendment 346 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 a (new) 12 a. ‘legislative or regulatory process’ means any national, regional or local government or regulatory authority procedure in which decisions, legislation or rules are proposed, discussed or adopted by any of the political actors referred to in paragraph 3.
Amendment 347 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 a (new) 12 a. ‘personal data’ within the meaning of Article 4(1) of Regulation (EU) 2016/679 and Article 3(1) of Regulation (EU) 2018/1725.
Amendment 348 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 a (new) 12 a. ‘provided personal data’ means personal data actively provided by the data subject to a data processor;
Amendment 349 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 b (new) 12 b. ‘observed personal data’ means personal data provided by the data subject by virtue of using a service or device;
Amendment 350 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 c (new) 12 c. ‘inferred personal data’ means personal data created by the data controller on the basis of the data provided by the data subject or as observed by the controller.
Amendment 351 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 Amendment 352 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 a (new) Political views expressed under the editorial responsibility of a media service provider and placed, promoted, or disseminated without any form of remuneration from a third party, shall not fall under the scope of this Regulation.
Amendment 353 #
Proposal for a regulation Article 3 Amendment 354 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States shall not
Amendment 355 #
Proposal for a regulation Article 3 – paragraph 2 2. The provisions of political advertising services shall not be prohibited nor restricted, including geographically, on grounds related to transparency when the requirements of this Regulation are complied with.
Amendment 356 #
Proposal for a regulation Article 3 a (new) Article 3 a Cross border Political Advertising 1. The provision of political advertising services within the internal market may not be restricted solely on basis of the place of establishment of the sponsor. 2. The provision of cross border political advertising services to European Political Parties, can only be restricted by national law or European legislation other than this regulation.
Amendment 357 #
Proposal for a regulation Article 3 a (new) Article 3 a Non-discrimination Providers of political advertising services shall not discriminate against sponsors legally established in the Union on grounds of their place of residence or establishment.
Amendment 358 #
Proposal for a regulation Article 3 a (new) Article 3 a Exemption of micro-undertakings The obligations laid down in this Regulation shall not apply to micro- undertakings qualified under art. 3 (1) of Directive 2013/34/EU.
Amendment 359 #
Proposal for a regulation Article 3 a (new) Article 3 a This Regulation does not interfere with the existing national rules
Amendment 360 #
Proposal for a regulation Article 3 b (new) Article 3 b Non-discrimination 1. Political advertising publishers or providers of political advertising services shall not discriminate sponsors legally established in the European Union on grounds of their place of residence or, where applicable, establishment, when those actors request, conclude or hold a contract for political advertising within the Union. 2. Refusal to provide services in a Member State where political advertising publisher or providers of political advertising services do not conduct business shall not be considered discrimination.
Amendment 361 #
Proposal for a regulation Chapter II – title II TRANSPARENCY, DUE DILIGENCE AND ACCESSIBILITY OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES
Amendment 363 #
Proposal for a regulation Article 4 – paragraph 1 Political advertising services shall be diligently provided in a transparent and accessible manner in accordance with the obligations laid down in Articles
Amendment 364 #
Proposal for a regulation Article 4 – paragraph 1 a (new) Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the provisions of this Regulation are complied with and allow them to fulfil effectively their due diligence obligations.
Amendment 365 #
Proposal for a regulation Article 4 a (new) Article 4 a Accessibility 1. Political advertising publishers shall ensure that political advertisements and the transparency obligations laid down in articles 5 to 10 of this Regulation are accessible to persons with disabilities by complying with relevant accessibility requirements laid down in Annex I of Directive (EU) 2019/881. 2. Political advertising in the form of audiovisual media shall be made accessible by providing the information through more than one sensory channel.
Amendment 366 #
Proposal for a regulation Article 5 – paragraph 1 1. Providers of advertising services shall request sponsors and providers of
Amendment 367 #
Proposal for a regulation Article 5 – paragraph 1 1. Providers of advertising services, including publishers, shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration and are responsible for its accuracy.
Amendment 368 #
Proposal for a regulation Article 5 – paragraph 1 1. Providers of advertising services
Amendment 369 #
Proposal for a regulation Article 5 – paragraph 1 1. Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(
Amendment 370 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1 a. Providers of political advertising shall check whether the declaration provided by the sponsor or providers of political advertising services acting on behalf of sponsors is accurate prior to the publication or dissemination of the political advertisement.
Amendment 371 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1 a. Political advertising publishers shall make best efforts to verify the authenticity of the declaration referred to in para 1 before disseminating the political advertising.
Amendment 372 #
Proposal for a regulation Article 5 – paragraph 1 b (new) 1 b. Political advertising publishers shall make best efforts to verify the authenticity of the declaration referred to in para 1 before disseminating the political advertising.
Amendment 373 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 374 #
Proposal for a regulation Article 5 – paragraph 2 2. Providers of political advertising services shall
Amendment 375 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 a. Providers of advertising services which are intermediary service providers within the meaning of Regulation XXX [the DSA] involved in the presentation political advertising on their interface or the interface of another service provider, including providers of programmatic advertising services shall establish, implement and publish policies and measures to prevent both the presentation of political advertising together with disinformation and the publication of political advertising containing disinformation.
Amendment 376 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 a. Providers of advertising services shall design and organise their online interface in a way that enables sponsors and providers of advertising services acting on behalf of sponsors to comply with their obligations as referred to in paragraph 1 of this Article and Article 6(1).
Amendment 377 #
Proposal for a regulation Article 5 – paragraph 2 b (new) 2 b. Providers of advertising services shall make best efforts to assess whether sponsors and providers of advertising services acting on behalf of sponsors have declared the information referred to in paragraph 1 of this Article and Article 6(1) prior to the provision of the service.
Amendment 378 #
Proposal for a regulation Article 5 – paragraph 2 c (new) 2 c. Political advertising publishers, which are very large online platforms within the meaning of Article 25 of Regulation (EU)2021/xxx [the DSA], shall implement adequate quality controls to ensure the timely identification of advertisements which have not been declared in accordance with paragraph 1 or which have been misdeclared or mislabelled and disseminated on their platform.
Amendment 379 #
Proposal for a regulation Article 5 a (new) Article 5 a Identification of a political advertisement For the purpose of determining whether a message constitutes political advertising within the meaning of Article 2(2)(b) and 2(2)(c), account shall be taken of all its features, and in particular of the following: (a) the content; (b) the language used to convey the message; (c) the means by which the message is promoted, published or disseminated; (d) the potential audience targeted by the sponsor; (e) the context in which the message is conveyed, including the period of dissemination such as electoral or referendum periods; (f) whether the message is designed to influence the relevant electorate; (g) the objective of the message.
Amendment 380 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. Providers of political advertising services shall retain information, only to the extent absolutely necessary, they collect in the provision of their services, on the following:
Amendment 381 #
1. Providers of political advertising services shall
Amendment 382 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (b a) the period during which the specific service or services were provided;
Amendment 383 #
Proposal for a regulation Article 6 – paragraph 1 – point b b (new) (b b) where applicable, impression and engagement data;
Amendment 384 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the amounts they invoiced and received for the service or services provided, and the value of other benefits received or expected in part or full exchange for the service or services provided; and
Amendment 385 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided and their sources; and
Amendment 386 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d)
Amendment 387 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) the identity of the political actor and, where applicable, the identity of the sponsor and its contact details.
Amendment 388 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d)
Amendment 389 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d)
Amendment 390 #
Proposal for a regulation Article 6 – paragraph 1 – point d a (new) (d a) where applicable the election, referendum or legislative or regulatory process the advertisement is aiming to target.
Amendment 391 #
Proposal for a regulation Article 6 – paragraph 2 2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be
Amendment 392 #
Proposal for a regulation Article 6 – paragraph 2 2. The information referred to in paragraph 1 shall be in writing and
Amendment 393 #
Proposal for a regulation Article 6 – paragraph 2 2. The information referred to in paragraph 1 shall be in writing and
Amendment 394 #
Proposal for a regulation Article 6 – paragraph 3 3. Providers of political advertising services shall take resonable efforts to ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible. Political advertising publishers shall not be directly liable if the provider has given clearly incorrect information .
Amendment 395 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 396 #
Proposal for a regulation Article 6 – paragraph 3 3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to
Amendment 397 #
Proposal for a regulation Article 7 – title Transparency and labelling requirements for each political advertisement
Amendment 398 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. In the context of the provision of political advertising services, each political advertisement shall be made available
Amendment 399 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1.
Amendment 400 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) a clear statement to the effect that it is a political advertisement;
Amendment 401 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the political actor, the sponsor of the political advertisement and the entity ultimately controlling the sponsor, its place of establishment and contact details;
Amendment 402 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the sponsor of the political advertisement and the person or entity ultimately controlling or funding the sponsor;
Amendment 403 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the sponsor of the political advertisement and, where applicable, the entity ultimately controlling the sponsor;
Amendment 404 #
Proposal for a regulation Article 7 – paragraph 1 – point b a (new) Amendment 405 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood
Amendment 406 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice to enable the understanding by the recipient of the service of the wider context of the political advertisement and its aims
Amendment 407 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice
Amendment 408 #
Proposal for a regulation Article 7 – paragraph 1 – point c a (new) (c a) the specific electoral or policy goal of the advertisement, the corresponding elections or referendums, or the legislative or regulatory process with which the advertisement is linked or aims to influence.
Amendment 409 #
Proposal for a regulation Article 7 – paragraph 1 – point c a (new) (c a) where applicable, a statement that the advertisement is using targeting techniques based on the use of personal data and information on the data used for that purpose.
Amendment 410 #
Proposal for a regulation Article 7 – paragraph 1 – point c a (new) (c a) a description of the target audience and the factors used to determine the target audience.
Amendment 411 #
Proposal for a regulation Article 7 – paragraph 1 – point c b (new) (c b) where applicable the election, referendum or legislative or regulatory process the advertisement is aiming to target.
Amendment 412 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 Amendment 413 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1 a. The Commission is empowered to adopt delegated acts in accordance with Article 19 to supplement this Regulation by laying down the necessary rules to establish a harmonised marking or labelling including the form and the content of the label or marking.
Amendment 414 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The long transparency notice shall be
Amendment 415 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The transparency notice shall be included in each political advertisement or be
Amendment 416 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) the identity of the sponsor or the entity ultimately controlling the sponsor and contact details;
Amendment 417 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) the identity of the sponsor, its place of establishment and contact details;
Amendment 418 #
Proposal for a regulation Article 7 – paragraph 2 – point a a (new) (a a) where applicable, the identity of the person or entity ultimately controlling the sponsor, its place of establishment and contact details;
Amendment 419 #
Proposal for a regulation Article 7 – paragraph 2 – point a a (new) (a a) if applicable, the data used to identify their target audience;
Amendment 420 #
Proposal for a regulation Article 7 – paragraph 2 – point a b (new) (a b) if applicable, the source of the data used to determine their target audience;
Amendment 421 #
Proposal for a regulation Article 7 – paragraph 2 – point b a (new) (b a) where applicable the reach of the political message;
Amendment 422 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c)
Amendment 423 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received or expected in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources;
Amendment 424 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) based among others on information received in line with Article 6(3), exact information on the
Amendment 425 #
Proposal for a regulation Article 7 – paragraph 2 – point d (d) where applicable, an indication of elections or referendums, or the legislative or regulatory process with which the advertisement is linked;
Amendment 426 #
Proposal for a regulation Article 7 – paragraph 2 – point d (d) where applicable, an indication of all elections or referendums with which the advertisement is linked and the relevant electoral period;
Amendment 427 #
Proposal for a regulation Article 7 – paragraph 2 – point d a (new) (d a) where applicable, information on the use of targeting techniques based on the use of personal data, including the data used for that purpose;
Amendment 428 #
Proposal for a regulation Article 7 – paragraph 2 – point d b (new) (d b) where applicable, the number of views and engagements with the advertisement;
Amendment 429 #
Proposal for a regulation Article 7 – paragraph 2 – point e (e)
Amendment 430 #
Proposal for a regulation Article 7 – paragraph 2 – point e (e)
Amendment 431 #
Proposal for a regulation Article 7 – paragraph 2 – point e a (new) (e a) where applicable, links to aggregate information on all advertisements that have been placed, promoted, published or disseminated on behalf of the same sponsor or political actor;
Amendment 432 #
Proposal for a regulation Article 7 – paragraph 2 – point e a (new) (e a) where applicable, links to aggregate information on all advertisements that have been placed, promoted, published or disseminated on behalf of the same sponsor or political actor;
Amendment 433 #
Proposal for a regulation Article 7 – paragraph 2 – point e b (new) (e b) where applicable, aggregate information on interactions, engagements and impressions.
Amendment 434 #
Proposal for a regulation Article 7 – paragraph 2 – point g Amendment 435 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 (new) The information to be included in the transparency notice shall be provided using the specific data fields set out in Annex I.
Amendment 436 #
Proposal for a regulation Article 7 – paragraph 2 a (new) 2 a. Upon receiving the information referred to in paragraph, providers of political advertising services shall check whether the information referred to in paragraphs 1 and 2, provided by the sponsor or providers of political advertising services acting on behalf of sponsors, is reliable, complete and up to date prior to the publication of the political advertisement.
Amendment 437 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall make
Amendment 438 #
Proposal for a regulation Article 7 – paragraph 3 3.
Amendment 439 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete
Amendment 440 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall ensure that their online interface is designed and organised in a way that enables sponsors or providers of political advertising services acting on behalf of the sponsor to provide the information referred to in paragraph 1 and 2. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement.
Amendment 441 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1
Amendment 442 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall
Amendment 443 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete
Amendment 444 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall
Amendment 445 #
Proposal for a regulation Article 7 – paragraph 3 a (new) Amendment 446 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3 a. For the purpose of this Regulation, sponsors shall be liable for the accuracy of the information that they provide.
Amendment 447 #
Proposal for a regulation Article 7 – paragraph 3 b (new) 3 b. When the political advertising publisher is the only provider of political advertising services, the sponsor shall communicate the relevant information to the political advertising publisher.
Amendment 448 #
4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher
Amendment 449 #
Proposal for a regulation Article 7 – paragraph 4 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible
Amendment 450 #
4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and,
Amendment 451 #
Proposal for a regulation Article 7 – paragraph 4 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible
Amendment 452 #
Proposal for a regulation Article 7 – paragraph 4 a (new) 4 a. Sponsors or providers of political advertising services acting on behalf of a sponsor shall guarantee the accuracy of the information referred to in paragraph 2, before, during and after its publication. They shall also ensure timely transmission to Political Advertising publishers of such information.
Amendment 453 #
Proposal for a regulation Article 7 – paragraph 4 a (new) 4 a. Political advertising publishers shall retain their transparency notices together with any modifications for a period of fifteen years after its last publication.
Amendment 454 #
Proposal for a regulation Article 7 – paragraph 4 b (new) 4 b. Publishers shall guarantee before the dissemination of the political advertising the accuracy of the information referred to in paragraph 2 (a).
Amendment 455 #
Proposal for a regulation Article 7 – paragraph 4 c (new) 4 c. Online intermediaries in the sense of Regulation (EU) 2021/xxx [the DSA] shall make publicly available the procedure for identity verification of political sponsors. It shall not take longer than 2 working days and must not require more than the strictly necessary for such verification.
Amendment 456 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers that is a very large online platform as defined by the Article 25 of Regulation (EU) 2021/xxx [the Digital Service Act]. shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4.
Amendment 457 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers shall
Amendment 458 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers shall retain their transparency notices together with any modifications for a period of
Amendment 459 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers shall retain their transparency notices together with any modifications for a period of fi
Amendment 460 #
Proposal for a regulation Article 7 – paragraph 6 Amendment 461 #
Proposal for a regulation Article 7 – paragraph 6 Amendment 462 #
Proposal for a regulation Article 7 – paragraph 6 6. Political advertising publishers
Amendment 463 #
Proposal for a regulation Article 7 – paragraph 6 a (new) 6 a. Political advertising publishers which offer services in the Union shall ensure that they design and provide services in accordance with accessibility requirements. They shall prepare the necessary information in accordance with Annex V of Directive (EU)2019/882 and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in an accessible manner for persons with disabilities. Political advertising publishers shall keep that information for as long as the service is in operation.
Amendment 464 #
Proposal for a regulation Article 7 – paragraph 6 a (new) 6 a. The repositories mentioned in article 7.6 should be linked to a centralized and standardized repository set up by the Commission or an ad hoc agency and automatically filled by the political advertising publisher.
Amendment 465 #
Proposal for a regulation Article 7 – paragraph 7 Amendment 466 #
Proposal for a regulation Article 7 – paragraph 7 7. Member States, including competent authorities, and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved
Amendment 467 #
Proposal for a regulation Article 7 – paragraph 7 7.
Amendment 468 #
Proposal for a regulation Article 7 – paragraph 8 Amendment 469 #
Proposal for a regulation Article 7 – paragraph 8 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, relevant scientific research, market practices, civil society flagging, developments in supervision by competent authorities and relevant guidance issued by competent bodies; such an amendment is necessary for the wider context of the political advertisement and its aims to be understood.
Amendment 470 #
Proposal for a regulation Article 7 – paragraph 8 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding,
Amendment 471 #
Proposal for a regulation Article 7 – paragraph 8 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where
Amendment 472 #
Proposal for a regulation Article 7 a (new) Article 7 a European Repository for Political Advertisements (ERPA) 1. The European Commission shall establish and ensure the management of a repository, the European Repository for Political Advertisements (ERPA), for the provision of information on political advertisement referred to Article 7(2). 2. Political advertising publishers shall ensure that they make available in the repository referred to in paragraph 1, in real time, starting from the moment of the first publication of each advertisement, each political advertisement published, as well as the information referred to in Article 7(2). The information must be detailed and include exact figures on the aggregated amounts spent or other benefits received in part or full exchange for the provision of the advertising service, both by the publisher and by any other service provider that contributed to the preparation, placement, promotion or dissemination of the advertisement. The repository shall contain all versions of each advertisement, where applicable. 3. Political advertisements shall be kept in ERPA for a period of fifteen years after the last publication of the advertisement
Amendment 473 #
Proposal for a regulation Article 7 a (new) Article 7 a Political Add Library 1. From the entry into force of this regulation the Commission or an had hoc Agency shall set up an online 'European Add Library' gathering all the information requested by article 7 and annex I and II. 2. This Political Add Library will be linked to the repositories mentioned in article 7. 3. It shall define standards of display and research, with data easily accessible to all, machine readable and updated in real time by advertising services providers through automated means.
Amendment 474 #
Proposal for a regulation Article 7 a (new) Article 7 a The Commission shall, by means of delegated acts, adopt technical specifications for the implementation of the transparency notice referred in paragraphs 1 and 2 adapted for the audiovisual sector, printed media and offline advertising before 2024.
Amendment 475 #
Proposal for a regulation Article 8 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as a distinct part of their
Amendment 476 #
Proposal for a regulation Article 8 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received or expected in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 477 #
Proposal for a regulation Article 8 – paragraph 1 1.
Amendment 478 #
Proposal for a regulation Article 8 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including
Amendment 479 #
Proposal for a regulation Article 8 – paragraph 1 1. Where
Amendment 480 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 481 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 482 #
Proposal for a regulation Article 8 – paragraph 2 2. Paragraph 1 shall not apply to undertakings that qualify
Amendment 483 #
Proposal for a regulation Article 8 – paragraph 2 2. Paragraph 1 shall not apply to undertakings qualifying under Article 3(
Amendment 484 #
2 a. Providers of political advertising services shall, in accordance with national law, regularly report on the amounts or the value of other benefits received in part or full exchange for those services to the national competent authorities responsible for the auditing or supervision of political actors.
Amendment 485 #
Proposal for a regulation Article 9 – title 9 Indicating possibly unlawful political advertisements in printed media and offline
Amendment 486 #
Proposal for a regulation Article 9 – paragraph 1 Amendment 487 #
Proposal for a regulation Article 9 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall put in place electronic, accessible, and easy to use mechanisms to enable any individual
Amendment 488 #
Proposal for a regulation Article 9 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals or entities to notify them, free of charge and in a user friendly way, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 489 #
Proposal for a regulation Article 9 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals or entities to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 490 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1 a. Only notices that include the following elements shall be considered to be valid: (a) a sufficiently substantiated explanation of the reasons why the individual or entity alleges that the information in question does not comply with this Regulation; (b) the name and email address of the individual or entity submitting the notice; (c) a statement confirming that the individual or entity submitting the notice believes in good faith that information contained therein is accurate and complete.
Amendment 491 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1 a. Where political advertising services are provided, the sponsor shall put mechanisms in place to allow any individual or entity to notify them that a particular advertisement which they have published does not comply with this Regulation. Those mechanisms shall be easy to access, user-friendly, free of charge and allow for the submission of notices exclusively by electronic means.
Amendment 492 #
Proposal for a regulation Article 9 – paragraph 1 b (new) 1 b. In case of misuse of the notification mechanism, Article 23 of Regulation (EU) 2021/xxx [Digital Service Act] shall apply.
Amendment 493 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 494 #
Proposal for a regulation Article 9 – paragraph 2 2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including for people with disabilities, even from the transparency notice.
Amendment 495 #
Proposal for a regulation Article 9 – paragraph 2 2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and
Amendment 496 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2 a. The mechanisms referred to in paragraph 1shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices.To that end, advertising publishers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements: (a) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the advertisement in question does not comply with this regulation; b) information enabling the identification of the political advertisement; (c) the name and an electronic mail address of the individual or entity submitting the notice; (d) a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
Amendment 497 #
Proposal for a regulation Article 9 – paragraph 2 a (new) Amendment 498 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 499 #
Proposal for a regulation Article 9 – paragraph 3 3. Political advertising publishers shall allow for the submission of the
Amendment 500 #
Proposal for a regulation Article 9 – paragraph 3 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The
Amendment 501 #
Proposal for a regulation Article 9 – paragraph 3 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertising publisher may seek guidance from competent national authorities on issues raised in that submission. The political advertising publishers shall inform individuals of the follow up given to the notification as referred to in paragraph 1.
Amendment 502 #
Proposal for a regulation Article 9 – paragraph 3 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertising publisher shall inform individuals or entities of the follow up given to the notification as referred to in paragraph 1.
Amendment 503 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3 a. In the month preceding an election or a referendum, political advertising publishers shall within 48 hours process and address any takedown notice submitted by the relevant national authority or trusted flagger, that has been awarded the status of trusted flagger according to Article 22 (2) of Regulation (EU) 2021/xxx [Digital Services Act] that they receive about advertisement linked to that election or referendum. Political advertising publishers qualifying as one of the different types of undertakings under Article 3(1) to (3) of Directive 2013/34/EU shall make reasonable efforts to address any notification that they receive about advertisement linked to that election or referendum without undue delay.
Amendment 504 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3 a. The political advertising publisher shall examine and address the notification referred to in paragraph 1 accordingly, in a diligent, objective and non- discriminatory manner and, without undue delay, inform individuals or entities of the follow up given to the notification as referred to in paragraph 1, providing information on the redress possibilities in respect of that decision. 30 days prior to an election or a referendum, political advertising publishers shall examine and address the notification within 24 hours.
Amendment 505 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3 a. Where the notice contains an electronic contact information of the individual or entity that submitted it, publishers shall, without undue delay: (a) send a confirmation of receipt of the notice to that individual or entity. (b) inform that individual or entity of its decision.
Amendment 506 #
Proposal for a regulation Article 9 – paragraph 3 b (new) 3 b. Political advertising publishers shall provide information on the possibilities for redress in respect of the advertisement to which the notification relates. Where the political advertising publishers receive a notification concerning an obvious case of non- compliance, the political advertising publishers shall remove the advertisement immediately. In all other cases, the political advertising publishers shall be granted a reasonable period in which to react to the allegations or to correct invalid information, rather than removing the advertising completely.
Amendment 507 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 508 #
Proposal for a regulation Article 9 – paragraph 4 4. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to
Amendment 509 #
Proposal for a regulation Article 9 – paragraph 4 a (new) 4 a. Publishers shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notifications referred to in paragraph 3.
Amendment 510 #
Proposal for a regulation Article 9 – paragraph 4 a (new) 4 a. Political advertising publishers shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the mechanism referred to in paragraph 1 by individuals that frequently submit notices that are manifestly unfounded.
Amendment 511 #
Proposal for a regulation Article 9 – paragraph 4 b (new) 4 b. Online platforms within the meaning of Article 3(i) of Regulation (EU) 2022/xxx [the DSA] that allow sponsors to publish political advertisements as defined in Article 2.2 of this Regulation shall take the necessary technical and organisation measures to ensure that notices submitted by trusted flaggers within the meaning of Article 19 of Regulation (EU) 2022/xxx [the DSA] whose designated area of expertise is political advertising are processed and decided upon with priority and without delay.
Amendment 512 #
4 b. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively, including by reference to an announcement on the website of the political advertising publisher concerned.
Amendment 513 #
Proposal for a regulation Article 9 – paragraph 4 c (new) 4 c. Without prejudice to Article 19 of Regulation (EU) 2022/xxx [the DSA], the status of trusted flaggers of unlawful political advertisements shall only be awarded where the applicant has demonstrated to meet all of the following conditions: (a) it has particular expertise and competence for the purposes of detecting, identifying and notifying political advertisements which have not been declared as political by their sponsor or that do not comply with the obligations concerning the processing of personal data and/or transparency established in this Regulation; (b) it represents collective interests and is independent from any online platform, political party, political candidate, or government;
Amendment 514 #
Proposal for a regulation Article 9 – paragraph 4 c (new) 4 c. The Commission shall, by means of delegated acts, adopt technical specifications, adapted to the printed media sector and another for offline advertising, for the mechanism referred to in paragraph 1.
Amendment 515 #
Proposal for a regulation Article 9 a (new) Amendment 516 #
Proposal for a regulation Article 9 b (new) Amendment 517 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. Competent national authorities shall have the power to request that a provider of political advertising services and publishers transmits the information referred to in Articles 6, 7 and 8. The transmitted information must
Amendment 518 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. Competent national authorities shall have the power to request that a provider of political advertising services transmits the information referred to in Articles 6
Amendment 519 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. Competent national authorities shall have the power to request that a provider of political advertising services transmits the information referred to in Articles 6, 7 and 8. The transmitted information must be complete, accurate and trustworthy, and provided in a clear, coherent, consolidated
Amendment 520 #
Proposal for a regulation Article 10 – paragraph 1 – introductory part 1. Competent national authorities shall have the power to request that a provider of political advertising services transmits the information referred to in Articles 6, 7 and 8. The transmitted information must be complete, accurate and trustworthy, and provided in a clear, coherent, consolidated and intelligible format.
Amendment 521 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 – point a (a) a statement of reasons explaining the objective for which the information is requested
Amendment 522 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 – point a (a) a brief statement of reasons explaining the objective for which the information is requested and why the request is necessary and proportionate, unless the request pursues the objective of the prevention, investigation, detection and prosecution of criminal offences and to the extent that the reasons for the request would jeopardise that objective;
Amendment 523 #
Proposal for a regulation Article 10 – paragraph 2 2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within
Amendment 524 #
Proposal for a regulation Article 10 – paragraph 2 2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within
Amendment 525 #
Proposal for a regulation Article 10 – paragraph 2 2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within
Amendment 526 #
Proposal for a regulation Article 10 – paragraph 3 3. Providers of political advertising services shall designate a contact point for the interaction with competent national authorities.
Amendment 527 #
Proposal for a regulation Article 11 Amendment 528 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Providers of political advertising services shall take the appropriate measures to transmit the information referred to in Articles 6 and 7 to interested entities promptly upon request
Amendment 529 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. Providers of political advertising services shall take the appropriate and resonable measures to transmit the information referred to in Article 6 to interested entities upon request and without costs.
Amendment 530 #
Where the provider of political advertising services is a political advertising publisher, it shall also take the appropriate measures to transmit the information referred to in Articles 7 and 8 to interested entities upon request promptly and without cost
Amendment 531 #
Proposal for a regulation Article 11 – paragraph 2 – point a (a) vetted researchers in accordance with Article
Amendment 532 #
Proposal for a regulation Article 11 – paragraph 2 – point b (b) members of a civil society organisation whose statutory objectives are to protect and promote the public interest
Amendment 533 #
Proposal for a regulation Article 11 – paragraph 2 – point d a (new) (d a) journalists accredited in a Member State by national, European or international bodies.
Amendment 534 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Amendment 535 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Such interested entities shall also include journalists
Amendment 536 #
Proposal for a regulation Article 11 – paragraph 3 3. Following a request from an interested entity, the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5
Amendment 537 #
Proposal for a regulation Article 11 – paragraph 3 3. Following a request from an interested entity, the service provider shall make
Amendment 538 #
Proposal for a regulation Article 11 – paragraph 3 3. Following a request from an interested entity, the service provider shall
Amendment 539 #
Proposal for a regulation Article 11 – paragraph 4 Amendment 540 #
Proposal for a regulation Article 11 – paragraph 4 4. When preparing the information to be provided pursuant to paragraph 1, the service provider may aggregate the relevant amounts or place them in a range, to the extent strictly necessary to protect its commercial legitimate interests.
Amendment 541 #
Proposal for a regulation Article 11 – paragraph 5 5. Where requests pursuant to paragraph 1 are manifestly un
Amendment 542 #
Proposal for a regulation Article 11 – paragraph 5 5. Where requests pursuant to paragraph 1 are
Amendment 543 #
Proposal for a regulation Article 11 – paragraph 6 Amendment 544 #
Proposal for a regulation Article 11 – paragraph 6 6. Where requests under paragraph 1 are repetitive and their processing involves
Amendment 545 #
Proposal for a regulation Article 11 – paragraph 7 7. Service providers shall bear the burden of demonstrating that a request is manifestly un
Amendment 546 #
Proposal for a regulation Article 11 – paragraph 7 7. Service providers shall bear the burden of demonstrating that a request
Amendment 547 #
Proposal for a regulation Article 11 – paragraph 7 a (new) 7a. Any information provided pursuant to this article may only be used in the context for which it was requested i.e. for the purpose specified in the request made to the provider of political advertising services by the entity referred to in paragraph 2.
Amendment 548 #
Proposal for a regulation Article 11 a (new) Article 11 a European political advertisement repository 1. The European Regulators Group for Audiovisual Media Services (ERGA) shall establish and maintain a European political advertisement repository to make publicly available, through a searchable, machine-readable and reliable tool that allows multicriteria queries, and through application programming interfaces, political advertisements published or disseminated until seven years after the advertisement was presented for the last time on an online interface of a publisher of political advertisement. 2. Political advertising publishers shall transmit a copy of each political advertisement including at least all of the information contained in the transparency notice referred to in Article 7(2) and Annex IIa (new) to the European political advertisement repository without delay and at the latest within 24 hours of the first publication of the political advertisement. They shall transmit all versions of the advertisement. 3. Where a political advertising publisher removed or disabled access to a specific advertisement based on alleged illegality or incompatibility with its terms and conditions, it shall notify the repository without undue delay. In that case, the repository shall not include the content of the advertisement nor the information referred to in Article 7(2)(a), but it shall include, for the specific advertisement concerned, the information referred to in, as applicable, Article 17(2) points(a) to (e) or Article 9(2) point (a)(i) of Regulation xxx [Digital Services Act]. 4. The ERGA shall ensure that the repository does not contain any personal data of individuals to whom the advertisement was or could have been presented. 5. The ERGA shall receive adequate and sufficient financial, human and technical resources to carry out its functions, including the establishment and the maintenance of the European political advertisement repository pursuant to Paragraph 1.
Amendment 549 #
Proposal for a regulation Article 11 a (new) Article 11 a Presentation of a set of standardised political advertisements of European Political Parties by providers of very large online platforms during the elections to the European Parliament 1. Providers of very large online platforms within the meaning of Article 33 of Regulation (EU) 2022/XXXX [the DSA] shall, in the context of the elections to the European Parliament, present political advertisements by all European political parties within the meaning of Article 2(3) Regulation (EU, Euratom) No 1141/2014, in accordance with the principle of equal access and free of cost. 2. The political advertisements referred to in paragraph 1 shall be submitted in a standardised format, defined by each provider of very large online platforms in accordance with specific criteria based on their rules for the display of advertisements. 3. Political advertisements referred to in paragraph 1 shall comply with all other provisions of this Regulation. 4. The time-period during which the political advertisements referred to in paragraph 1 may be displayed shall be limited to the relevant electoral period. 5. Each European political party shall be ensured a reasonable minimum visibility. Political advertisements shall be presented according to random allocation. 6. The Commission is empowered to adopt delegated acts in accordance with Article 19 supplementing this Regulation by defining the obligations of providers of very large online platforms regarding the presentation of the political advertisements referred to in paragraph 1.
Amendment 550 #
Proposal for a regulation Article 11 b (new) Amendment 551 #
Proposal for a regulation Chapter III – title III TARGETING AD DELIVERY AND AMPLIFICATION OF POLITICAL ADVERTISING
Amendment 552 #
Proposal for a regulation Chapter III – title III TARGETING AND A
Amendment 553 #
Proposal for a regulation Article 12 – title 12 Specific requirements related to the use of personal data for targeting and amplification techniques
Amendment 554 #
Proposal for a regulation Article 12 – title Specific requirements related to targeting and a
Amendment 555 #
Proposal for a regulation Article 12 – paragraph 3 a (new) 3 a. The provisions in this Article shall not prevent the use of targeting techniques based on contextual information such as keywords, the language setting communicated by the device of the recipient, the broad physical location inferred from the user’s connection or the digital location where the advertisement is displayed.
Amendment 556 #
Proposal for a regulation Article 12 – paragraph 8 b (new) 8 b. Ad delivery techniques shall only be permitted based on the randomized selection of a specific person or group of persons for the purpose of disseminating or delivering a political advertisement.
Amendment 557 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 558 #
Proposal for a regulation Article 12 – paragraph 3 – introductory part 3. When using targeting or amplification techniques in the context of political advertising involving the processing of personal data,
Amendment 559 #
Proposal for a regulation Article 12 – paragraph 3 – point c (c) provide, together with the political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third-party data and additional analytical techniques. This information shall comprise the elements set out in Annex II, and shall be accessible via dedicated subpage or window.
Amendment 560 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 561 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 562 #
5. Political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7 a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679. The transparency notice shall visibly link to an easily accessible interface in which users can give or refuse their consent, to opt-out from being subject to targeting and amplification techniques as specified in paragraph 1.
Amendment 563 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 564 #
Proposal for a regulation Article 12 – paragraph 6 6. Information to be provided in accordance with this provision shall be presented in a format which is easily accessible and,
Amendment 565 #
Proposal for a regulation Article 12 – paragraph 7 Amendment 566 #
Proposal for a regulation Article 12 – paragraph 8 Amendment 567 #
Proposal for a regulation Article 12 – paragraph 8 Amendment 568 #
Proposal for a regulation Article 12 – paragraph 8 a (new) 8 a. Prices shall be non-discriminatory and based exclusively on the nature and size of the target group, including where amplification techniques are used.
Amendment 569 #
Proposal for a regulation Article 12 a (new) Article 12 a 1. Publishers of political advertisement services shall only use amplification techniques for political advertising that are based on contextual information such as keywords, language context, or the approximate geographical region of individuals. 2. The use of the contextual information referred to in paragraph 1 shall only be permissible if the advertisement is presented in real time, that related data are not stored and that it does not involve the director, by means of combining it with other information, indirect identification of a natural person or group of persons, in particular by reference to an identifier such as a name, an identification number, precise location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or group of persons.
Amendment 570 #
Proposal for a regulation Article 12 a (new) Article 12 a Specific requirements related to the use of personal data for online political advertising 1. Providers of intermediary services shall not process personal data for the purposes of targeting natural persons for online political advertising. 2. This provision shall not prevent intermediary services from displaying online political advertising based on contextual information such as keywords. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if it does not allow for the direct, or by means of combining it with other information, indirect identification of a natural person or a group of natural persons.
Amendment 571 #
Proposal for a regulation Article 13 Amendment 572 #
Proposal for a regulation Article 14 – title Legal representatives of sponsors and service providers
Amendment 573 #
Proposal for a regulation Article 14 – paragraph 1 1. Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, and register with the national single points of contact, a natural or legal person as their legal representative in one of the Member States where the provider offers its services. Member States shall keep publicly available registers of all legal representatives registered on their territory under this Regulation. The Commission shall keep a publicly available register of legal representatives registered at Union level under this Regulation.
Amendment 574 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 575 #
Proposal for a regulation Article 14 – paragraph 2 2. The legal representative shall be responsible for
Amendment 576 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2 a. Sponsors of political advertising placed, promoted and disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, who are not Union citizens, are not legal residents, or have their place of establishment outside the Union, shall designate, in writing, a natural or legal person as their legal representative in one of the Member States.
Amendment 577 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2 a. It shall be possible for the designated legal representative to be held liable for non-compliance with obligations under this Regulation, without prejudice to the liability and legal actions that could be initiated against the service provider.
Amendment 578 #
Proposal for a regulation Article 14 – paragraph 2 b (new) 2 b. Service providers shall provide the legal representative with necessary powers and sufficient resources to guarantee its efficient and timely cooperation with the Member States’ relevant competent authorities and, where relevant, the Commission.
Amendment 579 #
Proposal for a regulation Article 14 – paragraph 2 b (new) 2 b. The Commission shall publish the information referred to in paragraphs 1 and 2a in a publicly available database in an easily accessible and machine- readable format and keep the database updated.
Amendment 580 #
Proposal for a regulation Article 14 – paragraph 2 c (new) 2 c. Service providers shall notify the name, postal address, email address and telephone number of their legal representative to the National Coordinator in the Member State where that legal representative resides or is established. They shall ensure that that information is publicly available, easily accessible, accurate and kept up to date.
Amendment 581 #
Proposal for a regulation Article 14 – paragraph 2 d (new) 2 d. The designation of a legal representative within the Union pursuant to paragraph 1 shall not constitute an establishment in the Union.
Amendment 582 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1 a. The national regulatory authorities or bodies referred in Article 30 of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 shall have the competence to monitor the application of this Regulation with regard to provisions of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 and shall be responsible for ensuring coordination on those provisions at national and Union level.
Amendment 583 #
Proposal for a regulation Article 15 – paragraph 2 2.
Amendment 584 #
Proposal for a regulation Article 15 – paragraph 2 2. Member States shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in
Amendment 585 #
Proposal for a regulation Article 15 – paragraph 2 2. Member States shall designate competent authorities to supervise and monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article
Amendment 586 #
Proposal for a regulation Article 15 – paragraph 2 2. Member States shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article
Amendment 587 #
Proposal for a regulation Article 15 – paragraph 2 a (new) 2 a. The European Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in this Regulation.
Amendment 588 #
Proposal for a regulation Article 15 – paragraph 2 a (new) 2 a. The European Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in this Regulation.
Amendment 589 #
Proposal for a regulation Article 15 – paragraph 2 b (new) 2 b. Article 44a, Article 44b, 45(1) to (4), Article 45a, and Article 46(1) of Regulation(EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 590 #
Proposal for a regulation Article 15 – paragraph 2 c (new) 2 c. The supervisory authorities referred to in Article 30 of Directive (EU) 2010/13/EU shall be competent to monitor the compliance of media service providers within the meaning of Directive (EU) 2010/13/EU (AVMSD).
Amendment 591 #
Proposal for a regulation Article 15 – paragraph 3 3. Each Member State shall designate one or more competent authorities to be responsible for the supervision, application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2 within 15 months from ... [the date of entry into force of this Regulation]. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure co
Amendment 592 #
Proposal for a regulation Article 15 – paragraph 3 3. Each Member State
Amendment 593 #
Proposal for a regulation Article 15 – paragraph 3 3. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1, 2 and 2c. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in
Amendment 594 #
Proposal for a regulation Article 15 – paragraph 3 3. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1, 1a and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.
Amendment 595 #
Proposal for a regulation Article 15 – paragraph 4 4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the following powers to request
Amendment 596 #
Proposal for a regulation Article 15 – paragraph 4 4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this
Amendment 597 #
Proposal for a regulation Article 15 – paragraph 4 4. Competent authorities referred to in the previous paragraph
Amendment 598 #
Proposal for a regulation Article 15 – paragraph 4 4. Competent authorities
Amendment 599 #
Proposal for a regulation Article 15 – paragraph 5 – introductory part 5. Competent authorities referred to in previous paragraph
Amendment 600 #
Proposal for a regulation Article 15 – paragraph 5 – introductory part 5. Competent authorities
Amendment 601 #
Proposal for a regulation Article 15 – paragraph 5 – point a a (new) (a a) request access to data, documents, or any necessary information from the providers of political advertising services
Amendment 602 #
Proposal for a regulation Article 15 – paragraph 5 – point a b (new) (a b) order the cessation of infringements and, where appropriate, to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end, or request a judicial authority in their Member State to do so;
Amendment 603 #
Proposal for a regulation Article 15 – paragraph 5 – point c (c) impose administrative fines and financial penalties or request the competent national judicial authority in their Member State does so.
Amendment 604 #
Proposal for a regulation Article 15 – paragraph 5 – point c a (new) (c a) carry out, or request a judicial authority in their Member State to order, inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement in any form, irrespective of the storage medium;
Amendment 605 #
Proposal for a regulation Article 15 – paragraph 5 – point c a (new) (c a) issue guidance on consultation request raised by political advertising publishers under Article 9 (1a).
Amendment 606 #
Proposal for a regulation Article 15 – paragraph 5 – point c a (new) (c a) impose a periodic penalty payment, or request a judicial authority in their Member State to do so;
Amendment 607 #
Proposal for a regulation Article 15 – paragraph 5 – point c b (new) (c b) promote media and digital literacy programmes to foster the knowledge, skills and understanding that allow both, citizens and political advertising service providers, to engage effectively with the publication and dissemination of political advertising, and to ensure compliance with and the enforcement of this Regulation.
Amendment 608 #
Proposal for a regulation Article 15 – paragraph 5 – point c b (new) (c b) request an independent audit in accordance with Article 11b (new).
Amendment 609 #
Proposal for a regulation Article 15 – paragraph 6 Amendment 610 #
Proposal for a regulation Article 15 – paragraph 6 6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. Member States shall ensure that their competent authorities have all necessary means to carry out their tasks, including sufficient technical, financial and human resources to adequately supervise political actors, sponsors, providers and publishers of advertising services under their competence.
Amendment 611 #
Proposal for a regulation Article 15 – paragraph 6 6. Member States shall ensure cooperation among competent authorities and supervisory authorities, in particular in the framework of national elections networks and the European Regulators Group for Audiovisual Media Services, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.
Amendment 612 #
Proposal for a regulation Article 15 – paragraph 7 Amendment 613 #
Proposal for a regulation Article 15 – paragraph 7 7.
Amendment 614 #
Proposal for a regulation Article 15 – paragraph 7 7. Each Member State shall designate one competent authority as a national contact point at Union level for the purposes of this Regulation.
Amendment 615 #
Proposal for a regulation Article 15 – paragraph 7 7. Each Member State shall designate one competent authorit
Amendment 616 #
Proposal for a regulation Article 15 – paragraph 8 Amendment 617 #
Proposal for a regulation Article 15 – paragraph 8 – introductory part 8. Where a provider of political advertising services is providing services in more than one Member State, or has its main establishment or a representative in a Member State but provides its main activities in another Member State,
Amendment 618 #
Proposal for a regulation Article 15 – paragraph 8 – point a Amendment 619 #
Proposal for a regulation Article 15 – paragraph 8 – point a Amendment 620 #
Proposal for a regulation Article 15 – paragraph 8 – point a (a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact point referred to in paragraph 7, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up without undue delay;
Amendment 621 #
Proposal for a regulation Article 15 – paragraph 8 – point a (a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the
Amendment 622 #
Proposal for a regulation Article 15 – paragraph 8 – point b Amendment 623 #
Proposal for a regulation Article 15 – paragraph 8 – point b Amendment 624 #
Proposal for a regulation Article 15 – paragraph 8 – point b (b) a competent authority may request, via
Amendment 625 #
Proposal for a regulation Article 15 – paragraph 8 – point c Amendment 626 #
Proposal for a regulation Article 15 – paragraph 8 – point c Amendment 627 #
Proposal for a regulation Article 15 – paragraph 8 – point c (c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures
Amendment 628 #
Proposal for a regulation Article 15 – paragraph 8 – point c (c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the
Amendment 629 #
Proposal for a regulation Article 15 – paragraph 9 Amendment 630 #
Proposal for a regulation Article 15 – paragraph 9 Amendment 631 #
Proposal for a regulation Article 15 – paragraph 9 9. Contact points shall
Amendment 632 #
Proposal for a regulation Article 15 – paragraph 9 9. Contact points shall meet
Amendment 633 #
Proposal for a regulation Article 15 a (new) Amendment 634 #
Proposal for a regulation Article 15 a (new) Article 15 a Non-compliance 1. The competent authorities shall adopt a non-compliance decision where it finds that the sponsor or the provider of political advertisement services concerned does not comply with the relevant provisions of this Regulation. 2. Before adopting the decision pursuant to paragraph 1, the competent authority shall communicate its preliminary findings to the sponsor or the provider of political advertisement services concerned. In the preliminary findings, the competent authority shall explain the measures that it considers taking, or that it considers that the sponsor or the provider of political advertisement services concerned should take, in order to effectively address the preliminary findings. 3. In the decision adopted pursuant to paragraph 1 the competent authority shall order the sponsor or the provider of political advertisement services concerned to take the necessary measures to ensure compliance with the decision pursuant to paragraph 1 within a reasonable time period specified therein and to provide information on the measures that that they intend to take to comply with the decision. 4. The sponsor or the provider of political advertisement services concerned shall provide the competent authority with a description of the measures it has taken to ensure compliance with the decision pursuant to paragraph 1 upon their implementation. 5. The sponsor or the provider of political advertisement services concerned shall inform the competent authorities, within 30 days of the decision adopted pursuant to paragraph 1, about measures it has taken to ensure the future risk of non- compliance has been mitigated. 6. Where the competent authorities find that the conditions of paragraph 1 are not met, it shall close the investigation by a decision. The decision shall apply with immediate effect. 7. In the decision referred to in paragraph 6, the competent authorities may impose sanctions on the sponsor or the provider of political advertisement services concerned as referred to in Article 16.
Amendment 635 #
Proposal for a regulation Article 15 a (new) Article 15 a National coordinator 1. Each Member State shall designate a national coordinator for the purposes of this Regulation. The national coordinator shall carry out the following tasks: (a) act as national contact point for the Commission for all matters relating to the implementation of this Regulation; (b) ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcement tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. 2. National Coordinators shall meet periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 636 #
Proposal for a regulation Article 15 b (new) Article 15 b Right to lodge a complaint Individuals and any body, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to lodge a complaint against political actors, political advertising services, political advertising publishers and sponsors alleging an infringement of this Regulation with the competent authority that is the contact point of the Member State where the recipient is located or established. During these proceedings, both parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with national law. The competent authority shall assess the complaint and, where appropriate, transmit it to the contact point in another Member State, accompanied, where considered appropriate, by an opinion. Where the complaint falls under the responsibility of another competent authority in its Member State, the competent authority receiving the complaint shall transmit it to that authority.
Amendment 637 #
Proposal for a regulation Article 16 – paragraph 1 1.
Amendment 638 #
Proposal for a regulation Article 16 – paragraph 1 1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable cumulatively to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive.
Amendment 639 #
Proposal for a regulation Article 16 – paragraph 1 1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be timely, effective, proportionate and dissuasive.
Amendment 640 #
Proposal for a regulation Article 16 – paragraph 1 1. In relation to Articles
Amendment 641 #
Proposal for a regulation Article 16 – paragraph 1 a (new) 1 a. To avoid circumvention of the objectives of this regulation, financial penalties shall be of maximum 6% of the global turnover in the preceding financial year and no less than 0,5% to the minimum of EUR 40 000 for each violation;
Amendment 642 #
Proposal for a regulation Article 16 – paragraph 2 a (new) 2 a. Member States shall ensure that the minimum amount of fines that may be imposed for a failure to comply with an obligation laid down in this Regulation shall be 2 % of the annual worldwide turnover of the provider of political advertising services concerned in the preceding financial year.
Amendment 643 #
Proposal for a regulation Article 16 – paragraph 2 b (new) 2 b. Member States shall ensure that the minimum amount of the fine that may be imposed for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information shall be 1 % of the annual income or worldwide turnover of the provider of political advertising services concerned in the preceding financial year.
Amendment 644 #
Proposal for a regulation Article 16 – paragraph 2 c (new) 2 c. Member States shall ensure that the minimum amount of a periodic penalty payment shall be 0.1 % of the average daily worldwide turnover or income of the provider of political advertising services concerned in the preceding financial year per day, calculated from the date specified in the decision concerned.
Amendment 645 #
Proposal for a regulation Article 16 – paragraph 3 – point e a (new) (e a) the size and economic capacity of the political advertising service provider.
Amendment 646 #
Proposal for a regulation Article 16 – paragraph 3 a (new) 3 a. Member States shall notify the Commission of the type and the amount of the penalties imposed. Member States shall report annually on the type and amount of penalties imposed to enforce the provisions of this Regulation. The Commission shall summarise and evaluate these reports annually in addition to the review process provided for in Article 18 of this Regulation.
Amendment 647 #
Proposal for a regulation Article 16 – paragraph 4 4. Infringements of Article
Amendment 648 #
Proposal for a regulation Article 16 – paragraph 4 4. Infringements of Article 7 shall be considered to be particularly serious where they concern political advertising published or disseminated in the run up or during an electoral period and directed to citizens in the Member State in which the relevant election is being organised.
Amendment 649 #
Proposal for a regulation Article 16 – paragraph 4 a (new) 4 a. For infringements of Article 7 by political advertising publishers or service providers that are very large online platforms or very large search engines as defined in Article 33, of Regulation (EU) 2021/XX [Digital Services Act], Member States may impose fines up to the amount referred to in Article 74 (1) of that Regulation.
Amendment 650 #
Proposal for a regulation Article 16 – paragraph 4 a (new) 4 a. Infringements of the present Regulation by political advertisements promoted, published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised shall be considered particularly serious.
Amendment 651 #
Proposal for a regulation Article 16 a (new) Amendment 652 #
Proposal for a regulation Article 16 a (new) Article 16 a Right to lodge a complaint Any person, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to lodge a complaint against providers of political advertising, publishers and sponsors alleging an infringement of this Regulation with the contact point of the Member State where the person is located or established. During these proceedings, both parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with national law. Where the complaint falls under the responsibility of another competent authority in its Member State, the contact point receiving the complaint shall transmit it to that authority within ten working days. The competent authority receiving the complaint shall assess, and where appropriate, act within fifteen working days. During electoral periods, the assessment shall happen within five working days.
Amendment 653 #
Proposal for a regulation Article 16 b (new) Amendment 654 #
Proposal for a regulation Article 18 – paragraph 1 Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation, , in particular with regard to: (a) the effectiveness of the transparency measures and application of Chapter II, especially the design, display and placement of the label to enable a better understanding of the wider context of each political advertisements and its aims; (b) the impact on the respect for the right to data protection and privacy and application of Article 12 and 12a(new); (c) the effectiveness of the supervision and enforcement mechanisms.. The report shall be made public.
Amendment 655 #
Proposal for a regulation Article 18 – paragraph 1 Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall be made public and assess the need for amendment to this Regulation
Amendment 656 #
Proposal for a regulation Article 18 – paragraph 1 Within two years after each election to the European Parliament and for the first time by 31 December 202
Amendment 657 #
Proposal for a regulation Article 19 – paragraph 1 a (new) 1 a. The Commission shall consult the Member States before adopting delegated acts.
Amendment 658 #
Proposal for a regulation Article 19 – paragraph 2 2. The power to adopt delegated acts referred to in Article 7(1a new), 7(7), 7(8) and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections].
Amendment 659 #
Proposal for a regulation Article 19 – paragraph 2 2. The power to adopt delegated acts referred to in Articles 7(1a), 7(8) and
Amendment 660 #
Proposal for a regulation Article 19 – paragraph 3 3. The delegation of power referred to in Article 7(1a new), 7(7), 7(8) and Article 12(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 661 #
Proposal for a regulation Article 19 – paragraph 3 3. The delegation of power referred to in Articles 7(1a), 7(8) and
Amendment 662 #
Proposal for a regulation Article 19 – paragraph 4 a (new) 4 a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 20161a. _________________ 1a OJ L 123, 12.5.2916, p. 1
Amendment 663 #
Proposal for a regulation Article 19 – paragraph 5 5. A delegated act adopted pursuant to Article 7(1a new), 7(7), 7(8) or Article 12(8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that
Amendment 664 #
Proposal for a regulation Article 19 – paragraph 5 5. A delegated act adopted pursuant to Article
Amendment 665 #
Proposal for a regulation Article 19 a (new) Amendment 666 #
Proposal for a regulation Article 20 – paragraph 2 Amendment 667 #
Proposal for a regulation Article 20 – paragraph 3 Amendment 668 #
Proposal for a regulation Annex I – point a (a) where the notice is not within or attached to the advertisement itself, an example/representation of the political advertisement or a link to it.
Amendment 669 #
Proposal for a regulation Annex I – point a (a) where the notice is not within the advertisement itself, a
Amendment 670 #
(b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, verified telephone number and verified electronic mail address, and whether they are a natural or legal entity.
Amendment 671 #
Proposal for a regulation Annex I – point b (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is delivered or disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity.
Amendment 672 #
Proposal for a regulation Annex I – point b a (new) (b a) if applicable, the data used to identify the data subjects being targeted for the purpose of online political advertising, including location and special characteristics of the data subjects.
Amendment 673 #
Proposal for a regulation Annex I – point c (c) the period during which the political advertisement is delivered or disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past.
Amendment 674 #
Proposal for a regulation Annex I – point d (d) any election, referendum, legislative or regulatory process with which the advertising is linked, if applicable.
Amendment 675 #
Proposal for a regulation Annex I – point d (d) any election, referendum, or political campaign with which the advertising is linked, if applicable.
Amendment 676 #
Proposal for a regulation Annex I – point d (d) any election or referendum with which the advertising is linked, if applicable.
Amendment 677 #
Proposal for a regulation Annex I – point e (e) the provisional aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where
Amendment 678 #
Proposal for a regulation Annex I – point e (e) the provisional aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication, delivery and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known.
Amendment 679 #
Proposal for a regulation Annex I – point f (f) the sources of the funds being used for the specific advertising campaign including for the preparation, placement, promotion, publication, delivery and dissemination of the political advertisements.
Amendment 680 #
Proposal for a regulation Annex I – point h (h)
Amendment 681 #
Proposal for a regulation Annex I – point h (h)
Amendment 682 #
Proposal for a regulation Annex II Amendment 683 #
Proposal for a regulation Annex II – point a (a) the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated, with the same level of detail as used for the targeting and the ad delivery, the categories of personal data used for the targeting, ad delivery and amplification, the targeting, ad delivery and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing
Amendment 684 #
Proposal for a regulation Annex II – point a (a) the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is delivered or disseminated, with the same level of detail as used for the targeting, the categories of personal data used for the targeting and amplification, the targeting and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters.
Amendment 685 #
Proposal for a regulation Annex II – point b (b) the period of delivery or dissemination, the number of individuals to whom the advertisement is disseminated and indications of the size of the targeted audience within the relevant electorate.
Amendment 686 #
Proposal for a regulation Annex II a (new) Annex IIa new - Information to be provided under Article 11a (new) (a) Advertiser specified content including where applicable, content author, all text, image, video, audio, captions for images and videos, links to other assets or external websites, combinations of advertisement creative elements as they were displayed to the recipients to whom the advertising is delivered or disseminated, interaction possibilities offered to the recipients to whom the advertising is disseminated. (b) Meta data including where applicable the disclosure string, content author, unique platform advertiser identifier, national advertiser identifier, timing details including the date of creation of the advertisement and the period of dissemination, information if an advertisement was removed and a statement of reason, information on repeated misdeclarations of advertisements. (d) Ad delivery and results including the number of individuals reached in terms of paid and organic impressions and engagements (per day and in total), where applicable aggregate numbers for the full and detailed list of groups of individuals targeted and distinctly from that ultimately delivered to by the means of ad delivery techniques, all parameters used for targeting, ad delivery and amplification techniques used including the inclusion and exclusion parameters and the reasons for choosing these parameters.
source: 736.517
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History
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