Next event: Text adopted by Parliament, 1st reading/single reading 2024/03/13 more...
- Decision by Parliament, 1st reading 2024/03/13
- Debate in Parliament 2024/03/12
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2024/01/24
- Text agreed during interinstitutional negotiations 2024/01/22
- Coreper letter confirming interinstitutional agreement 2024/01/19
- Contribution 2023/12/04
- Results of vote in Parliament 2023/10/03
- Debate in Parliament 2023/10/03
- Decision by Parliament, 1st reading 2023/10/03
- Matter referred back to the committee responsible 2023/10/03
- Committee report tabled for plenary, 1st reading 2023/09/12
- Vote in committee, 1st reading 2023/09/07
- Committee opinion 2023/09/01
- Contribution 2023/07/20
- Committee opinion 2023/06/29
- Amendments tabled in committee 2023/05/05
- Amendments tabled in committee 2023/05/05
- Amendments tabled in committee 2023/05/05
- Amendments tabled in committee 2023/05/05
- Amendments tabled in committee 2023/05/05
Progress: Awaiting Council's 1st reading position
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CULT | VERHEYEN Sabine ( EPP) | KAMMEREVERT Petra ( S&D), JOVEVA Irena ( Renew), RIBA I GINER Diana ( Verts/ALE), GRISET Catherine ( ID), SLABAKOV Andrey ( ECR), KOULOGLOU Stelios ( GUE/NGL) |
Committee Opinion | IMCO | DIDIER Geoffroy ( EPP) | Andrus ANSIP ( RE), Carlo FIDANZA ( ECR), Stelios KOULOGLOU ( GUE/NGL), Marco CAMPOMENOSI ( ID), Marcel KOLAJA ( Verts/ALE), Alex AGIUS SALIBA ( S&D) |
Committee Opinion | LIBE | STRUGARIU Ramona ( Renew) | Clare DALY ( GUE/NGL), Vladimír BILČÍK ( PPE), Nicolaus FEST ( ID), Daniel FREUND ( Verts/ALE), Cristian TERHEŞ ( ECR), Elena YONCHEVA ( S&D) |
Lead committee dossier:
Legal Basis:
RoP 57, TFEU 114
Legal Basis:
RoP 57, TFEU 114Subjects
Events
The European Parliament adopted by 448 votes to 102, with 15 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU.
The matter was referred back to the committee responsible for interinstitutional negotiations.
Subject matter and scope
The amended text stipulated that the regulation lays down common rules for the proper functioning of the internal market for media services, including the establishment of the European Board for Media Services, and common basic principles to serve as minimum standards, while ensuring the independence of media services.
Rights of recipients of media services
Members want Member States to ensure, in accordance with the Charter of Fundamental Rights of the European Union, that recipients of media services have access to a plurality of media services produced by editorially independent media service providers, without any interference from the state, in order to guarantee free and democratic expression. Member States must create the necessary framework conditions to guarantee these rights and to safeguard, preserve and promote media pluralism.
Rights of media service providers
Member States should respect the effective editorial freedom of media service providers. They should not oblige them to reveal their sources, access encrypted content on their devices or target them with spyware .
By way of derogation, the use of spyware could only be justified as a last resort, on a case-by-case basis, and if ordered by an independent judicial body to investigate a serious crime punishable in the Member State concerned by a custodial sentence or detention order for a maximum period of at least five years.
Safeguards for the independent operation of public service media providers
According to Members, Member States should ensure that:
- public service media providers have full autonomy and editorial independence from governmental, political, economic or private vested interests in order to provide, in the exercise of their public service remit, in an impartial and independent manner, a plurality of information and opinions to their audiences;
- the principles of independence, accountability, effectiveness, transparency and openness are respected when the management structures of public service media are appointed.
Member States should ensure that public service media providers have adequate, sustainable and predictable financial resources on a multiannual basis for the fulfilment of their public service remit and to meet the objectives thereof.
Obligations of media service providers producing news and current affairs content
Media service providers should make the following information directly and permanently accessible in an easy manner to the recipients of their services:
- whether and to what extent their direct, indirect or beneficial ownership is held by the government, a State institution, a State-owned enterprise or another public body;
- the name and professional contact details of the natural person who bears editorial responsibility in accordance with the law of the relevant Member State;
- details concerning the ownership structure and how they are related to their parent and sister companies and their subsidiaries;
- state advertising and state financial support allocated to them.
National regulatory authorities or bodies should be entrusted to establish national media ownership databases.
Allocation of public funds for state advertising and purchases
Members considered that public funds allocated for the purposes of advertising to a singular media service provider, including to an online platform provider or to an online search engine provider, should not exceed 15 % of the total budget allocated by the public authority to the totality of media service providers operating at national level.
National regulatory authorities or bodies should monitor the allocation of state funding in media markets and to providers of online platforms and providers of online search engines.
Content of media service providers on very large online platforms
Providers of very large online platforms should ensure that decisions concerning content moderation and any other actions they undertake do not negatively impact media freedom and pluralism . They should provide a functionality allowing recipients of their services to declare: (i) that they are media service providers within the meaning of the Regulation and comply with their obligations; (ii) that they are editorially independent from any Union institution, body, office or agency and from Member States, political parties and third countries; (iii) that they do not provide content generated by an artificial intelligence system without subjecting such content to human oversight and editorial control.
Members called for the creation of a mechanism to manage content takedown orders . Platforms should first process declarations to distinguish independent media from non-independent sources. Media should then be notified of the platform’s intention to delete or restrict their content alongside a 24-hour window for the media to respond. If after this period the platform still considers the media content fails to comply with its terms and conditions, they can proceed with deleting, restricting or referring the case to national regulators to take the final decision without delay. However, if the media provider considers that the platform’s decision does not have sufficient grounds and undermines media freedom, they have right to bring the case to an out-of-court dispute settlement body.
More independent EU media body
Members called for the European Board for Media Services to be legally and functionally independent from the Commission and able to act independently from it. They also called for an independent expert group , representing the media sector and civil society, to advise this new Board.
The Committee on Culture and Education adopted the report by Sabine VERHEYEN (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter and scope
The amended text stipulates that the Regulation lays down common rules for the proper functioning of the internal market for media services, including the establishment of the European Board for Media Services (the ‘Board’), and common basic principles to serve as minimum standards, while ensuring the independence of media services.
Rights of media service providers
Member States should respect effective editorial freedom of media service providers. Member States, including their national regulatory authorities and bodies, should not :
- oblige media services providers or their employees to disclose any information related to editorial processing, including on their sources, or to disseminate such information;
- access encrypted content data on any device or in any machine used by media service providers or, if applicable, their families or their employees or their family members or, if applicable, any other person belonging to their professional or private network of relationships, including occasional contacts;
- deploy surveillance measures or use surveillance technology, or instruct private entities to use such measures or such technology, in any device or machine used by media service providers;
- deploy spyware or any similar intrusive technology, or instruct private entities to use spyware or such technology, in any device or machine used by media service providers.
Safeguards for the independent functioning of public service media providers
The report stated that Member States should ensure, by means of national law and their actions, that the principles of independence, accountability, effectiveness, transparency and openness are respected when the management structures of public service media are appointed. They should also appoint an independent authority or establish independent procedures for determining the financial needs appropriate for public service media providers. Member States should ensure that independent judicial review is guaranteed.
Allocation of expenditure on state advertising
Members considered that public funding allocated for advertising purposes to a given media service provider, including an online platform provider or an online search engine provider, should not exceed 15% of the total budget allocated by the public authority to all media service providers operating at national level.
Furthermore, in the interests of transparency, Members considered it necessary to create easily understandable and publicly available reports in order to gather all information concerning the allocation of public funds for the purposes of state advertising and purchases provided by media service providers, providers of online platforms and providers of online search engines.
Those reports should provide a yearly overview of the total amount of public funds for the purposes of state advertising and purchases from State entities, including from third countries, allocated to each media service provider, provider of online platforms and provider of online search engines.
National regulatory authorities or bodies
Member States should proportionally increase the financial, human and technical resources allocated to national regulatory authorities or bodies in order to take into account the additional tasks conferred upon them under this Regulation.
It is proposed that national regulatory authorities or bodies should hold regular consultations with the representatives of the media sector.
Moreover, Member States should entrust the national regulatory authorities or bodies with developing and maintaining dedicated online media ownership databases. The public should have easy, swift and effective access, free of charge, to such databases.
European Board for Media Services replacing the European Regulators Group for Audiovisual Media Services (ERGA)
Members called for a new body to be set up, the European Board for Media Services (the Board), which should be legally and functionally independent from the Commission and able to act on its own, not only at the Commission’s request. The board should be assisted by a separate and independent secretariat. Both the board and the secretariat should be provided with the human and financial resources necessary for the performance of their tasks. The budget of the board and the secretariat should be shown in a separate budgetary line within the relevant heading of section III of the budget of the Union.
Lastly, an independent expert group should be set up consisting of representatives from the media sector beyond the audiovisual media sector.
PURPOSE: to establish a common framework for media services in the internal market (European Media Freedom Act) to safeguard the pluralism and independence of the media in the EU internal market.
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: independent media services play a unique role in the internal market. Given their unique role, the protection of media freedom and pluralism is an essential feature of a well-functioning internal market for media services. This market has substantially changed since the beginning of the new century, becoming increasingly digital and international. It offers many economic opportunities but also faces a number of challenges.
Against this background, the proposal seeks to tackle a series of problems affecting the functioning of the internal market for media services and the operation of media service providers. In particular, media companies face obstacles hindering their operation and impacting investment conditions in the internal market such as different national rules and procedures related to media freedom and pluralism. These rules include in particular scrutiny of market concentrations for media pluralism purposes and protectionist measures affecting the operation of media companies. Such rules have created fragmentation in the internal market, impacting legal certainty for media market players and resulting in additional costs when operating across borders.
The proposal is in line with the EU's efforts in promoting democratic participation, fighting disinformation and supporting media freedom and pluralism as set out in the European Democracy Action Plan .
CONTENT: the proposal lays down common rules for the proper functioning of the internal market for media services , including the establishment of the European Board for Media Services, while preserving the quality of media services.
It is articulated around four specific objectives:
(1) Fostering cross-border activity and investment in media services by harmonising certain elements of the diverging national media pluralism frameworks, in particular to facilitate cross-border service provision. Through coordination at EU level, the proposal aims to ensure that when assessing media market concentrations independent national authorities approach media pluralism and media independence in a consistent manner.
(2) Increasing regulatory cooperation and convergence through cross-border coordination tools and EU-level opinions and guidelines. This will promote consistent approaches to media pluralism and media independence and provide effective protection for users of media services from illegal and harmful content, including online and with regard to service providers (including from third countries) not following EU media standards.
(3) Facilitating provision of quality media services by mitigating the risk of undue public and private interference in editorial freedom. The proposal aims to guarantee that journalists and editors can work without interference, including when it comes to protecting their sources and communications. By fostering editorial independence, it also guarantees better protection for the interests of recipients of media services.
(4) Ensuring transparent and fair allocation of economic resources in the internal media market by enhancing transparency and fairness in audience measurement and allocation of state advertising. The proposal aims to ensure transparency, non-discrimination, proportionality, objectivity and inclusiveness of audience measurement methodologies, in particular online. It will also ensure transparency, non-discrimination, proportionality and objectivity in allocation of state advertising to media outlets, in order to minimise the risks of the misuse of public funding for partisan interests, to the detriment of other market players. It will thus promote fair competition in the internal media market.
More specifically, the proposal lays down the following provisions:
European Board for Media Services
The proposal establishes the European Board for Media Services, the collective body of independent media regulators, replacing and succeeding the European Regulators Group for Audiovisual Media Services (ERGA). It sets out the requirements for the independence of the Board and specifies its structure. The Board will receive administrative and organisational support, required for carrying out its tasks, from a secretariat provided by the Commission. The Chapter lists the tasks of the Board under the Regulation.
Large online platforms
Regarding specific issues concerning the provision of media services in a digital environment, the proposal offers additional protection against the unjustified removal by very large online platforms of media content produced according to professional standards. Such platforms will need to take all possible measures to communicate the reasons for suspending content to media service providers before the suspension takes effect. The procedure includes a series of safeguards to ensure that this early warning procedure is in line with other priorities of the Commission, such as the fight against disinformation. Any complaints lodged by media service providers must be processed with priority by those platforms. The proposal provides for a meaningful and effective dialogue between the parties to avoid unjustified content removals and for obligatory annual reporting by very large online platforms.
Audience measurement
Requirements for audience measurement systems and methodologies should be deployed by relevant market players. The rules are accompanied by an encouragement to draw up codes of conduct and to foster exchanges of best practices. The proposal also provides for common requirements on the allocation of state advertising expenditure to media service providers, without affecting the public procurement rules and the State aid rules.
Cooperation and monitoring
The proposal establishes rules and procedures for regulatory cooperation and convergence in the internal media market, comprising a mechanism for structured cooperation, requests for enforcement measures, guidance on media regulation matters and coordination of measures concerning third-country media services. The provisions are intended to ensure a closer cooperation among national regulatory authorities and bodies in different areas of media regulation.
An evaluation of the instrument and a report to the European Parliament, the Council and the European Economic and Social Committee are envisaged within 4 years from its entry into force and every 4 years thereafter.
Documents
- Text adopted by Parliament, 1st reading/single reading: T9-0137/2024
- Decision by Parliament, 1st reading: T9-0137/2024
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE758.148
- Text agreed during interinstitutional negotiations: PE758.148
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000418
- Contribution: COM(2022)0457
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T9-0336/2023
- Committee report tabled for plenary, 1st reading: A9-0264/2023
- Committee opinion: PE746.757
- Contribution: COM(2022)0457
- Committee opinion: PE742.456
- Amendments tabled in committee: PE747.019
- Amendments tabled in committee: PE747.022
- Amendments tabled in committee: PE747.023
- Amendments tabled in committee: PE747.024
- Amendments tabled in committee: PE747.025
- Committee draft report: PE746.655
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Committee of the Regions: opinion: CDR1745/2023
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Economic and Social Committee: opinion, report: CES4748/2022
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Document attached to the procedure: OJ C 487 22.12.2022, p. 0009
- Document attached to the procedure: N9-0001/2023
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2022)0322
- Document attached to the procedure: SWD(2022)0286
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0287
- Legislative proposal published: COM(2022)0457
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2022)0322
- Document attached to the procedure: SWD(2022)0286
- Document attached to the procedure: EUR-Lex SWD(2022)0287
- Document attached to the procedure: OJ C 487 22.12.2022, p. 0009 N9-0001/2023
- Economic and Social Committee: opinion, report: CES4748/2022
- Committee of the Regions: opinion: CDR1745/2023
- Committee draft report: PE746.655
- Amendments tabled in committee: PE747.019
- Amendments tabled in committee: PE747.022
- Amendments tabled in committee: PE747.023
- Amendments tabled in committee: PE747.024
- Amendments tabled in committee: PE747.025
- Committee opinion: PE742.456
- Committee opinion: PE746.757
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000418
- Text agreed during interinstitutional negotiations: PE758.148
- Text adopted by Parliament, 1st reading/single reading: T9-0137/2024
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
- Contribution: COM(2022)0457
Activities
- Andrus ANSIP
Plenary Speeches (0)
- Andrea BOCSKOR
Plenary Speeches (0)
- Vilija BLINKEVIČIŪTĖ
Plenary Speeches (0)
- Geoffroy DIDIER
Plenary Speeches (0)
- Angel DZHAMBAZKI
Plenary Speeches (0)
- Maria GRAPINI
Plenary Speeches (0)
- Sylvie GUILLAUME
Plenary Speeches (0)
- Stelios KOULOGLOU
Plenary Speeches (0)
- Georgios KYRTSOS
Plenary Speeches (0)
- Gilles LEBRETON
Plenary Speeches (0)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (0)
- Lukas MANDL
Plenary Speeches (0)
- Maite PAGAZAURTUNDÚA
Plenary Speeches (0)
- Pina PICIERNO
Plenary Speeches (0)
- Evelyn REGNER
Plenary Speeches (0)
- Paulo RANGEL
Plenary Speeches (0)
- Pirkko RUOHONEN-LERNER
Plenary Speeches (0)
- Christel SCHALDEMOSE
Plenary Speeches (0)
- Romana TOMC
Plenary Speeches (0)
- Sabine VERHEYEN
Plenary Speeches (0)
- Henna VIRKKUNEN
Plenary Speeches (0)
- Harald VILIMSKY
Plenary Speeches (0)
- Tatjana ŽDANOKA
Plenary Speeches (0)
- Željana ZOVKO
Plenary Speeches (0)
- Clare DALY
Plenary Speeches (0)
- Massimiliano SMERIGLIO
Plenary Speeches (0)
- Vladimír BILČÍK
Plenary Speeches (0)
- Saskia BRICMONT
Plenary Speeches (0)
- Katalin CSEH
Plenary Speeches (0)
- Laurence FARRENG
Plenary Speeches (0)
- Alexandra GEESE
Plenary Speeches (0)
- Dino GIARRUSSO
Plenary Speeches (0)
- Andrzej HALICKI
Plenary Speeches (0)
- Irena JOVEVA
Plenary Speeches (0)
- Marcel KOLAJA
Plenary Speeches (0)
- Mislav KOLAKUŠIĆ
Plenary Speeches (0)
- Diana RIBA I GINER
Plenary Speeches (0)
- Ivan Vilibor SINČIĆ
Plenary Speeches (0)
- Ramona STRUGARIU
Plenary Speeches (0)
- Mick WALLACE
Plenary Speeches (0)
- Billy KELLEHER
Plenary Speeches (0)
- Daniel FREUND
Plenary Speeches (0)
- Sabrina PIGNEDOLI
Plenary Speeches (0)
- Alex AGIUS SALIBA
Plenary Speeches (0)
- Bogdan RZOŃCA
Plenary Speeches (0)
- Catherine GRISET
Plenary Speeches (0)
- Cristian TERHEŞ
Plenary Speeches (0)
- Abir AL-SAHLANI
Plenary Speeches (0)
- Tomasz FRANKOWSKI
Plenary Speeches (0)
- Gianantonio DA RE
Plenary Speeches (0)
- Klára DOBREV
Plenary Speeches (0)
- Elena YONCHEVA
Plenary Speeches (0)
- David CORMAND
Plenary Speeches (0)
- Sven SIMON
Plenary Speeches (0)
- Sunčana GLAVAK
Plenary Speeches (0)
- Elżbieta KRUK
Plenary Speeches (0)
- Marc ANGEL
Plenary Speeches (0)
- Miriam LEXMANN
Plenary Speeches (0)
- Ladislav ILČIĆ
Plenary Speeches (0)
- Patricia CHAGNON
Plenary Speeches (0)
Amendments | Dossier |
528 |
2022/0277(COD)
2023/04/13
IMCO
528 amendments...
Amendment 173 #
Proposal for a regulation Recital 3 (3) In the digital media space, citizens and businesses access and consume media content, immediately available on their personal devices, increasingly in a cross- border setting.
Amendment 174 #
Proposal for a regulation Recital 4 (4) However, the internal market for media services is insufficiently integrated. A number of unjustified national restrictions hamper free movement within the internal market.
Amendment 175 #
Proposal for a regulation Recital 8 (8) In the digitalised media market, providers of video-sharing platforms or
Amendment 176 #
Proposal for a regulation Recital 8 a (new) (8a) On the other hand, providers of video-sharing platforms and other actors such as providers of social networks should be considered as online platforms or very large online platforms in the sense of Regulation (EU) 2022/2065 provided that the provider does not play an active role of such kind as to give it knowledge of or control over the content uploaded to its platforms. Online platforms’ capacity to offer content without exercising editorial responsibility over it and market the ability to target users with advertising allows them to act as direct competitors to media service providers whose content they intermediate and distribute. Given the transfer of economic value in favour of online platforms, the audience measurement definition should take into account content consumed by users of media services and users of online platforms. This will ensure that all intermediaries involved in content distribution are transparent about their audience measurement methodologies so as to enable advertisers to make informed choices that drive competition.
Amendment 177 #
Proposal for a regulation Recital 9 (9) The definition of audience measurement should cover measurement systems developed as agreed by industry standards within self-regulatory organisations, like the Joint Industry Committees, and measurement systems developed outside such self-regulatory approaches. The latter tend to be deployed by certain online players who self-measure or provide their proprietary audience measurement systems to the market, which do not necessarily abide by the commonly agreed industry standards. Given the significant impact that such audience measurement systems have on the advertising and media markets, they should be covered by this Regulation, this will ensure that all providers, including providers of proprietary audience measurement systems, are transparent about their audience measurement methodologies.
Amendment 178 #
Proposal for a regulation Recital 9 (9) The definition of audience measurement should cover measurement systems developed as agreed by industry standards within self-regulatory organisations, like the Joint Industry Committees, and measurement systems developed outside such self-regulatory approaches. The latter tend to be deployed by certain online players who self-measure or provide their proprietary audience measurement systems to the market, which do not necessarily abide by the commonly agreed industry standards. Given the significant impact that such audience measurement systems have on the advertising and media markets, they should be covered by this Regulation. Media service providers that abide by commonly agreed industry standards shall not be considered as providers of proprietary audience measurement systems.
Amendment 179 #
Proposal for a regulation Recital 9 a (new) (9a) Online platforms’ capacity to offer content without exercising editorial responsibility over it and to market the ability to target users with advertising allows them to act as direct competitors to media service providers whose content they intermediate and distribute. The audience measurement definition should therefore also take into account content consumed both by users of media services and users of online platforms. This will ensure that all intermediaries involved in content distribution are transparent about their audience measurement methodologies so as to enable advertisers to make informed choices that drive competition.
Amendment 180 #
Proposal for a regulation Recital 10 (10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including the Commission and its agencies, governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or regional level, or local governments of territorial entities
Amendment 181 #
Proposal for a regulation Recital 10 (10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or regional level, or local governments of territorial entities of more than 1 million inhabitants in which the State is involved in the everyday business and has influence or control over advertising strategies. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other sudden incidents that can cause harm to individuals.
Amendment 182 #
Proposal for a regulation Recital 12 a (new) Amendment 183 #
Proposal for a regulation Recital 16 (16) Journalists and editors are the main actors in the production and provision of trustworthy media content, in particular by reporting on news or current affairs. It is essential therefore to protect journalists’ capability to collect, fact-check and analyse information, including information imparted confidentially. In particular, media service providers and journalists (including those operating in non-standard forms of employment, such as freelancers) should be able to rely on a robust protection of journalistic sources and communications, including against deployment of surveillance and encryption deconstruction technologies, since without such protection sources may be deterred from assisting the media in informing the public on matters of public interest. As a result, journalists’ freedom to exercise their economic activity and fulfil their vital ‘public watchdog’ role may be undermined, thus affecting negatively access to quality media services. The protection of journalistic sources contributes to the protection of the fundamental right enshrined in Article 11 of the Charter.
Amendment 184 #
Proposal for a regulation Recital 18 (18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access universal and varied offers including to quality information as well as balanced and impartial media coverage, as part of their
Amendment 185 #
Proposal for a regulation Recital 18 (18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to universal and varied offers including quality information, and balanced and impartial media coverage, as part of their
Amendment 186 #
Proposal for a regulation Recital 18 (18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have universal access to quality information, services and impartial media coverage, as part of their
Amendment 187 #
Proposal for a regulation Recital 18 (18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to varied offers including quality information, balanced and impartial media coverage, as part of their mission. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, to put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their mission that enables predictability in their planning. Preferably, such funding should be decided and appropriated on a multi-year basis, in line with the public service mission of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States to provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Amendment 188 #
Proposal for a regulation Recital 20 (20) Media integrity also requires a proactive approach to promote editorial independence by news media companies, in particular through internal safeguards. Media service providers should adopt proportionate measures to guarantee,
Amendment 189 #
Proposal for a regulation Recital 20 (20) Media integrity also requires a proactive approach to promote editorial independence by news media companies, in particular through internal safeguards. Media service providers should adopt proportionate measures to guarantee,
Amendment 190 #
Proposal for a regulation Recital 20 (20) Media integrity also requires a proactive approach to promote editorial independence by news media companies, in particular through internal safeguards. Media service providers should adopt proportionate measures to guarantee,
Amendment 191 #
Proposal for a regulation Recital 20 (20) Media integrity also requires a proactive approach to promote editorial independence by news media companies, in particular through internal safeguards. Media service providers should adopt proportionate measures to guarantee, once the overall editorial line has been agreed between their owners and editors, the freedom of the editors to take individual decisions in the course of their professional activity. The objective to shield editors from undue interference in their decisions taken on specific pieces of content as part of their everyday work contributes to ensuring a level playing field in the internal market for media services and the quality of such services. That objective is also in conformity with the fundamental right to receive and impart information under Article 11 of the Charter. In view of these considerations, media service providers should also ensure transparency of actual or potential conflicts of interest to their service recipients. This is without prejudice to existing legal and self- regulatory frameworks of Member States that govern liability rules applicable to the editorial content of media services.
Amendment 192 #
Proposal for a regulation Recital 21 (21)
Amendment 193 #
Proposal for a regulation Recital 21 (21)
Amendment 194 #
Proposal for a regulation Recital 22 (22) Independent national regulatory authorities or bodies are key for the proper application of media law across the Union. National regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU are best placed to ensure the correct application of the requirements related to regulatory cooperation and a well-functioning market for media services, envisaged in Chapter III of this Regulation.
Amendment 195 #
Proposal for a regulation Recital 22 (22) Independent national regulatory authorities or bodies are key for the proper application of media law across the Union.
Amendment 196 #
Proposal for a regulation Recital 22 a (new) (22a) In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union.
Amendment 197 #
Proposal for a regulation Recital 22 a (new) (22a) Directive 2010/13/EU and this Regulation are different legislative instruments, inasmuch they have different scopes, the tasks, conferred by them should be treated separately in order to avoid overlap in their implementation.
Amendment 198 #
Proposal for a regulation Recital 23 (23) The Board should bring together senior representatives of the national
Amendment 199 #
Proposal for a regulation Recital 23 (23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several
Amendment 200 #
Proposal for a regulation Recital 23 (23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right
Amendment 201 #
Proposal for a regulation Recital 23 (23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have
Amendment 202 #
Proposal for a regulation Recital 23 (23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings,
Amendment 203 #
Proposal for a regulation Recital 24 (24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions
Amendment 204 #
Proposal for a regulation Recital 24 (24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board
Amendment 205 #
Proposal for a regulation Recital 24 (24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and may draw up opinions in
Amendment 206 #
Proposal for a regulation Recital 24 (24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this
Amendment 207 #
Proposal for a regulation Recital 24 (24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions in
Amendment 208 #
Proposal for a regulation Recital 24 (24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions
Amendment 209 #
Proposal for a regulation Recital 26 (26)
Amendment 210 #
Proposal for a regulation Recital 27 (27) Due to the pan-European nature of video-sharing platforms, national regulatory authorities or bodies need to have a dedicated tool to protect viewers of video-sharing platform services from
Amendment 211 #
Proposal for a regulation Recital 28 (28) Ensuring a consistent regulatory practice regarding this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the
Amendment 212 #
Proposal for a regulation Recital 28 (28) Ensuring an effective application and consistent regulatory practice regarding this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty
Amendment 213 #
Proposal for a regulation Recital 28 (28) Ensuring a consistent regulatory practice regarding this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market,
Amendment 214 #
Proposal for a regulation Recital 28 a (new) (28a) Transparency of media ownership is a fundament to monitor and understand functioning of the European media market. A media ownership database serves as a one stop shop for citizens and other stakeholders with information mapping the ownership structures in the market. The Board and the Member States need to cooperate in information collecting, maintaining and updating the database as a primary source of such information.
Amendment 215 #
Proposal for a regulation Recital 28 b (new) (28b) Minimum harmonisations of rules regarding restrictions on media ownership across the Union is one of the fundaments in order to guarantee a fair plurality and to protect fair competition among media services providers within the European media market and to uphold the right for consumers to receive variety of diverse information and opinions in an impartial and pluralistic manner.
Amendment 216 #
Proposal for a regulation Recital 30 (30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the
Amendment 217 #
Proposal for a regulation Recital 30 (30) Regulatory authorities or bodies referred to in Article 30 of Directive
Amendment 218 #
Proposal for a regulation Recital 30 (30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers established outside the Union that target audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordination between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant
Amendment 219 #
Proposal for a regulation Recital 30 (30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers established outside the Union that target audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordination between national regulatory authorities or bodies to face together possible public security and
Amendment 220 #
Proposal for a regulation Recital 30 a (new) (30a) In the case of audiovisual media services providers under jurisdiction of EU Member States pursuant to Article 2 of Directive 2010/13/EU, in order to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance, pursuant to an opinion of the Board, should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Following the request of the authority or body from another Member State, the competent national authority or body could be invited by the opinion of the Board to undertake certain measures, where the threats mentioned above are proven and are prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 221 #
Proposal for a regulation Recital 30 a (new) (30a) In the case of audiovisual media service providers under the jurisdiction of EU Member States pursuant to Article 2 of Directive 2010/13/EU, a mechanism of accelerated cooperation and assistance shall be available to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, in compliance with Union law. To guarantee the effectiveness of the relevant national measures, according to an opinion of the Board, a competent national authority or body could be invited by the opinion of the Board to undertake specific measures where the threats mentioned above are proven and are prejudicing or presenting a grave risk of prejudice for the several Member States or the Union. Risks to public security and defense need to be assessed with a view to all relevant factual and legal elements at national and European levels. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 222 #
Proposal for a regulation Recital 30 b (new) (30b) To encourage the coherence of decisions and facilitate cooperation between national regulatory authorities or bodies, the Board should develop a set of fundamental requirements for the service provider and the service provided. The requirements shall be used by national regulatory authorities or bodies when a media service provider originating from outside of the Union seeks jurisdiction in one of the Member States or when it is already under the jurisdiction of a Member State. The requirements should, inter alia, cover content, ownership, economic and financial connections, editorial independence, or lack thereof from the third country state. They shall allow relevant authorities or bodies to identify and, if needed, prevent the entry into the EU market of media service providers which present a grave risk of prejudice to public security and defense, public health, or where their programs contain incitement to violence or hatred or public provocation to commit a terrorist offense.
Amendment 223 #
Proposal for a regulation Recital 30 b (new) (30b) In order to foster the coherence of decisions and facilitate the eventual cooperation between national regulatory authorities or bodies, the Board should develop a set of basic criteria on the service provider and the service provided. Those criteria should be used by national regulatory authorities or bodies, when a media service provider originating from outside of the Union seeks jurisdiction in one of the Member States, or when it is already under the jurisdiction of a Member State. The criteria should inter alia cover content, ownership, economic and financial connections, editorial independence or lack thereof from the third country state and should allow relevant authorities or bodies to identify, and if needed prevent, the entry into the EU market, of media service providers which present a serious and grave risk of prejudice to public security and defence, public health, or where their programs contain incitement to violence or hatred or public provocation to commit a terrorist offence.
Amendment 224 #
Proposal for a regulation Recital 30 c (new) (30c) As any measures limiting the freedom of media and of speech can only be envisaged in highly exceptional and justified cases, the implication of the Board should be limited to what is strictly necessary and therefore should be triggered following a request of a minimum number of Board members to be defined in the Board’s Rules of procedure. Once adopted, the opinions of the Board should be taken into utmost account by the national regulatory authorities or bodies concerned.
Amendment 225 #
Proposal for a regulation Recital 31 (31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental
Amendment 226 #
Proposal for a regulation Recital 31 (31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54 . To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should
Amendment 227 #
Proposal for a regulation Recital 31 (31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental
Amendment 228 #
Proposal for a regulation Recital 31 (31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/
Amendment 229 #
Proposal for a regulation Recital 31 (31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory
Amendment 230 #
Proposal for a regulation Recital 31 a (new) (31a) Very large online platforms shall be responsible for the content that media service providers from outside the EU publish on their platforms, targeting audiences in Member States. The responsibility of very large online platforms includes determining whether such media services prejudice or present a grave risk of prejudice to public security and defence. To that end, the platforms shall take all necessary technical and organisational measures to prevent such content from being disseminated on their platforms, in compliance with Union law, in particular according to Regulation (EU) 2022/2065. In coordination with national regulatory authorities or bodies, the Board may issue opinions on appropriate measures to address such risks, and the platforms shall consider such opinions. In addition, the platforms shall provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council, in case their content is restricted or suspended on the platforms. The platforms shall also endeavor to submit the statement of reasons prior to the restriction or suspension taking effect, without prejudice to their obligations under Regulation (EU) 2022/2065, to minimize the impact of any restriction on users’ freedom of information.
Amendment 231 #
Proposal for a regulation Recital 32 (32) It is furthermore justified, in view of an expected positive impact on freedom to provide services and freedom of expression, that
Amendment 232 #
Proposal for a regulation Recital 33 (33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms
Amendment 233 #
Proposal for a regulation Recital 33 (33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met.
Amendment 234 #
Proposal for a regulation Recital 33 (33) To this end, providers of very large online platforms should
Amendment 235 #
Proposal for a regulation Recital 33 a (new) (33a) To avoid an eventual abuse of the declaration system by media service providers which do not effectively comply with the requirements stipulated in Article 17(1) of this Regulation, in case of repeated violation of the law or breach of terms and conditions, the provider of a very large online platform should invalidate a declaration of a media service provider and should inform the supervising or regulatory entity about the invalidation of such declaration. If a media service provider is operating in more than one Member State and is violating the law or breaching terms and conditions in one Member State, the provider of a very large online platform shall inform the Board, which will have to notify the regulatory authorities and bodies in the other states where the media service provider operates about the situation created by the respective media service provider.
Amendment 236 #
Proposal for a regulation Recital 35 (35) Providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency
Amendment 237 #
Proposal for a regulation Recital 36 (36) Building on the useful role played by ERGA in monitoring compliance by the signatories of EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to foster access to diverse offers of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including those aimed at countering disinformation. The Commission may, where relevant, examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the Union under Regulation (EU) 2022/
Amendment 238 #
Proposal for a regulation Recital 36 (36) Building on the useful role played by ERGA in monitoring compliance by the signatories of EU Code of Practice on Disinformation, the Board should, at least on a yearly basis, organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to foster access to diverse offers of independent media on very large online platforms, discuss experience and best practices related to the application of the relevant provisions of this Regulation and to monitor
Amendment 239 #
Proposal for a regulation Recital 36 a (new) (36a) To ensure that the Board’s involvement and contribution to the relationship between providers of very large online platforms or search engines and media service providers in the online environment is as effective and valuable as possible, the Board should be entitled, upon request, to receive all the necessary information from the providers of very large online platforms and search engines, including the exchange of information between the providers of very large online platforms and search engines and the media service providers.
Amendment 240 #
Proposal for a regulation Recital 36 b (new) (36b) In collaboration with national regulatory agencies or bodies, the Board should issue an annual report on media freedom in each Member State. The report must include a transparency index and other criteria deemed necessary to assess the state of media freedom, such as the independence of media outlets, the level of media pluralism, journalists' access to information, journalists' safety, the level of media ownership concentration, the effectiveness of media self-regulation, public trust in the media, the existence of public funding for media, and the level of media literacy among the general public. The report should also include suggestions for each Member State based on the study cases chosen in consultation with national regulatory authorities or bodies to improve cooperation among national regulatory authorities or bodies and promote media freedom and plurality in the Union. The Commission should consider the report and suggestions when reviewing systematic and emergent concerns across the Union under Regulation (EU) 2022/2065, and may request Board cooperation in this regard.
Amendment 241 #
Proposal for a regulation Recital 37 (37) Recipients of audiovisual media services should be able to effectively choose the audiovisual content they want to watch according to their preferences. Their freedom in this area may however be constrained by commercial practices in the media sector,
Amendment 242 #
Proposal for a regulation Recital 37 (37) Recipients of audiovisual media services should be able to effectively choose the audiovisual content they want to watch according to their preferences. Their freedom in this area may however be constrained by commercial practices in the media sector, namely agreements for content prioritisation between manufacturers of devices or providers of user interfaces controlling or managing access to and use of audiovisual media services, such as connected televisions, and media service providers. Prioritisation can be implemented, for example, on the home screen of a device, through hardware or software shortcuts, applications and search areas, which have implications on the recipients’ viewing behaviour, who may be unduly incentivised to choose certain audiovisual media offers over others. Service recipients should have the possibility to change, in a simple and user- friendly manner, arrangement of applications or content of audiovisual media services and the default settings of a
Amendment 243 #
Proposal for a regulation Recital 37 a (new) (37a) The freedom of the recipients of media services to effectively choose the content they want to access is constrained by the way very large online platforms and very large search engines suggest, rank and prioritise information, for example by their recommender systems. As recognised inter alia by Regulation (EU) 2022/2065, ‘such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online […]’. In other words, the recommender systems imposed by very large online platforms and very large search engines hold substantial power over the flow of content online, and over recipients’ exposure to diversity and their capacity to freely and effectively select their information diet. To preserve media diversity and plurality online it is thus key to create the conditions for a diversity of recommender systems to be available to service recipients, and for the latter to have the possibility to change, in a simple and user-friendly manner, the default settings and the criteria used by recommender systems to pre-select the content to which recipients are exposed. These conditions can be created by imposing pro- competitive remedies to lower barriers to entry for recommender systems providers, such as those based on unbundling and interoperability.
Amendment 244 #
Proposal for a regulation Recital 38 (38) Different legislative, regulatory or administrative measures can negatively affect the operations of news and current affairs programs of media service providers in the internal market
Amendment 245 #
Proposal for a regulation Recital 38 (38) Disproportionate or distorted implementation at national level of the minimum requirements foreseen in the Audiovisual Media Services Directive and different legislative, regulatory or administrative measures can negatively affect the operation of media service providers and can create new barriers in the internal market. They include, for example, rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include decisions related to licensing, authorisation or prior notification for media service providers. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures comply with the principles of objective justification, efficiency, transparency, non-
Amendment 246 #
Proposal for a regulation Recital 38 (38)
Amendment 247 #
Proposal for a regulation Recital 39 (39) It is also key that the Board is empowered to issue
Amendment 248 #
Proposal for a regulation Recital 39 (39) It is also key that the Board is empowered to issue an opinion, on the Commission’s request, where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State. Media service providers individually and directly affected by a measure should be able to request that the Board draw up opinions on such measures.
Amendment 249 #
Proposal for a regulation Recital 39 (39) It is also key that the Board is empowered to issue an opinion
Amendment 250 #
Proposal for a regulation Recital 39 (39) It is also key that the Board is empowered to issue
Amendment 251 #
Proposal for a regulation Recital 40 (40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems
Amendment 252 #
Proposal for a regulation Recital 40 (40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure assessment of
Amendment 253 #
Proposal for a regulation Recital 41 (41) National regulatory authorities or bodies, who have specific expertise in the area of media pluralism, should be involved in the assessment of the impact o
Amendment 254 #
Proposal for a regulation Recital 41 (41) National regulatory authorities or bodies, who have specific expertise in the area of media pluralism,
Amendment 255 #
Proposal for a regulation Recital 41 a (new) (41a) For the purpose of ensuring the protection of media freedom and pluralism, this Regulation should also apply to existing concentrations affecting the media market at the time of its entry into force.
Amendment 256 #
Proposal for a regulation Recital 43 (43) The Board
Amendment 257 #
Proposal for a regulation Recital 44 (44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on media pluralism
Amendment 258 #
Proposal for a regulation Recital 44 (44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. In assessing the potential impacts, the effects of the concentration in
Amendment 259 #
Proposal for a regulation Recital 44 (44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at
Amendment 260 #
Proposal for a regulation Recital 45 (45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production of content. Accordingly, media market players, in particular media service providers, rights holders and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their
Amendment 261 #
Proposal for a regulation Recital 45 (45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production of content. Accordingly, media market players, in particular media service providers and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable
Amendment 262 #
Proposal for a regulation Recital 45 (45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future buying, selling and production of content. Accordingly, media market players, in particular media service providers, right holders and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However,
Amendment 263 #
Proposal for a regulation Recital 45 (45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the advertising inventory, purchasing, scheduling, sale and future production of content. Accordingly, media market players, in particular media service providers and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries among media
Amendment 264 #
Proposal for a regulation Recital 45 (45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector.
Amendment 265 #
Proposal for a regulation Recital 46 (46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. As such, for the purpose of this Regulation, systems developed without market governance, outside European or national standards agreed by the relevant national regulatory bodies or by independent providers appointed by relevant bodies should be considered proprietary measurement systems. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. The information must be as granular as the information on methodologies published by self- regulatory bodies that govern the agreed industry standards on audience measurement. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period. The obligations imposed under this Regulation are without prejudice to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX [Digital Markets Act], including those concerning ranking or self- preferencing.
Amendment 266 #
Proposal for a regulation Recital 46 (46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period and the coverage of measurement. The obligations imposed under this Regulation are without prejudice to the right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights and Regulation 2016/679 (General Data Protection Regulation) or to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/
Amendment 267 #
Proposal for a regulation Recital 46 (46) In order to enhance the verifiability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period and the coverage of measurement. The obligations imposed under this Regulation are without prejudice to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/
Amendment 268 #
Proposal for a regulation Recital 47 (47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them,
Amendment 269 #
Proposal for a regulation Recital 47 (47) Codes of conduct, drawn up either by the providers of audience measurement
Amendment 270 #
Proposal for a regulation Recital 47 (47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, can contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further
Amendment 271 #
Proposal for a regulation Recital 48 (48) State funding, including state advertising, is an important source of revenue for many media service providers, contributing to their economic sustainability. Access to it must be granted in a non-discriminatory way to any media service provider
Amendment 272 #
Proposal for a regulation Recital 48 (48) State funding, including state advertising is an important source of revenue for many media service providers, contributing to their economic sustainability. Access to it must be granted in a non-discriminatory way to any media service provider from any Member State which can adequately reach some or all of the relevant members of the public, in order to ensure equal opportunities in the internal market. Moreover, State funding, including advertising may make media service providers vulnerable to undue state
Amendment 273 #
Proposal for a regulation Recital 49 (49) In order to ensure undistorted competition between media service providers and to avoid the risk of covert
Amendment 274 #
Proposal for a regulation Recital 50 (50) Risks to the functioning and resilience of the internal media market should be regularly monitored as part of the efforts to improve the functioning of the internal market for media services. Such monitoring should aim at providing detailed data and qualitative assessments on the resilience of the internal market for media services, including as regards the degree of cross-border concentration of the market
Amendment 275 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down common rules for the proper functioning of the internal market for media services, including the establishment of the European Board for Media Services, while preserving the quality of media services and ensuring the cultural and linguistic diversity and a high level of consumer protection.
Amendment 276 #
Proposal for a regulation Article 1 – paragraph 2 – point a a (new) (aa) Directive 2001/29/EU;
Amendment 277 #
Proposal for a regulation Article 1 – paragraph 2 – point a a (new) (aa) Directive 2001/29/EC;
Amendment 278 #
Proposal for a regulation Article 1 – paragraph 2 – point a b (new) (ab) Directive 2010/13/EU and Directive (EU) 2018/1808, with the exception of Article 27 of this Regulation;
Amendment 279 #
Proposal for a regulation Article 1 – paragraph 2 – point d (d) Regulation (EU) 2022/
Amendment 280 #
Proposal for a regulation Article 1 – paragraph 2 – point e (e) Regulation (EU) 2022/
Amendment 281 #
Proposal for a regulation Article 1 – paragraph 2 – point f a (new) (fa) Directive 2002/58/EC
Amendment 282 #
Proposal for a regulation Article 1 – paragraph 2 – point f b (new) (fb) Directive (EU) 2016/680
Amendment 283 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2a. Directive 2010/13/EU and Directive (EU) 2018/1808 with the exception of Article 27 of this Regulation;
Amendment 284 #
Proposal for a regulation Article 1 – paragraph 2 b (new) 2b. Directive (EU) 2019/789;
Amendment 285 #
Proposal for a regulation Article 1 – paragraph 3 3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II and Section 5 of Chapter III and of Article 24, provided that those rules comply with Union law.
Amendment 286 #
Proposal for a regulation Article 1 – paragraph 3 3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II
Amendment 287 #
Proposal for a regulation Article 1 – paragraph 3 a (new) 3a. This Regulation is without prejudice to Union competition rules, including antitrust, merger and State aid rules.
Amendment 288 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications to the general public,
Amendment 289 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof
Amendment 290 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or content of press publications to the general public, by any means, in order to inform, entertain or educate, under the editorial responsibility of a media service provider;
Amendment 291 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or content of press publications to the general public, by any means, in order to inform, entertain or educate, under the editorial responsibility
Amendment 292 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications to the general public, by any means, in order to inform, entertain or educate, under the editorial responsibility of a
Amendment 293 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications to the general public, by any means, in order to inform, entertain or educate, under the editorial responsibility of an
Amendment 294 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) ‘media service provider’ means a natural or legal person whose professional business activity is to provide a media service and who has editorial responsibility for the choice of the content or decides the overall editorial line and exercises editorial control over a section or sections of the media service and determines the manner in which it is organised;
Amendment 295 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) ‘media service provider’ means
Amendment 296 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) ‘media service provider’ means a
Amendment 297 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) ‘media service provider’ means a natural or legal person whose professional activity is to provide a media service and who
Amendment 298 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) ‘public service media provider’ means a media service provider which is entrusted with a public service
Amendment 299 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘editor-in-chief’ means a natural person
Amendment 300 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘editor’ means a natural person
Amendment 301 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘editor-in-chief’ means a natural person
Amendment 302 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘editor’ means a natural person or a number of natural persons possibly grouped in a body, regardless of its legal form, status and composition, that has editorial responsibility and takes or supervises editorial decisions within a media service provider;
Amendment 303 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘editor’ means a natural person
Amendment 304 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or the content of press publications and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided. Editorial responsibility conveys standards of professional journalism and guarantees trust in the media and in journalism;
Amendment 305 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘editorial responsibility’ means the exercise of effective control, based on national standards of journalism, both over the selection of the programmes or the content of press publications and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
Amendment 306 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or the content of press publications and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
Amendment 307 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or the content of press
Amendment 308 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new) (9a) “provider of online platform” means a provider of a hosting service pursuant to Article 2(h) of Regulation (EU) 2022/2065.
Amendment 309 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘provider of very large online platform’ means a provider of an online platform that has been designated as a very large online platform pursuant to Article 25(4) of Regulation (EU) 2022/
Amendment 310 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 (12) ‘national regulatory authority or body’ means
Amendment 311 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 (13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 where the merging entities or the target of concentration involv
Amendment 312 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 (13) ‘media market concentration significantly impacting media pluralism’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service provider
Amendment 313 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 (13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service provider
Amendment 314 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 (13) ‘media market concentration’
Amendment 315 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘audience measurement’ means the activity of collecting, interpreting
Amendment 316 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of
Amendment 317 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14)
Amendment 318 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and online platforms for the purposes of
Amendment 319 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘audience measurement’ means the activity of collecting, interpreting
Amendment 320 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) ‘State advertising’ means the placement, p
Amendment 321 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any national or regional public authority, such as national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level, or any local government
Amendment 322 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any
Amendment 323 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 Amendment 324 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 (16)
Amendment 325 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 Amendment 326 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 – point a (a) terrorism, as defined in Directive (EU) 2017/541 of the European Parliament and of the Council,
Amendment 327 #
Proposal for a regulation Article 3 – paragraph 1 Recipients of media services in the Union shall have the right to receive and have access to a plurality of news and current affairs content, in their own language, and related to their own cultural references, produced with respect for editorial freedom of media service providers, to the benefit of the public discourse.
Amendment 328 #
Proposal for a regulation Article 3 – paragraph 1 Recipients of media services in the Union shall have the right to receive a plurality of news and current affairs content in their own language and related to their own cultural references, produced with respect for editorial freedom of media service providers, to the benefit of the public discourse.
Amendment 329 #
Proposal for a regulation Article 3 – paragraph 1 Amendment 330 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 2. In line with paragraph 1, and in view of ensuring better consumer protection, reducing obstacles in the internal market for media services, ensuring technological neutrality and aiming at giving consumers access to a broad range of information sources as provided by paragraph 1, Member States shall take measures to ensure the appropriate prominence of media services of general interest, based on general principles. This Regulation, Directives 2010/13/EU and 2000/31/EC and Regulation (EU) 2022/2065 shall not affect the competence of Member States and shall be without effect to existing prominence measures.
Amendment 331 #
Proposal for a regulation Article 4 – paragraph 1 1. Media service providers shall have the right to exercise their economic activities in the internal market without restrictions other than those
Amendment 332 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. Member States shall
Amendment 333 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b) order disclosure, detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers or, if applicable, their family members, their employees or their family members, or
Amendment 334 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) deploy spyware in any device or machine used by media service providers or, if applicable, their family members, or their employees or their family members,
Amendment 335 #
Proposal for a regulation Article 4 – paragraph 2 – point c a (new) (ca) (d) create or force access to encrypted communications in any device or machine used by media service providers or, if applicable, their family members, their employees or their family members, or their corporate and private premises, where such action might lead to access to journalists’ sources;
Amendment 336 #
Proposal for a regulation Article 4 – paragraph 2 – point c b (new) (cb) actions that correspond to an interference with journalists’ sources as mentioned in this article under (b), (c) and (d) are only permitted if pertinently justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter, the Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, and in compliance with other Union law.
Amendment 337 #
Proposal for a regulation Article 4 – paragraph 3 3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate an independent authority or body to handle complaints lodged by media service providers or, if applicable, their family members, their employees or their family members, regarding breaches of paragraph 2, points (b) and (c). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b) and (c). Each independent authority or body handling complaints under this Article shall act with complete independence and remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody in performing its tasks and exercising its powers in accordance with this Regulation.
Amendment 338 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3a. Nothing in this Regulation shall be construed as prohibiting, restricting or undermining the provision or the use of encrypted services.
Amendment 339 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3a. Member States shall ensure the freedom to provide media services, in line with Article 56 TFEU, subject to national measures to ensure media pluralism. To this end, Member States shall not prevent undertakings from providing media services, except when this is necessary for the reasons set out in Article 16 of this Regulation or in situations foreseen in article 3(2) of Directive 2010/13/EU. 2. Where Member States consider that licensing, registration or notification procedures are necessary, such limitations to the freedom to provide media services shall respect the conditions set out in this Regulation, in particular Article 20. Any such limitation to the freedom to provide media services shall be duly reasoned and notified to the Commission and the Board.
Amendment 340 #
Proposal for a regulation Article 5 – paragraph 1 1.
Amendment 341 #
Proposal for a regulation Article 5 – paragraph 1 1.
Amendment 342 #
Proposal for a regulation Article 5 – paragraph 1 1.
Amendment 343 #
Proposal for a regulation Article 5 – paragraph 1 1.
Amendment 344 #
Proposal for a regulation Article 5 – paragraph 1 1. Public service media providers shall provide independently in an impartial manner a plurality of information and opinions to their audiences, in accordance with their public service mission.
Amendment 345 #
Proposal for a regulation Article 5 – paragraph 1 1. Public service media providers shall provide in an i
Amendment 346 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 The head of management and the members of the governing board of public service media providers shall be appointed through a transparent, open and non-discriminatory procedure and on the basis of transparent, objective, non-discriminatory
Amendment 347 #
Proposal for a regulation Article 5 – paragraph 3 3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service
Amendment 348 #
Proposal for a regulation Article 5 – paragraph 3 3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service
Amendment 349 #
Proposal for a regulation Article 5 – paragraph 3 3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service mission. Those resources and the process by which they are allocated shall be such that editorial independence is safeguarded.
Amendment 350 #
Proposal for a regulation Article 5 – paragraph 3 3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service
Amendment 351 #
Proposal for a regulation Article 5 a (new) Article 5a Prominence for audiovisual and audio media services of general interest Member States shall take measures to ensure the appropriate prominence of audiovisual and audio media services of general interest. This Regulation, Directives 2010/13/EU and 2000/31/EC and Regulation (EU) 2022/2065 shall not affect the competence of Member States and shall be without effect to existing prominence measures. References to Article 7a of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 shall be read as references to Article 5a of this Regulation.
Amendment 352 #
Proposal for a regulation Article 6 – title Amendment 353 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their services
Amendment 354 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. Media service providers
Amendment 355 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) the
Amendment 356 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the name(s) and contact details of their beneficial owners within the meaning of Article 3, point 6 of Directive (EU) 2015/849 of the European Parliament and of the Council.
Amendment 357 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the
Amendment 358 #
Proposal for a regulation Article 6 – paragraph 1 – point c a (new) (ca) information on the nature and the extent of the interest and links held by the beneficial owners and family members known to be close associates as defined in Article 3 points 9, 10, 11 of Directive (EU) 2015/849 in other media, other media enterprises and even in other economic sectors;
Amendment 359 #
Proposal for a regulation Article 6 – paragraph 1 – point c a (new) (ca) the interests, links or activities of their owners in other media or non-media businesses;
Amendment 360 #
Proposal for a regulation Article 6 – paragraph 1 – point c b (new) (cb) any other interests that could influence their strategic decision-making or their editorial line;
Amendment 361 #
Proposal for a regulation Article 6 – paragraph 1 – point c b (new) (cb) information regarding the state support measures granted to the media
Amendment 362 #
Proposal for a regulation Article 6 – paragraph 1 – point c c (new) (cc) whether and to what extent their direct or beneficial ownership is held by the government, a state institution, a state-owned enterprise or other public body;
Amendment 363 #
Proposal for a regulation Article 6 – paragraph 1 – point c c (new) (cc) any changes to their ownership or control arrangements.
Amendment 364 #
Proposal for a regulation Article 6 – paragraph 1 c (new) 1c. Member States shall entrust a relevant national regulatory authority or body with developing and maintaining a dedicated online media ownership database, containing disaggregated data about different types of media, as defined in paragraph 1, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge, and to produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 365 #
Proposal for a regulation Article 6 – paragraph 1 d (new) 1d. Media service providers shall submit the information defined in paragraph 1, to the national databases of media ownership established according to paragraph 3 within 90 days after any change of any information regarding their ownership.
Amendment 366 #
Proposal for a regulation Article 6 – paragraph 1 e (new) 1e. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of Media Ownership on quarterly basis.
Amendment 367 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. Without prejudice to national constitutional laws consistent with the Charter,
Amendment 368 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. Without prejudice to national constitutional laws consistent with the Charter,
Amendment 369 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. Without prejudice to national constitutional laws consistent with the Charter and national self-regulatory models, media service providers providing news and current affairs content shall take
Amendment 370 #
Proposal for a regulation Article 6 – paragraph 2 – introductory part 2. Without prejudice to national constitutional laws consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of
Amendment 371 #
Proposal for a regulation Article 6 – paragraph 2 – point -a (new) (-a) ensure that internal rules defining the internal editorial decision making processes are in line with widely recognised and accepted standards of professional and ethical journalism, such as ISO-type standards;
Amendment 372 #
Proposal for a regulation Article 6 – paragraph 2 – point a Amendment 373 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) guarantee th
Amendment 374 #
Proposal for a regulation Article 6 – paragraph 2 – point a a (new) (aa) guarantee that the economic interests of the owners and shareholders of media service providers and their advertisers do not undermine the principles of honesty, independence and pluralism of news and information;
Amendment 375 #
Proposal for a regulation Article 6 – paragraph 2 – point b Amendment 376 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers
Amendment 377 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs content
Amendment 378 #
Proposal for a regulation Article 6 – paragraph 2 – point b a (new) (ba) establish an internal procedure for handling complaints for violation of the internal rules and the principles of honesty, independence of pluralism of news and information, for the recipients or staff of media service providers.
Amendment 379 #
Proposal for a regulation Article 6 – paragraph 2 – point b a (new) (ba) The editorial hierarchy shall ensure that journalists carry out their work in accordance with the laws and professional and ethical standards, while upholding the right to report.
Amendment 380 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 381 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 382 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 383 #
Proposal for a regulation Article 6 – paragraph 3 3. The obligations under
Amendment 384 #
Proposal for a regulation Article 6 a (new) Article 6a Media Ownership Restrictions 1. Politically exposed persons, falling under points 9a, point 9b of Article 3 of Directive (EU) 2015/849 shall not be beneficial owners, as defined in Directive (EU) 2015/849, of any press publications, or audiovisual media service. 2. When a person becomes a politically exposed person, they shall terminate the operation of the media service provider or shall terminate the business relationship, which allow for exercising influence over the media service provider, with the media service provider without undue delay, but not later than 60 days after becoming a politically exposed person.
Amendment 385 #
Proposal for a regulation Article 7 – paragraph 1 1. The national regulatory authorities or bodies
Amendment 386 #
Proposal for a regulation Article 7 – paragraph 3 3. Member States shall ensure that the
Amendment 387 #
Proposal for a regulation Article 7 – paragraph 3 3. Member States shall ensure that the financial, human and technical resources of the national regulatory authorities or bodies
Amendment 388 #
Proposal for a regulation Article 7 – paragraph 3 – point a (new) (a) Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Member States shall be required, upon request, to provide the Commission with all relevant information.
Amendment 389 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3a. Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Members States shall send all relevant information to the Commission upon its request.
Amendment 390 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 1 Where needed for carrying out their tasks under this Regulation, the national regulatory authorities or bodies shall have
Amendment 391 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 2 Those powers shall include in particular the power to request such persons to provide, within a reasonable time period, information and data that is proportionate and necessary for carrying out the tasks under Chapter III; the request can also be addressed to any other person that, for purposes related to their trade, business or profession, may reasonably be in possession of the information needed.
Amendment 392 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 2 a (new) Where needed for carrying out their tasks under this Regulation, the national regulatory authorities or bodies shall have appropriate powers to consult with other relevant national competent supervisory authorities, including digital service coordinators established by Regulation (EU) 2022/2065 and data protection authorities, in the context of their investigations and compliance assessments. Those powers shall include in particular the power to cooperate with different competent supervisory authorities, each acting within their respective areas of competence.
Amendment 393 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 2 b (new) Member States shall entrust the relevant national regulatory authorities or bodies with developing and maintaining online media ownership database in each Member State containing disaggregated data about different types of media, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge.
Amendment 394 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 2 c (new) Member States and their national regulatory authorities or bodies are encouraged to hold regular exchanges of best practices in the area of media ownership transparency.
Amendment 395 #
Proposal for a regulation Article 9 – paragraph 1 The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission, pursuant to Article 17 of the Treaty on European Union, or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 396 #
Proposal for a regulation Article 9 – paragraph 1 The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 397 #
Proposal for a regulation Article 10 – paragraph 1 1. The Board shall be composed of high-level representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU.
Amendment 398 #
Proposal for a regulation Article 10 – paragraph 1 1. The Board shall be composed of high-level representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU.
Amendment 399 #
Proposal for a regulation Article 10 – paragraph 1 1. The Board shall be composed of representatives of national regulatory authorities or bodies
Amendment 400 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. In addition to the Board, an advisory body consisting of representatives from the media sector shall be established. The advisory body shall advise the Board on issues related to media pluralism and media and press freedom. The advisory body shall consist of one representative of the media sector per Member State. In Member States where self-regulatory media or press councils exist, the media sector representative shall be appointed by the associations of journalists, editors, and civil society organisations that appoint, or nominate in the case of co-regulation, the member of the advisory board. In Member States where no self-regulatory media or press council exists, the media sector representative shall be appointed by a consortium of journalists, editors, and civil society associations established for this purpose.
Amendment 401 #
Proposal for a regulation Article 10 – paragraph 4 4. The Board shall be represented by its Chair. The Board shall elect a Chair from amongst its members. The Board shall also elect a Steering Group from amongst its members. The Steering Group shall consist of a Chair, a Vice-Chair and 3 other members, including the outgoing Chair. The Chair and the other members of the Steering Group shall be elected by a two-thirds majority of
Amendment 402 #
Proposal for a regulation Article 10 – paragraph 4 4. The Board shall be represented by its Chair, elected by its members. The Board shall also elect a
Amendment 403 #
Proposal for a regulation Article 10 – paragraph 5 5.
Amendment 404 #
Proposal for a regulation Article 10 – paragraph 5 5.
Amendment 405 #
Proposal for a regulation Article 10 – paragraph 5 5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in
Amendment 406 #
Proposal for a regulation Article 10 – paragraph 5 5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in
Amendment 407 #
Proposal for a regulation Article 10 – paragraph 5 5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall
Amendment 408 #
Proposal for a regulation Article 10 – paragraph 5 5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board
Amendment 409 #
Proposal for a regulation Article 10 – paragraph 6 6. The Board
Amendment 410 #
Proposal for a regulation Article 10 – paragraph 6 6. The Board
Amendment 411 #
Proposal for a regulation Article 10 – paragraph 6 6. The Board
Amendment 412 #
Proposal for a regulation Article 10 – paragraph 6 6. The Board,
Amendment 413 #
Proposal for a regulation Article 10 – paragraph 6 6. The Board,
Amendment 414 #
Proposal for a regulation Article 10 – paragraph 6 6. The Board
Amendment 415 #
Proposal for a regulation Article 10 – paragraph 6 a (new) 6a. The Board, in consultation with the Commission, may designate permanent observers from amongst national regulatory authorities with competence in the media field, coming from non-EU countries which have entered into agreements with the Union to that effect. The observers shall not have voting rights.
Amendment 416 #
Proposal for a regulation Article 10 – paragraph 8 8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in
Amendment 417 #
Proposal for a regulation Article 10 – paragraph 8 8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights
Amendment 418 #
Proposal for a regulation Article 10 – paragraph 8 8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights
Amendment 419 #
Proposal for a regulation Article 10 – paragraph 8 8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights
Amendment 420 #
Proposal for a regulation Article 10 – paragraph 8 8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights
Amendment 421 #
Proposal for a regulation Article 10 – paragraph 8 8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights
Amendment 423 #
Proposal for a regulation Article 11 – paragraph 1 1. The Board shall have a secretariat, which shall be provided
Amendment 424 #
Proposal for a regulation Article 11 – paragraph 1 1. The Board shall have a
Amendment 425 #
Proposal for a regulation Article 11 – paragraph 1 1. The Board shall
Amendment 426 #
Proposal for a regulation Article 11 – paragraph 1 1. The Board shall
Amendment 427 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 (new) (1) The Bureau of the European Board for Media Services (‘Bureau’) is hereby established as a body with legal personality.
Amendment 428 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. The Secretariat of the Board shall, in addition to its obligations to the Board, assist the advisory body, representing the media sector, in their work.
Amendment 429 #
Proposal for a regulation Article 11 – paragraph 2 2. The main task of the
Amendment 430 #
Proposal for a regulation Article 11 – paragraph 3 3. The
Amendment 431 #
Proposal for a regulation Article 11 – paragraph 3 3. The
Amendment 432 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part Without prejudice to the powers granted to the Commission by the Treaties, the Board shall promote the effective and consistent application of this Regulation and of national rules implementing Directive 2010/13/EU throughout the Union. The Board shall keep a separate agenda for its responsibilities and activities relating to Directive 2010/13/EU. Additionally, it shall not intervene neither in national media markets nor for matters relating to the sole and exclusive competence of national authorities. The Board shall:
Amendment 433 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part Without prejudice to the powers granted to the Commission by the Treaties, the Board shall promote the effective and consistent application of this Regulation and of national
Amendment 434 #
Proposal for a regulation Article 12 – paragraph 1 – point c (c) advise the Commission
Amendment 435 #
Proposal for a regulation Article 12 – paragraph 1 – point c (c) advise the Commission, on its own initiative or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence
Amendment 436 #
Proposal for a regulation Article 12 – paragraph 1 – point c (c) advise the Commission, on the Board’s own initiative or where requested by
Amendment 437 #
Proposal for a regulation Article 12 – paragraph 1 – point c (c) advise the Commission, on its own initiative or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 438 #
Proposal for a regulation Article 12 – paragraph 1 – point c (c) advise the Commission
Amendment 439 #
Proposal for a regulation Article 12 – paragraph 1 – point c (c) advise the Commission, on its own initiative or where requested by
Amendment 440 #
Proposal for a regulation Article 12 – paragraph 1 – point d (d) on its own initiative, or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 441 #
Proposal for a regulation Article 12 – paragraph 1 – point d (d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 442 #
Proposal for a regulation Article 12 – paragraph 1 – point d (d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 443 #
Proposal for a regulation Article 12 – paragraph 1 – point d (d)
Amendment 444 #
Proposal for a regulation Article 12 – paragraph 1 – point e – introductory part (e)
Amendment 445 #
Proposal for a regulation Article 12 – paragraph 1 – point e – introductory part (e)
Amendment 446 #
Proposal for a regulation Article 12 – paragraph 1 – point e – introductory part (e)
Amendment 447 #
Proposal for a regulation Article 12 – paragraph 1 – point e – introductory part (e)
Amendment 448 #
Proposal for a regulation Article 12 – paragraph 1 – point e – introductory part (e)
Amendment 449 #
Proposal for a regulation Article 12 – paragraph 1 – point e – introductory part (e)
Amendment 450 #
Proposal for a regulation Article 12 – paragraph 1 – point e – point i (i) requests for cooperation
Amendment 451 #
Proposal for a regulation Article 12 – paragraph 1 – point f – introductory part (f) on its own initiative or upon request of the Commission, draw up opinions with respect to:
Amendment 452 #
Proposal for a regulation Article 12 – paragraph 1 – point f – introductory part (f) on its own initiative or upon request of the Commission, draw up opinions with respect to:
Amendment 453 #
Proposal for a regulation Article 12 – paragraph 1 – point f – introductory part (f) on its own initiative, or upon request of the Commission, draw up opinions with respect to:
Amendment 454 #
Proposal for a regulation Article 12 – paragraph 1 – point f – introductory part (f)
Amendment 455 #
Proposal for a regulation Article 12 – paragraph 1 – point f – introductory part (f)
Amendment 456 #
Proposal for a regulation Article 12 – paragraph 1 – point f – point i (i) national measures with cross- border implications which are likely to affect the functioning of the internal market for media services, in accordance with Article 20(4) of this Regulation;
Amendment 457 #
Proposal for a regulation Article 12 – paragraph 1 – point f – point ii (ii) cross-border media market concentrations which are likely to affect the functioning of the internal market for media services, in accordance with Article 22(1) of this Regulation;
Amendment 458 #
Proposal for a regulation Article 12 – paragraph 1 – point f – point ii (ii)
Amendment 459 #
Proposal for a regulation Article 12 – paragraph 1 – point g (g) draw up opinions
Amendment 460 #
Proposal for a regulation Article 12 – paragraph 1 – point g a (new) (ga) The board shall base its opinions and decisions, referred to in Article 12, on a risk assessment, which carefully identify, analyse and assess any systemic risks to media freedom and pluralism in the particular Member State. Such assessment shall be specific and proportionate, taking into consideration the Commission’s Rule of Law report as well as external assessments of the media freedom and pluralism in Member States, such as World Press Freedom Index
Amendment 461 #
Proposal for a regulation Article 12 – paragraph 1 – point g a (new) (ga) The board shall base its opinions and decisions referred to in Article 12(g) on a risk assessment, which carefully identify, analyse and assess any systemic risks to media freedom and pluralism in the particular Member State. Such assessment shall be specific and proportionate, taking into consideration the Commission’s Rule of Law report as well as external assessments of the media freedom and pluralism in Member States, such as World Press Freedom Index
Amendment 462 #
Proposal for a regulation Article 12 – paragraph 1 – point h – point iii (iii) the application of Articles 23(1), (2) and (3) pursuant to Article 23(4) of this Regulation in consultation with the relevant experts from research companies or organisations such as Joint Industry committees providing audience measurement for the market.
Amendment 463 #
Proposal for a regulation Article 12 – paragraph 1 – point m (m) foster the exchange of best practices related to the deployment of audience measurement systems, and encourage compliance with existing codes of conduct, in accordance with Article 23(5) of this Regulation.
Amendment 464 #
Proposal for a regulation Article 12 – paragraph 1 – point m a (new) (ma) In so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation with the Commission, may cooperate with competent Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations. To that end, the Board may, subject to prior approval by the Commission, establish working arrangements.
Amendment 465 #
Proposal for a regulation Article 12 – paragraph 1 – point m a (new) (ma) In so far as necessary to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation with the Commission, may cooperate with competent Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organizations. To that end, the Board may establish working arrangements subject to prior approval by the Commission.
Amendment 466 #
Proposal for a regulation Article 12 – paragraph 1 – point m a (new) (ma) establish and maintain the European Database for Media Ownership collecting information provided by national regulatory authorities and bodies, in accordance with Article 6 of this Regulation.
Amendment 467 #
Proposal for a regulation Article 12 – paragraph 1 – point m b (new) (mb) establish and maintain the European Database on State Advertising collecting information provided by national regulatory authorities and bodies, in accordance with Article 24 of this Regulation
Amendment 468 #
Proposal for a regulation Article 12 – paragraph 1 a (new) The advisory body shall support the Board and advice it on issues relating to media pluralism and media and press freedom. The Board shall be obligated to request opinions and advice from the advisory body before issuing its own opinions or recommendations on issues relating to media pluralism and media freedom. The opinions and advice from the advisory body shall be reflected in the final opinions and guidelines issued by the Board. The Board, upon request by the advisory body, shall draw up opinions on the national measures and decisions, which risks affecting the media pluralism or media freedom.
Amendment 469 #
Proposal for a regulation Article 13 – paragraph 1 1. A national regulatory authority or body may request (‘requesting authority’) cooperation (exchange of information and/or mutual assistance) at any time from one or more national regulatory authorities or bodies (‘requested authorities’) for the purposes of exchange of information or taking measures relevant for the consistent and effective application of this Regulation or the national measures implementing Directive 2010/13/EU.
Amendment 470 #
Proposal for a regulation Article 13 – paragraph 3 3. Requests for cooperation (exchange of information and/or or mutual assistance), including accelerated cooperation or mutual assistance, shall contain all the necessary information, including the purpose of and reasons for it, as specified in the Board’s Rules of procedure.
Amendment 471 #
Proposal for a regulation Article 13 – paragraph 4 – subparagraph 1 – point b a (new) (ba) the request was not duly justified and proportionate.
Amendment 472 #
Proposal for a regulation Article 13 – paragraph 4 – subparagraph 1 – point b a (new) (ba) the request was not duly justified and proportionate.
Amendment 473 #
Proposal for a regulation Article 13 – paragraph 6 6. The requested authority shall do its utmost to address and reply to the request without undue delay.
Amendment 474 #
Proposal for a regulation Article 13 – paragraph 7 7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within
Amendment 475 #
Proposal for a regulation Article 13 – paragraph 7 7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without
Amendment 476 #
Proposal for a regulation Article 13 – paragraph 7 7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar days from the receipt of that referral, the Board shall issue
Amendment 477 #
Proposal for a regulation Article 13 – paragraph 7 7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar days from the receipt of that referral, the Board shall issue
Amendment 478 #
Proposal for a regulation Article 13 – paragraph 7 7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar days from the receipt of
Amendment 479 #
Proposal for a regulation Article 14 – paragraph 2 2. The requested national authority or body shall, without undue delay and within
Amendment 480 #
Proposal for a regulation Article 14 – paragraph 3 3. In the event of a disagreement between the requesting national authority or body and the requested authority or body regarding actions taken or planned, or a refusal to take action, pursuant to paragraph 1, either authority or body may refer the matter to the Board for mediation in view of finding an amicable solution.
Amendment 481 #
Proposal for a regulation Article 14 – paragraph 4 4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, but shall do so, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in
Amendment 482 #
Proposal for a regulation Article 14 – paragraph 4 4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred
Amendment 483 #
Proposal for a regulation Article 14 – paragraph 4 4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion
Amendment 484 #
Proposal for a regulation Article 14 – paragraph 4 4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion
Amendment 485 #
Proposal for a regulation Article 14 – paragraph 4 4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion,
Amendment 486 #
Proposal for a regulation Article 14 – paragraph 5 5. The requested national authority or body shall, without undue delay and within
Amendment 487 #
Proposal for a regulation Article 15 – paragraph 1 1. The Board shall foster the exchange of best practices among the national regulatory authorities or bodies, consulting stakeholders, where appropriate and relevant, and in
Amendment 488 #
Proposal for a regulation Article 15 – paragraph 2 – point a (a) the appropriate prominence of audiovisual media services of general interest under Article 7a and of Article 13(1) of Directive 2010/13/EU;
Amendment 489 #
Proposal for a regulation Article 15 – paragraph 2 – point b (b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU, as well as their subsidiaries, sister companies and parent companies.
Amendment 490 #
Proposal for a regulation Article 15 – paragraph 3 3. The Commission, assisted by the Board, may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU.
Amendment 491 #
Proposal for a regulation Article 15 – paragraph 3 3.
Amendment 492 #
Proposal for a regulation Article 15 – paragraph 3 3. The Commission may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU. The Board shall assist the Commission in this regard
Amendment 493 #
Proposal for a regulation Article 15 – paragraph 4 4. The Board shall foster cooperation between media service providers, standardisation bodies or any other relevant stakeholders in order to
Amendment 494 #
Proposal for a regulation Article 15 – paragraph 4 4. The Board shall foster cooperation between media service providers, standardisation bodies or any other relevant stakeholders in order to
Amendment 495 #
Proposal for a regulation Article 15 – paragraph 4 a (new) 4a. The Board shall assess the state of media freedom in each Member State and issue an annual report. The Board shall consult with relevant stakeholders, including media organizations and civil society groups, to develop the criteria necessary for the report, such as the state of the independence of media outlets, the level of media pluralism, journalists' access to information, journalists' safety, the level of media ownership concentration, the effectiveness of media self-regulation, public trust in the media, the existence of public funding for media, and the level of media literacy among the general public. The transparency index and other criteria should reflect the concerns and priorities of these stakeholders and be reviewed annually to ensure they remain relevant and effective in promoting media freedom and plurality.
Amendment 496 #
Proposal for a regulation Article 15 – paragraph 4 b (new) Amendment 497 #
Proposal for a regulation Article 16 – title Coordination of measures concerning media service providers established or media services originating outside the Union
Amendment 498 #
Proposal for a regulation Article 16 – title Coordination of measures concerning media service providers
Amendment 499 #
Proposal for a regulation Article 16 – paragraph 1 1.
Amendment 500 #
Proposal for a regulation Article 16 – paragraph 1 1. The Board shall
Amendment 501 #
Proposal for a regulation Article 16 – paragraph 1 1. The Board shall coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers established outside the Union that target audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, or their contribution to the propaganda for serious violation of human rights such media services prejudice or present a serious and grave risk of prejudice to public security and defence.
Amendment 502 #
Proposal for a regulation Article 16 – paragraph 1 a (new) 1a. Regarding media services provided by media service providers established outside of the Union, at the request of a minimum number of Board members to be defined in the Board’s Rules of procedure, the Board may issue an opinion on the coordination of measures.
Amendment 503 #
Proposal for a regulation Article 16 – paragraph 1 b (new) Amendment 504 #
Proposal for a regulation Article 16 – paragraph 1 c (new) 1c. The coordination of measures and the opinions of the Board shall be without prejudice to the competence and responsibility of the Member States to assess the risks and threats to their public security and national defence, which may be posed by media services originating from outside the EU.
Amendment 505 #
Proposal for a regulation Article 16 – paragraph 2 2. The Board, in
Amendment 506 #
Proposal for a regulation Article 16 – paragraph 2 2.
Amendment 507 #
Proposal for a regulation Article 16 – paragraph 2 2. The Board, in agreement with the Commission, or on its own initiative, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board.
Amendment 508 #
Proposal for a regulation Article 16 – paragraph 2 2. The Board
Amendment 509 #
Proposal for a regulation Article 16 – paragraph 2 2. The Board
Amendment 510 #
Proposal for a regulation Article 16 – paragraph 2 a (new) 2a. Member States shall ensure that when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have a legal basis to take into account at least one of the following conditions: (i) a decision taken against that provider by a national regulatory authority or body from another Member State (ii) an opinion of the Board relating to that provider and taken on the grounds of this article
Amendment 511 #
Proposal for a regulation Article 16 – paragraph 2 a (new) 2a. When taking a decision regarding the jurisdiction (inter alia through licensing or registration) over an audiovisual media service provider originating from outside of the Union, the competent regulatory authority or body shall, without prejudice to the national legislation, do its utmost to take into account a set of basic principle-based criteria concerning the service and the service provider to be developed by the Board.
Amendment 512 #
Proposal for a regulation Article 16 – paragraph 2 a (new) 2a. The Board shall coordinate measures to ensure the equal treatment of all audiovisual media, and in particular to ensure that media service providers established outside the Union are subjected to the same conditions or requirements as media service providers based within the Union, in particular respect for the principles of honesty, independence and pluralism of news and information and mechanisms listed in article 6.
Amendment 513 #
Proposal for a regulation Article 16 – paragraph 2 b (new) 2b. Very large online platforms shall find a solution to monitor and assess media services published by providers from outside the EU and targeting audiences in the Member States. They shall find the necessary expertise and resources to identify and evaluate content that may present a risk to public security and defence and shall work in close coordination with national regulatory authorities or bodies and the Board to ensure that such content does not pose a threat to the safety and well-being of EU citizens.
Amendment 514 #
Proposal for a regulation Article 16 – paragraph 2 b (new) 2b. Member States shall ensure that, when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have the legal basis to take into account: (i) a decision taken against that provider by a national regulatory authority or body from another Member State, and/or (ii) an opinion of the Board relating to that provider and taken on the grounds of this Article.
Amendment 515 #
Proposal for a regulation Article 16 – paragraph 2 c (new) 2c. The platforms shall regularly review and update their technical and organisational measures to prevent such content from being disseminated on their platforms in compliance with the EU legislation and the requirements of Regulation (EU) 2022/2065. These measures should be designed to be effective, proportionate, and transparent.
Amendment 516 #
Proposal for a regulation Article 16 – paragraph 2 d (new) 2d. The platforms shall establish a transparent and accountable process for reporting on their compliance with the Regulation, including the measures taken to prevent the dissemination of content coming from media service providers from outside the EU, that may present a risk to public security and defence. These reports shall be made publicly available on the platforms' websites and shall include the following: (i) Information on the number of media services assessed; (ii) The number of content items restricted or suspended; (iii) The reasons for such restrictions or suspensions. The reports shall also include information on the measures taken to ensure compliance with the Regulation, including any changes to the technical or organizational measures used to prevent the dissemination of such content.
Amendment 517 #
Proposal for a regulation Article 16 – paragraph 2 e (new) 2e. The platforms shall cooperate fully with any investigations or inquiries conducted by regulatory authorities or bodies on media service providers from outside the EU, that may present a risk to public security and defence, and shall provide all required information and data to support such investigations or inquiries.
Amendment 518 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Providers of very large online platforms shall
Amendment 519 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. Providers of very large online platforms shall
Amendment 520 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1.
Amendment 521 #
Proposal for a regulation Article 17 – paragraph 1 – point a Amendment 522 #
Proposal for a regulation Article 17 – paragraph 1 – point a Amendment 523 #
Proposal for a regulation Article 17 – paragraph 1 – point a (a)
Amendment 524 #
Proposal for a regulation Article 17 – paragraph 1 – point b Amendment 525 #
Proposal for a regulation Article 17 – paragraph 1 – point b Amendment 526 #
Proposal for a regulation Article 17 – paragraph 1 – point b (b)
Amendment 527 #
Proposal for a regulation Article 17 – paragraph 1 – point c Amendment 528 #
Proposal for a regulation Article 17 – paragraph 1 – point c Amendment 529 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) it is subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, or adheres to a co-regulatory or self-regulatory mechanism governing editorial standards, widely recognised and accepted in the relevant media sector in one or more Member States. Media service providers’ self-declarations must be easy to verify. Member States shall be responsible for verifying media service providers’ self-declarations and shall provide for an independent, rapid and effective complaint and redress mechanism.
Amendment 530 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) it is subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, or adheres to a co-regulatory or self-regulatory mechanism governing
Amendment 531 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c)
Amendment 532 #
Proposal for a regulation Article 17 – paragraph 1 – point c a (new) (ca) it is included in publicly available registries, databases or lists kept by a public authority or by the self- or co- regulatory body in charge of monitoring the sector. In case such tools do not exist, the recipient must declare that it is subject to the supervision of an independent national regulatory authority or body and/or to a self- or co-regulatory mechanism, of which name and contact details shall be stated: in this latter case, the provider of the very large online platform or the provider of the very large search engine shall ask the respective supervising or monitoring entity to confirm the information given by the declarant. The declaration of a media service provider shall only be deemed valid if the supervising or monitoring entities exist and can confirm the adherence to the regulations and/or codes of practice by the declarant.
Amendment 533 #
Proposal for a regulation Article 17 – paragraph 1 – point c a (new) (ca) it is subject to the supervision of an independent national regulatory authority or body and/or to a self- or co- regulatory mechanism, of which name and contact details shall be stated. The provider of the very large online platform shall ask the respective supervising or monitoring entity to confirm the information given by the declarant. The declaration of a media service provider shall only be deemed valid if the supervising or monitoring entities exist and can confirm the declarant's adherence to the regulations and/or codes of practice.
Amendment 534 #
Proposal for a regulation Article 17 – paragraph 1 – subparagraph 1 (new) Member States shall communicate the list, including any updates thereto, to the Commission. The Commission shall maintain a centralised database of these lists and make this database available to very large online platforms in a standardised, machine-readable format, including through application programming interfaces.
Amendment 535 #
Proposal for a regulation Article 17 – paragraph 1 a (new) 1a. In order to prevent the misuse of the declaration system, a very large online platform may invalidate the declaration of a media service provider if the media service provider has repeatedly violated national or European law or if its content has been frequently suspended or restricted on the basis of a breach of the terms and conditions following the procedure referred to in paragraph 2 of this Article. The provider of a very large online platform or search engine shall inform the supervising or regulatory entity and the Board about the invalidation of the declaration.
Amendment 536 #
Proposal for a regulation Article 17 – paragraph 1 a (new) 1a. A media service provider whose declaration to a provider of very large online platform or search engine pursuant to paragraph 1 has been rejected or invalidated pursuant to paragraph 1b, shall have the possibility to appeal against this decision. An external complaint mechanism shall be guaranteed in each Member State and handled by one or several independent authorities or bodies.
Amendment 537 #
Proposal for a regulation Article 17 – paragraph 1 b (new) 1b. In order to prevent the misuse of the declaration system, a very large online platform or search engines may invalidate the declaration of a media service provider. Such invalidation shall be executed if the media service provider has repeatedly violated the platform’s terms and conditions or if its content has been frequently suspended or restricted on the basis of a breach of the terms and conditions following the procedure referred to in paragraph 2 of this Article. The provider of a very large online platform or search engine shall inform the supervising or regulatory entity about the invalidation of the declaration.
Amendment 538 #
Proposal for a regulation Article 17 – paragraph 2 2. Without prejudice to any of their legal obligations, including Regulation (EU) 2022/2065, in particular the provisions foreseen in Articles 16 and 22 and corresponding recitals, where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall immediately take all possible measures
Amendment 539 #
Proposal for a regulation Article 17 – paragraph 2 2. Where a provider of very large online platform decides to restrict or suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150
Amendment 540 #
Proposal for a regulation Article 17 – paragraph 2 2. Where a provider of very large online platform decides to restrict or suspend the provision of its online intermediation services in relation to content or services provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content or services is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/
Amendment 541 #
Proposal for a regulation Article 17 – paragraph 2 2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect. If the provider of a very large online platform subsequently decides to suspend or restrict content or services, it shall give detailed reasons in writing why it rejects the media service provider’s objections at the time the decision takes effect.
Amendment 542 #
Proposal for a regulation Article 17 – paragraph 2 2. W
Amendment 543 #
Proposal for a regulation Article 17 – paragraph 2 2. Where a provider of very large online platform decides to suspend or limit the provision of its online intermediation services in relation to content or services provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of justified and concrete reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect.
Amendment 544 #
Proposal for a regulation Article 17 – paragraph 2 2. Where a provider of very large online platform decides to
Amendment 545 #
Proposal for a regulation Article 17 – paragraph 2 2. Where a provider of a very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that
Amendment 546 #
Proposal for a regulation Article 17 – paragraph 2 2. Where a provider of very large online platform decides to restrict and or to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect.
Amendment 547 #
Proposal for a regulation Article 17 – paragraph 2 2. Where a provider of very large online platform decides to suspend or restrict the
Amendment 548 #
Proposal for a regulation Article 17 – paragraph 2 2. Where a provider of very large online platform decides to
Amendment 549 #
Proposal for a regulation Article 17 – paragraph 2 2. Without prejudice to its obligations pursuant to Articles 24 and 35 of Regulation (EU) 2022/2065, where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions,
Amendment 550 #
Proposal for a regulation Article 17 – paragraph 3 3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and with
Amendment 551 #
Proposal for a regulation Article 17 – paragraph 3 3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 and Article 20 of Regulation (EU) 2022/2065 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and within no longer than 48 hours from a complaint being lodged. If the large online platform does not respect this time limit, it shall restore the content or service without undue delay.
Amendment 552 #
Proposal for a regulation Article 17 – paragraph 3 3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and no later than 48 hours after submission of the complaint. If the very large online platform fails to adhere to this time limit, it shall reinstate the content or service without undue delay.
Amendment 553 #
Proposal for a regulation Article 17 – paragraph 3 3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 and Article 20 of Regulation (EU) 2022/2065 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and without undue delay.
Amendment 554 #
Proposal for a regulation Article 17 – paragraph 3 3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 by media service providers that
Amendment 555 #
Proposal for a regulation Article 17 – paragraph 3 3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150
Amendment 556 #
Proposal for a regulation Article 17 – paragraph 3 3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article
Amendment 557 #
Proposal for a regulation Article 17 – paragraph 4 4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform
Amendment 558 #
Proposal for a regulation Article 17 – paragraph 4 4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform
Amendment 559 #
Proposal for a regulation Article 17 – paragraph 4 4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content or services provided by the media service provider without sufficient grounds, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board. If no amicable solution is found, the media service provider may lodge a complaint before a certified out-of-court dispute settlement body in accordance with Article 21 of Regulation 2022/2065 without prejudice and in addition to its right to effective judicial protection.
Amendment 560 #
Proposal for a regulation Article 17 – paragraph 4 4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of
Amendment 561 #
Proposal for a regulation Article 17 – paragraph 4 4. Where a
Amendment 562 #
Proposal for a regulation Article 17 – paragraph 4 4. Where
Amendment 563 #
Proposal for a regulation Article 17 – paragraph 4 4. Where a media service provider that
Amendment 564 #
Proposal for a regulation Article 17 – paragraph 4 a (new) 4a. The media service provider shall immediately notify the outcome of such exchanges to the Board. To this end, the Board shall maintain a transparent, complete, up-to-date, and public register documenting all exchanges referred to in paragraph 4, including information regarding the name of the concerned media service providers and very large online platforms, as well as the number of meetings, meeting documents, and the outcomes of such exchanges.
Amendment 565 #
Proposal for a regulation Article 17 – paragraph 4 a (new) 4a. The media service provider shall immediately notify the outcome of any meaningful and effective dialogue to the Board. To this end, the Board shall maintain a transparent, complete, up-to- date, public register documenting all procedures of this nature, including the name of the concerned media service providers and very large online platform, as well as the number of meetings, meeting documents, and the outcomes of such dialogues
Amendment 566 #
Proposal for a regulation Article 17 – paragraph 4 b (new) 4b. Pursuant to the objectives laid out in paragraph 5, the Board shall be able to request additional documentation when it finds that the information provided by very large online platforms in the context of meaningful and effective dialogues is not sufficient or adequate.
Amendment 567 #
Proposal for a regulation Article 17 – paragraph 4 b (new) 4b. Pursuant to the objectives laid out in the previous paragraph, the Board shall be able to request additional documentation when it finds that the information provided by very large online platforms in the context of meaningful and effective dialogues is not adequate.
Amendment 568 #
Proposal for a regulation Article 17 – paragraph 5 – point a (a) the number of instances where they imposed any restriction or suspension on the grounds that the content p
Amendment 569 #
Proposal for a regulation Article 17 – paragraph 5 – point a (a) the number of instances where they imposed any restriction or suspension on the grounds that the content provided by a
Amendment 570 #
Proposal for a regulation Article 17 – paragraph 5 – point a (a) the number of instances where they imposed any restriction or suspension on the grounds that the content or services provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 571 #
Proposal for a regulation Article 17 – paragraph 5 – point a (a) the number of instances where they imposed any restriction or suspension on the grounds that the content or service provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
Amendment 572 #
Proposal for a regulation Article 17 – paragraph 5 – point a (a) the number of instances where they imposed any
Amendment 573 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 574 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 575 #
Proposal for a regulation Article 17 – paragraph 6 6. With a view to facilitating the consistent and effective implementation of this Article, the Commission
Amendment 576 #
Proposal for a regulation Article 17 – paragraph 6 6. With a view to facilitating the consistent and effective implementation of this Article, the Commission may issue guidelines before the Regulation gets adopted to establish the form and details of the
Amendment 578 #
Proposal for a regulation Article 18 – paragraph 1 1. The Board shall regularly organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of Article 17 of this Regulation, to foster access to diverse offers of independent media on very large online platforms stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services and to monitor adherence to self-
Amendment 579 #
Proposal for a regulation Article 18 – paragraph 1 1. The Board shall regularly organise a structured
Amendment 580 #
Proposal for a regulation Article 18 – paragraph 2 2. The Board shall report on the results of the dialogue to the Commission. The Commission shall take this report into account for its assessment of the compliance of the very large online platforms with their obligations relating to systemic risks mitigation pursuant to Article 35 of Regulation (EU) 2022/2065.
Amendment 581 #
Proposal for a regulation Article 18 – paragraph 2 2. The Board shall report on the results of the
Amendment 582 #
Proposal for a regulation Article 19 – title Right of customisation of
Amendment 583 #
Proposal for a regulation Article 19 – paragraph 1 1. Users shall have a right to easily change the default settings and the arrangement of applications or content of audiovisual media services of any device or user interface controlling or managing
Amendment 584 #
Proposal for a regulation Article 19 – paragraph 1 1. Users shall have a right to easily change the default settings of any device or user interface controlling or managing access to and use of
Amendment 585 #
Proposal for a regulation Article 19 – paragraph 1 1. Users shall have a right to easily change the default settings of any device or user interface controlling or managing access to and use of audiovisual media services
Amendment 586 #
Proposal for a regulation Article 19 – paragraph 2 2. When placing the devices and user interfaces referred to in paragraph 1 on the market, manufacturers and developers shall ensure that they include a software-based functionality enabling users to
Amendment 587 #
Proposal for a regulation Article 19 a (new) Article 19a Right to identify the provider of a media service 1. Recipients of media services shall have a right to easily identify the media service provider on any device or user interface controlling or managing access to and use of media services. 2. Manufacturers of devices and providers of user interfaces controlling or managing access to and use of media services shall ensure that the identity of the media service provider bearing the editorial responsibility for the content or services is clearly visible alongside the content and services offered.
Amendment 588 #
Proposal for a regulation Article 20 – paragraph 1 1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the provision of media services or operation of media service providers in the internal market shall be duly
Amendment 589 #
Proposal for a regulation Article 20 – paragraph 1 1. Any legislative, regulatory or administrative measure taken by a Member State, including, but not limited to, to implement Directive 2010/13/EU, that is liable to affect the operation of media service providers in the internal market shall be duly justified
Amendment 590 #
Proposal for a regulation Article 20 – paragraph 1 1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the operations of news and current affairs media service providers in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non-
Amendment 591 #
Proposal for a regulation Article 20 – paragraph 2 Amendment 592 #
Proposal for a regulation Article 20 – paragraph 4 4. The Board, upon request of the Commission or on its own initiative, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available. The Board, upon request by a media service provider individually and directly affected by a measure or by the Commission, shall draw up an opinion on the measure.
Amendment 593 #
Proposal for a regulation Article 20 – paragraph 4 4. The Board, upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services.
Amendment 594 #
Proposal for a regulation Article 20 – paragraph 4 4. The Board,
Amendment 595 #
Proposal for a regulation Article 20 – paragraph 4 4. The Board, upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure referred to in paragraph 1 is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 596 #
Proposal for a regulation Article 20 – paragraph 4 4. The Board
Amendment 597 #
Proposal for a regulation Article 20 – paragraph 4 4. The Board
Amendment 598 #
Proposal for a regulation Article 20 – paragraph 5 5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concerned. The Board, upon request by a media service provider individually and directly affected by a measure or by the Commission, shall draw up an opinion on the measure.
Amendment 599 #
Proposal for a regulation Article 20 – paragraph 5 5. Where a national authority or body adopts a measure referred to in paragraph 1 that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concerned.
Amendment 600 #
Proposal for a regulation Article 20 – paragraph 5 5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is
Amendment 601 #
Proposal for a regulation Article 21 – title Assessment of media market concentrations significantly impacting media pluralism
Amendment 602 #
Proposal for a regulation Article 21 – title Assessment of
Amendment 603 #
Proposal for a regulation Article 21 – title Assessment of
Amendment 604 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 – introductory part Where Member States
Amendment 605 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 – introductory part Member States shall provide, in their national legal systems, substantive and procedural rules which ensure an assessment of
Amendment 606 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 – introductory part Member States shall provide, in their national legal systems, substantive and procedural rules which ensure an assessment of media market concentrations
Amendment 607 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 – point b Amendment 608 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 – point b (b) require the parties to
Amendment 609 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 – point c Amendment 610 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 – point c Amendment 611 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 – point d (d) set out in advance objective, non- discriminatory and proportionate criteria for notifying
Amendment 612 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 1 – point d a (new) (da) take into account the media market in its entirety, including the online environment and very large online platforms.
Amendment 613 #
Proposal for a regulation Article 21 – paragraph 1 – subparagraph 2 The assessment referred to in this paragraph shall be
Amendment 614 #
Proposal for a regulation Article 21 – paragraph 2 – introductory part 2. In the assessment referred to in paragraph 1, the following elements
Amendment 615 #
Proposal for a regulation Article 21 – paragraph 2 – introductory part 2. In the assessment referred to in paragraph 1, the following elements
Amendment 616 #
Proposal for a regulation Article 21 – paragraph 2 – point -a (new) (-a) the media market in its entirety, including the online environment, very large online platforms and public service media providers and measures and commitments related to the independence and internal pluralism of the media and the prevention of conflicts of interest.
Amendment 617 #
Proposal for a regulation Article 21 – paragraph 2 – point a (a) the impact of the concentration on media pluralism, including
Amendment 618 #
Proposal for a regulation Article 21 – paragraph 2 – point a (a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players on the market,
Amendment 619 #
Proposal for a regulation Article 21 – paragraph 2 – point a (a) the impact of the concentration on media pluralism, including a risk assessment to identify any systemic risks to media freedom and pluralism in the particular Member State, and its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non- media businesses;
Amendment 620 #
Proposal for a regulation Article 21 – paragraph 2 – point a (a) the impact of the concentration on media pluralism, including a risk assessment concerning media freedom and media pluralism as referred to in Article 12(g a), and its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non-media businesses;
Amendment 621 #
Proposal for a regulation Article 21 – paragraph 2 – point a (a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players and services on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non- media businesses;
Amendment 622 #
Proposal for a regulation Article 21 – paragraph 2 – point a (a) the impact of the concentration on media pluralism, including its effects on the
Amendment 623 #
Proposal for a regulation Article 21 – paragraph 2 – point a (a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of
Amendment 624 #
Proposal for a regulation Article 21 – paragraph 2 – point b (b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of
Amendment 625 #
Proposal for a regulation Article 21 – paragraph 2 – point b (b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, in line with national media laws and self-regulation;
Amendment 626 #
Proposal for a regulation Article 21 – paragraph 2 – point b (b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial
Amendment 627 #
Proposal for a regulation Article 21 – paragraph 2 – point b (b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, in line with national laws and self-regulation;
Amendment 628 #
Proposal for a regulation Article 21 – paragraph 2 – point c Amendment 629 #
Proposal for a regulation Article 21 – paragraph 2 – point c (c) whether, in the absence of the concentration, the acquiring and acquired entity would remain economically sustainable, and whether there are any possible alternatives to ensure its economic sustainability, which would not undermine freedom and pluralism of the media.
Amendment 630 #
Proposal for a regulation Article 21 – paragraph 2 – point c (c) whether, in the absence of the concentration, the acquiring and acquired entity would remain economically sustainable, in the short and medium term, and whether there are any possible alternatives to ensure its economic sustainability
Amendment 631 #
Proposal for a regulation Article 21 – paragraph 2 – point c (c) whether, in the absence of the concentration, the acquiring and acquired entity would remain economically sustainable
Amendment 632 #
Proposal for a regulation Article 21 – paragraph 2 – point c a (new) (ca) the influence on the media market concentration as a whole, including a focus on the role and scope of mandate and actual services of public service media providers in the Member State and services of providers of very large online platforms.
Amendment 633 #
Proposal for a regulation Article 21 – paragraph 2 – point c a (new) (ca) economic and operational sustainability and competition with very large online platforms and publicly funded public service broadcasters.
Amendment 634 #
Proposal for a regulation Article 21 – paragraph 2 – point c a (new) (ca) competition with very large online platforms and publicly funded public service broadcasters.
Amendment 635 #
Proposal for a regulation Article 21 – paragraph 3 3. The
Amendment 636 #
Proposal for a regulation Article 21 – paragraph 4 4. The national regulatory authority or body
Amendment 637 #
Proposal for a regulation Article 21 – paragraph 4 4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable
Amendment 638 #
Proposal for a regulation Article 21 – paragraph 4 4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism
Amendment 639 #
Proposal for a regulation Article 21 – paragraph 4 4. The national regulatory authority or body
Amendment 640 #
Proposal for a regulation Article 21 – paragraph 5 5. Within 14 calendar days from the receipt of the
Amendment 641 #
Proposal for a regulation Article 21 – paragraph 6 6. The national regulatory authority or body referred to in paragraph 4
Amendment 642 #
Proposal for a regulation Article 21 – paragraph 6 a (new) 6a. National regulatory authorities or bodies, when they deem it necessary to safeguard media pluralism and editorial independence, may impose on all actors involved in a media market concentration, and as a prior condition to authorize the transaction, the obligation to make detailed commitments related to the freedom, independence and pluralism of the media and the prevention of conflicts of interest.
Amendment 643 #
Proposal for a regulation Article 22 – paragraph 1 1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, on its own initiative or upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2) and its risk assessment concerning systemic risks to media freedom and media pluralism in the particular Member State. The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 644 #
Proposal for a regulation Article 22 – paragraph 1 1. In the absence of an assessment or a consultation pursuant to Article 21, the Board
Amendment 645 #
Proposal for a regulation Article 22 – paragraph 1 1. In the absence of an assessment or a consultation pursuant to Article 21, the Board,
Amendment 646 #
Proposal for a regulation Article 22 – paragraph 1 1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, upon request of the Commission or on its own initiative, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2). The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 647 #
Proposal for a regulation Article 22 – paragraph 1 Amendment 648 #
Proposal for a regulation Article 22 – paragraph 1 a (new) 1a. The Board shall take utmost account of input from civil society and industry groups when deciding whether to draw up an opinion on a concentration which would objectively impact the media market despite neither party being a media market service provider.
Amendment 649 #
Proposal for a regulation Article 23 – paragraph 1 1. Audience measurement systems
Amendment 650 #
Proposal for a regulation Article 23 – paragraph 1 1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, comparability, inclusiveness, proportionality, non-
Amendment 651 #
Proposal for a regulation Article 23 – paragraph 1 a (new) 1a. Undertakings that draw revenues from advertising on the media market must delegate the measurement of audiences to independent third parties to ensure neutrality for advertising related transactions. The aggregate audience reports produced by independent third parties shall be made available upon request to relevant market operators and public authorities subject to appropriate compensation and in accordance with competition rules.
Amendment 652 #
Proposal for a regulation Article 23 – paragraph 1 a (new) 1a. To secure impartiality in measurement, audience measurement should be carried out by independent third parties or self-regulatory bodies. This should be without prejudice to media services providers conducting their own measurements in relation to their content and services.
Amendment 653 #
Proposal for a regulation Article 23 – paragraph 1 b (new) 1b. The data shared with an independent third party or an independent body for audience measurement shall be as granular as the data provided by the rest of the media market, which includes non-aggregated data.
Amendment 654 #
Proposal for a regulation Article 23 – paragraph 1 c (new) 1c. It is prohibited to engage in any behaviour that undermines effective compliance with the obligations in paragraph 1b whether that behaviour is of a contractual, commercial, technical nature, or by making compliance with legal obligations more burdensome than for its own services.
Amendment 655 #
Proposal for a regulation Article 23 – paragraph 2 Amendment 656 #
Proposal for a regulation Article 23 – paragraph 2 2. Without prejudice to the protection of undertakings’
Amendment 657 #
Proposal for a regulation Article 23 – paragraph 2 2.
Amendment 658 #
Proposal for a regulation Article 23 – paragraph 2 2.
Amendment 659 #
Proposal for a regulation Article 23 – paragraph 2 2. Without prejudice to the protection of undertaking
Amendment 660 #
Proposal for a regulation Article 23 – paragraph 3 3.
Amendment 661 #
Proposal for a regulation Article 23 – paragraph 3 3. National regulatory authorities or bodies shall encourage and support the drawing up of codes of conduct or compliance with existing codes of conduct by providers of audience measurement systems, together with media service providers, online platforms, their representative organisations and any other interested parties, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. In the drawing up of codes of conduct, special consideration should be given to small media to ensure proper measurements of their audiences.
Amendment 662 #
Proposal for a regulation Article 23 – paragraph 3 3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems, including very large online platforms, together with media service providers, their representative organisations and any other interested parties, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
Amendment 663 #
Proposal for a regulation Article 23 – paragraph 3 3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems, including online platforms, together with media service providers, their representative organisations and any other interested parties, that are intended to contribute to
Amendment 664 #
Proposal for a regulation Article 23 – paragraph 3 3.
Amendment 665 #
Proposal for a regulation Article 23 – paragraph 3 3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems, together with media service providers, their representative organisations, civil society and any other interested parties, that are intended to contribute to compliance with the principles referred to
Amendment 666 #
Proposal for a regulation Article 23 – paragraph 4 4. The Commission, assisted by the Board and experts from media service providers, research companies or organisations, such as the Joint Industry Committees that provide audience measurements for the market, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article.
Amendment 667 #
Proposal for a regulation Article 23 – paragraph 4 4. The Commission, assisted by the Board and the relevant experts from media service providers such as Joint Industry Committees providing audience measurements, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article.
Amendment 668 #
Proposal for a regulation Article 23 – paragraph 4 4. The Commission, assisted by the Board, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article, whilst taking into the existing national codes of conduct.
Amendment 669 #
Proposal for a regulation Article 23 – paragraph 5 5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems , media service providers and other interested parties.
Amendment 672 #
Proposal for a regulation Article 24 – paragraph 1 1. Public funds or any other consideration or advantage granted by public authorities to media service providers and providers of online platforms, including for the purposes of advertising, shall be awarded according to transparent, objective, proportionate and non-
Amendment 673 #
Proposal for a regulation Article 24 – paragraph 1 1. Public funds or any other consideration or advantage granted by public authorities to media service providers and providers of online platforms, including for the purposes of advertising shall be awarded according to transparent, objective, proportionate and non-
Amendment 674 #
Proposal for a regulation Article 24 – paragraph 1 1. Public funds or any other consideration or advantage granted by public authorities to media service providers and providers of online platforms, for the purposes of advertising shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 675 #
Proposal for a regulation Article 24 – paragraph 1 1. Public funds or any other consideration or advantage granted by public authorities to media service providers and online platforms for the purposes of advertising shall be awarded according to transparent, objective, proportionate and non-
Amendment 676 #
Proposal for a regulation Article 24 – paragraph 2 – introductory part 2. Public authorities, including European Union bodies institutions and agencies, national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state-
Amendment 677 #
Proposal for a regulation Article 24 – paragraph 2 – introductory part 2. Public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments
Amendment 678 #
Proposal for a regulation Article 24 – paragraph 2 – introductory part 2. Public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible,
Amendment 679 #
Proposal for a regulation Article 24 – paragraph 2 – introductory part 2. Public authorities,
Amendment 680 #
Proposal for a regulation Article 24 – paragraph 2 – introductory part 2. Public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state
Amendment 681 #
Proposal for a regulation Article 24 – paragraph 2 – point a (a) the legal names of media service providers from which advertising services were purchased or providers of online platforms;
Amendment 682 #
Proposal for a regulation Article 24 – paragraph 2 – point a (a) the legal names of media service providers from which advertising services were purchased and who received state funding;
Amendment 683 #
Proposal for a regulation Article 24 – paragraph 2 – point a (a) the legal names of media service providers
Amendment 684 #
Proposal for a regulation Article 24 – paragraph 2 – point b (b) the total annual amount spent as well as the amounts spent per media service provider and to providers of online platforms.
Amendment 685 #
Proposal for a regulation Article 24 – paragraph 2 – point b (b) the total annual amount spent as well as the amounts spent per media service provider or providers of online platforms..
Amendment 686 #
Proposal for a regulation Article 24 – paragraph 2 – point b (b) the total annual amount spent as well as the amounts spent per media service provider or providers of online platforms.
Amendment 687 #
Proposal for a regulation Article 24 – paragraph 2 – point b (b) the total annual amount spent
Amendment 688 #
Proposal for a regulation Article 24 – paragraph 2 – point b a (new) (ba) the amounts spent per media service provider;
Amendment 689 #
Proposal for a regulation Article 24 – paragraph 2 a (new) 2a. In the two months preceding an election, no public funds or any other consideration or advantage shall be granted by public authorities to media service providers for the purpose of advertising, unless it concerns information relating to the procedures of the election.
Amendment 690 #
Proposal for a regulation Article 24 – paragraph 3 3. National regulatory authorities or bodies shall monitor the allocation of state funding , including advertising in media markets and to providers of online platforms. In order to assess the accuracy of the information on state funding, including advertising, made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 691 #
Proposal for a regulation Article 24 – paragraph 3 3. National regulatory authorities or bodies shall monitor the allocation of state advertising in media markets and providers of online platforms. In order to assess the accuracy of the information on state advertising made available pursuant to paragraph 2, national regulatory authorities or bodies may request from the entities referred to in paragraph 2 further information, including information on the application of criteria referred to in paragraph 1.
Amendment 692 #
Proposal for a regulation Article 24 – paragraph 3 3. National regulatory authorities or bodies shall monitor the allocation of state
Amendment 693 #
Proposal for a regulation Article 24 – paragraph 3 a (new) 3a. Member States shall entrust a relevant national regulatory authority or body with developing and maintaining a dedicated online database of state advertising, containing disaggregated data defined in paragraph 2.
Amendment 694 #
Proposal for a regulation Article 24 – paragraph 3 b (new) 3b. Public authorities allocating public funds or any other consideration or advantage granted for the purpose of advertising shall submit the information defined in paragraph 1, to the national databases of state advertising established according to paragraph 3.
Amendment 695 #
Proposal for a regulation Article 24 – paragraph 3 c (new) 3c. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of State advertising on quarterly basis.
Amendment 696 #
Proposal for a regulation Article 24 – paragraph 4 4. The allocation of state resources to media service providers and providers of online platforms, for the purpose of purchasing goods or services from them other than state advertising shall be subject to the requirements set out in paragraph 1. This Article shall not affect the application of the State aid rules.
Amendment 697 #
Proposal for a regulation Article 24 – paragraph 4 4. The allocation of state resources to media service providers and providers of online platforms for the purpose of purchasing goods or services from them
Amendment 698 #
Proposal for a regulation Article 24 – paragraph 4 a (new) 4a. Media service provider or online platform which receives public funds or any other consideration or advantage for the purposes of advertising from third- countries shall annually submit a report to the national regulatory authority or body which shall include at least the following details: (a) the legal names of the entities granting public funds; (b) the total annual amount of the public funds granted. The information reported according to this paragraph shall be made publicly available.
Amendment 699 #
Proposal for a regulation Article 24 a (new) Article 24a Allocation of public funding from third countries Any media service provider or online platform which receives public funds or any other consideration or advantage for the purposes of advertising from third- countries shall annually submit a report to the national regulatory authority or body which shall include at least the following details: (a) the legal names of the entities granting public funds or other consideration or advantage; (b) the total annual amount of the public funds granted by each such entity; (c) a description and estimated value of each public funding or any other consideration or advantage. The information reported according to this paragraph shall be made publicly available.
Amendment 700 #
Proposal for a regulation Article 28 – paragraph 2 – subparagraph 2 However, Articles 7 to 12 and 27 shall apply from [3 months after the entry into force] and Article 19
source: 746.721
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