517 Amendments of Daniel FREUND related to 2022/0277(COD)
Amendment 120 #
Proposal for a regulation
Citation 4 a (new)
Citation 4 a (new)
Having regard to the opinion of the European Data Protection Supervisor,
Amendment 126 #
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
Having regard to the opinion of the European Data Protection Supervisor,
Amendment 132 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A free and well-functioning internal market for media services is also an essential pillar of a functioning democracy, by providing access to a plurality of views and trustworthy sources of information to the consumers. The increased role of the online environment and its new functionalities have had a disruptive effect on the market for media services. The ability of media service providers to operate in a fair level-playing field environment is hampered by divergent approaches at national level. These approaches have created market fragmentation and legal uncertainty. Therefore, it is necessary to have a single legal framework that ensures a harmonised application of rules for media service providers throughout the Union, ensuring that European consumers have access to a broad range of reliable sources of information and to quality journalism as public goods in order to make informed choices, including about the state of their democracies.
Amendment 134 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The right to freedom of expression and information, enshrined in Article 11 of the Charter and in Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, encompasses the right to receive and impart information as well as the freedom and pluralism of the media. Accordingly, this Regulation draws upon the case law of the European Court of Human Rights (ECHR) and builds upon the standards developed by the Council of Europe in this regard.
Amendment 137 #
Proposal for a regulation
Recital 6
Recital 6
(6) RecipiUnion citizents of media services in the Union (natural persons who are nationals of Member States orr natural persons who benefit from rights conferred upon them by Union law and legal persons established in the Union) should be able to effectively enjoy the freedom to receive free and pluralistic media services in the internal market. In fostering the cross- border flow of media services, a minimum level of protection of service recipients should be ensured in the internal market. That would be in compliance with the right to receive and impart information pursuant to Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’). It is thus necessary to harmonise certain aspects of national rules related to media services. In the final report of the Conference on the Future of Europe, citizens called on the EU to further promote media independence and pluralism, in particular by introducing legislation addressing threats to media independence through EU-wide minimum standards46. _________________ 46 Conference on the Future of Europe – Report on the Final Outcome, May 2022, in particular proposal 27 (1) and 37 (4).
Amendment 137 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A free and well-functioning internal market for media services is also an essential pillar of a functioning democracy, by providing access to a plurality of views and trustworthy sources of information to the consumers. The increased role of the online environment and its new functionalities have had a disruptive effect on the market for media services. The ability of media service providers to operate in a fair level-playing field environment is hampered by divergent approaches at national level. These approaches have created market fragmentation and legal uncertainty. Therefore, it is necessary to have a single legal framework that ensures a harmonised application of rules for media service providers throughout the Union, ensuring that European consumers have access to a broad range of reliable sources of information and to quality journalism as public goods in order to make informed choices, including about the state of their democracies.
Amendment 138 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The right to freedom of expression and information, enshrined in Article 11 of the Charter and in Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, encompasses the right to receive and impart information as well as the freedom and pluralism of the media. Accordingly, this Regulation draws upon the case law of the European Court of Human Rights (ECHR) and builds upon the standards developed by the Council of Europe in this regard.
Amendment 139 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 140 #
Proposal for a regulation
Recital 7
Recital 7
(7) For the purposes of this Regulation, the definition of a media services should be limitall be considered to be services as defined by the Treaty and therefore should cover any form of economic activitywithin the meaning of the Treaties where they are normally provided for remuneration. Thise definition of media service should exclude user-generated content uploaded to an online platform unless it constitutes a professional activity normally provided for consideration (be it of financial or of other nature). It should also exclude purely private correspondence, such as e-mails, as well as all services that do not have the provision of audiovisual or audio programmes or press publications as their principal purpose, meaning where the content is merely incidental to the service and not its principal purpose, such as advertisements or information related to a product or a service provided by websites that do not offer media services. The definition of a media service should cover in particular television or radio broadcasts, on-demand audiovisual media services, audio podcasts or press publications. Corporate communication and distribution of informational or promotional materials for public or private entities should be excluded from the scope of this definition.
Amendment 140 #
Proposal for a regulation
Recital 6
Recital 6
(6) RecipiUnion citizents of media services in the Union (natural persons who are nationals of Member States orr natural persons who benefit from rights conferred upon them by Union law and legal persons established in the Union) should be able to effectively enjoy the freedom to receive free and pluralistic media services in the internal market. In fostering the cross- border flow of media services, a minimum level of protection of service recipients should be ensured in the internal market. That would be in compliance with the right to receive and impart information pursuant to Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’). It is thus necessary to harmonise certain aspects of national rules related to media services. In the final report of the Conference on the Future of Europe, citizens called on the EU to further promote media independence and pluralism, in particular by introducing legislation addressing threats to media independence through EU-wide minimum standards46. _________________ 46 Conference on the Future of Europe – Report on the Final Outcome, May 2022, in particular proposal 27 (1) and 37 (4).
Amendment 142 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The media environment is undergoing major and fast changes. In this regard, the role of the media in a democratic society has not changed, but media has additional tools to facilitate interaction and engagement. Media- related policy must take these and future developments into account. Therefore, this Regulation should adopt a broad notion of media which encompasses all actors involved in the production and dissemination, to potentially large numbers of people, of content (for example information, analysis, comment, opinion, education, culture, art and entertainment in text, audio, visual, audiovisual or other form) and applications which are designed to facilitate interactive mass communication (for example social networks), while retaining (in all these cases) editorial control or oversight of the contents. Thus, the definition of media service provider should cover print media, broadcast media, non-linear audiovisual media, online newspapers, news websites, online news portals, online news archives, print and online publishers, journalists, including those in non-standard forms of employment such as free-lancing and independent journalism and other public watchdogs reporting on matters of public interest such as bloggers, NGOs, citizen journalists, whistle-blowers, well-known social media users and podcasters.
Amendment 143 #
Proposal for a regulation
Recital 7
Recital 7
(7) For the purposes of this Regulation, the definition of a media services should be limitall be considered to be services as defined by the Treaty and therefore should cover any form of economic activitywithin the meaning of the Treaties where they are normally provided for remuneration. Thise definition of media services should exclude user-generated content uploaded to an online platform unless it constitutes a professional activity normally provided for consideration (be it of financial or of other nature). It should also exclude purely private correspondence, such as e-mails, as well as all services that do not have the provision of audiovisual or audio programmes or press publications as their principal purpose, meaning where the content is merely incidental to the service and not its principal purpose, such as advertisements or information related to a product or a service provided by websites that do not offer media services. The definition of a media service should cover in particular television or radio broadcasts, on-demand audiovisual media services, audio podcasts or press publications. Corporate communication and distribution of informational or promotional materials for public or private entities should be excluded from the scope of this definition.
Amendment 146 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) On the other hand, online platform’s 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. 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 148 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) On the other hand, online platform’s 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. Given the transfer of economic value in favour 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 149 #
Proposal for a regulation
Recital 10
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 at Union, national, regional and local level, 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 of more than 1 million inhabitants. 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 individualor local level. For the purposes of allocation of state advertising and other financial support, including in cases of natural or sanitary disasters, accidents or other unforeseen major incidents that can cause harm to significant portions of the population, criteria should be laid down in advance by national law. Such emergency messages should not be exempted from transparency obligations. Besides, state advertising is only one form of financial support for media that may include also direct subsidies in the form of direct state support awarded to media service providers, tax advantages, reductions to taxes or full tax exemptions for the media sector, state advertising, project-based support schemes funding covering specific needs of media outlets, such as training and skills development, upgrade of technology or facilities, or restructuring processes.
Amendment 152 #
Proposal for a regulation
Recital 10
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 at Union, national, regional and local level, 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 of more than 1 million inhabitants. 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 individualor local level. For the purposes of allocation of state advertising and other financial support including in cases of natural or sanitary disasters, accidents or other unforeseen, major incidents that can cause harm to significant portions of the population, criteria should be laid down in advance by national law. Such emergency messages should not be exempted from transparency obligations. Besides, state advertising is only one form of financial support for media that may include also direct subsidies in the form of direct state support awarded to media service providers, tax advantages, reductions to taxes or full tax exemptions for the media sector, state advertising, project-based support schemes funding covering specific needs of media outlets, such as training and skills development, upgrade of technology or facilities, or restructuring processes.
Amendment 158 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that society reaps the benefits of the internal media market, it is essential not only to guarantee the fundamental freedoms under the Treaty, but also the legal certainty which the recipients of media services need for the enjoyment of the corresponding benefits. Such recipients should have access to quality media services, which have been produced by journalists and editors in an independent manner and in line with journalistic standards and hence provide trustworthy information, including news and current affairs content. Such right does not entail any correspondent obligation on any given media service provider to adhere to standards not set out explicitly by law. Such quality media services are also an antidote against disinformation, including foreign information manipulation and interference.
Amendment 159 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that society reaps the benefits of the internal media market, it is essential not only to guarantee the fundamental freedoms under the Treaty, but also the legal certainty which the recipients of media services need for the enjoyment of the corresponding benefits. Such recipients should have access to quality media services, which have been produced by journalists and editors in an independent manner and in line with journalistic standards and hence provide trustworthy information, including news and current affairs content. Such right does not entail any correspondent obligation on any given media service provider to adhere to standards not set out explicitly by law. Such quality media services are also an antidote against disinformation, including foreign information manipulation and interference.
Amendment 161 #
Proposal for a regulation
Recital 14
Recital 14
(14) The protection of editorial independence is a precondition for exercising the activity of media service providers and their professional integrity. Editorial independence is especially important for media service providers providing news and current affairs cInformation is a public good. Media service providers play a key societal role in this regarr. In order to guarantee an independent and pluralistic media it is of key importance to put in place the necessary measures to create a safe environtment given its societal role as a public good. Mthat allows journalists to exercise editorial independence. Journalists, including freelancers and self-employed journalists, as well as other media service providers should be able to exercise their economic activities freely in the internal market and compete on equal footing in an increasingly online environment where information flows across borders.
Amendment 165 #
(14) The protection of editorial independence is a precondition for exercising the activity of media service providers and their professional integrity. Editorial independence is especially important for media service providers providing news and current affairs cInformation is a public good. Media service providers play a key societal role in this regard. In order to guarantee an independent and pluralistic media it is of key importance to put in place the necessary measures to create a safe environtment given its societal role as a public good. Mthat allows journalists to exercise editorial independence. Journalists, including freelancers and self-employed journalists, as well as other media service providers should be able to exercise their economic activities freely in the internal market and compete on equal footing in an increasingly online environment where information flows across borders.
Amendment 167 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) According to the Council of Europe Resolution 1003 (1993), on Ethics of journalism, inside the news organisation, publishers and journalists must co-exist, bearing in mind that the legitimate respect for publishers' and owners' ideological orientations is limited by the absolute requirements on truthful news reporting and ethical opinions. These requirements are such that it is necessary to reinforce the safeguards of the journalist's freedom of expression, for they must in the last instance operate as the ultimate sources of information. To that end, in addition to safeguarding the freedom of the media, freedom within the media must also be protected and internal pressures guarded against.
Amendment 168 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) According to the Council of Europe Resolution 1003 (1993), on Ethics of journalism, inside the news organisation, publishers and journalists must co-exist, bearing in mind that the legitimate respect for publishers' and owners' ideological orientations is limited by the absolute requirements on truthful news reporting and ethical opinions. These requirements are such that it is necessary to reinforce the safeguards of the journalist's freedom of expression, for they must in the last instance operate as the ultimate sources of information. To that end, in addition to safeguarding the freedom of the media, freedom within the media must also be protected and internal pressures guarded against.
Amendment 168 #
Proposal for a regulation
Recital 16
Recital 16
(16) Journalists, editors and meditoa workers 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, media workers and journalists (including those operating in non-standard forms of employment, such as freelancers and bloggers) should be able to rely on a robust protection of journalistic sources and communications, including against arbitrary interferences and deployment of surveillance technologies, since without such protection sources may be deterred from assisting the media in informing the public on matters of public interest. As a result, journalists’ freedomThis chilling effect is more pronounced for women and gender- diverse journalists, particularly women from marginalised groups such as racialised women, women from ethnic or religious minorities, LGTBIQ+ individuals and women with disabilities. As a result, journalists’ and media workers' freedom of expression and camapcity to exercise their economic activity and to fulfil their vital ‘public watchdog’ role may be undermined, thus affecting negatively access to quality media services. The protection of journalistic sources contributes tois a precondition for the protection of the fundamental right enshrined in Article 11 of the Charter. and crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies..
Amendment 169 #
Proposal for a regulation
Recital 16
Recital 16
(16) Journalists, editors and meditoa workers 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 and bloggers) should be able to rely on a robust protection of journalistic sources and communications, including against arbitrary interferences and deployment of surveillance technologies, since without such protection sources may be deterred from assisting the media in informing the public on matters of public interest. As a result, journalists’ freedomThis chilling effect is more pronounced for women and gender-diverse journalists, particularly women from marginalised groups such as racialised women, women from ethnic or religious minorities, LGTBIQ+ individuals and women with disabilities. As a result, journalists' and media workers' freedom of expression and capacity 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 tois a precondition for the protection of the fundamental right enshrined in Article 11 of the Charter and crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies. .
Amendment 172 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Surveillance methods deployed against journalists are varied, such as interception of electronic communications and metadata, device or software hacking including denial of service attacks, wiretapping, bugging, videotaping, geolocation tracking via Radiofrequency identification (RFID), Global Positioning System (GPS) or cell-site data, data mining and social media monitoring. These techniques may gravely impact journalists’ rights to privacy, data protection and freedom of expression. The protections afforded by this Regulation therefore encompass current forms of digital surveillance but also future technologies that may appear along with technological innovation and they are without prejudice to the application of existing and future Union’s law that restricts or prohibits the development, trade in, and use of specific surveillance technologies deemed too invasive. Spyware which grant full unlimited access to personal data, including sensitive data, on a device could affect the very essence of the right to privacy, and thus should under no circumstance be considered necessary and proportionate under Union law.
Amendment 173 #
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) The use of surveillance technologies or coercion to access journalists' data protected by professional privilege and linked to secrecy obligations should never be considered necessary and proportionate in a democratic society given the gravity of the interference they entail with media freedoms. They undermine the role of journalists as public watchdog and the fundamental role of journalistic sources to the protection of freedom of expression enshrined in Article 11 of the Charter.
Amendment 175 #
Proposal for a regulation
Recital 17
Recital 17
(17) The protection of journalistic sources and communication is currently regulated heterogeneously in the Member States. Some Member States provide an absolute protection against coercing journalists to disclose information that identify their source in criminal and administrative proceedings. Other Member States provide a qualified protection confined to judicial proceedings based on certain criminal charges, while others provide protection in the form of a general principle. In spite of existing standards codified by the Council of Europe and of established case law by the European Court of Human Rights, practical examples from several Member States have revealed very different approaches to this matter and a lack of protection for journalistic sources in some situations. This leads to fragmentation in the internal media market. As a result, journalists, which work increasingly on cross-border projects and provide their services to cross- border audiences, and by extension providers of media services, are likely to face barriers, legal uncertainty and uneven conditions of competition. Therefore, the protection of journalistic sources and communications needs harmonisation and further strengthening at Union level, without weakening the current protection in any Member State. Journalists working on cross-border projects should benefit from the highest protection standards of the Member States involved. The protection of journalistic sources and communications should correspond, as minimum, to the protection as provided in accordance with international and European standards as well as the case law from the CJEU and the ECtHR.
Amendment 176 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Surveillance methods deployed against journalists are varied, such as interception of electronic communications and metadata, device or software hacking including denial of service attacks, wiretapping, bugging, videotaping, geolocation tracking via Radiofrequency identification (RFID), Global Positioning System (GPS) or cell-site data, data mining and social media monitoring. These techniques may gravely impact journalists’ rights to privacy, data protection and freedom of expression. The protections afforded by this Regulation therefore encompass current forms of digital surveillance but also future technologies that may appear along with technological innovation and they are without prejudice to the application of existing and future Union’s law that restricts or prohibits the development, trade in, and use of specific surveillance technologies deemed too invasive. Spyware which grant full unlimited access to personal data, including sensitive data, on a device could affect the very essence of the right to privacy, and thus should under no circumstance be considered necessary and proportionate under Union law.
Amendment 177 #
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) The use of surveillance technologies or coercion to access journalists' data protected by professional privilege and linked to secrecy obligations should never be considered necessary and proportionate in a democratic society given the gravity of the interference they entail with media freedoms. They undermine the role of journalists as public watchdog and the fundamental role of journalistic sources to the protection of freedom of expression enshrined in Article 11 of the Charter.
Amendment 178 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Digital safety and the confidentiality of electronic communications have become a major concern for journalists. In light of this, the promotion and protection of anonymisation tools and end-to-end encrypted services used by media service providers and their employees needs to be encouraged at European level to ensure an equal level of access to such equipment across all Member States. These tools have become vital for journalists to freely exercise their work and their rights to privacy, data protection and freedom of expression including by securing their communications and protecting the confidentiality of their sources.
Amendment 179 #
Proposal for a regulation
Recital 17
Recital 17
(17) The protection of journalistic sources and communication is currently regulated heterogeneously in the Member States. Some Member States provide an absolute protection against coercing journalists to disclose information that identify their source in criminal and administrative proceedings. Other Member States provide a qualified protection confined to judicial proceedings based on certain criminal charges, while others provide protection in the form of a general principle. In spite of existing standards codified by the Council of Europe and of established case law by the European Court of Human Rights, practical examples from several Member States have revealed very different approaches to this matter and a lack of protection for journalistic sources in some situations This leads to fragmentation in the internal media market. As a result, journalists, which work increasingly on cross-border projects and provide their services to cross- border audiences, and by extension providers of media services, are likely to face barriers, legal uncertainty and uneven conditions of competition. Therefore, the protection of journalistic sources and communications needs harmonisation and further strengthening at Union level, without weakening the current protection in any Member State. Journalists working on cross-border projects should benefit from the highest protection standards of the Member States involved. The protection of journalistic sources and communications should correspond, as minimum, to the protection as provided in accordance with international and European standards as well as the case law from the CJEU and the ECtHR.
Amendment 180 #
Proposal for a regulation
Recital 10
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 of more than 1 million inhabitants. 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 suddenunforeseen, major incidents that can cause harm to individualsignificant portions of the population. Such emergency messages should not be exempted from transparency obligations.
Amendment 181 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Digital safety and the confidentiality of electronic communications have become a major concern for journalists. In light of this, the promotion and protection of anonymisation tools and end-to-end encrypted services used by media service providers and their employees needs to be encouraged at European level to ensure an equal level of access to such equipment across all Member States. These tools have become vital for journalists to freely exercise their work and their rights to privacy, data protection and freedom of expression including by securing their communications and protecting the confidentiality of their sources.
Amendment 183 #
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to quality information and impartialndependent media coverage, as part of their missionremit. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, 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 missionremit 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 missionremit of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States 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 187 #
Proposal for a regulation
Recital 19
Recital 19
(19) It is crucial for the recipients of media services to know with certainty who owns and is behind the news media so that they can identify and understand potential conflicts of interest which is a prerequisite for forming well-informed opinions and consequently to actively participate in a democracy. Such transparency is also an effective tool to limit risks of interference with editorial independence. It is thus necessary to introduce common information requirements for all relevant media service providers across the Union that should include proportionate requirements to disclose ownership information, including the information on their parent and sister companies and details, if applicable, of their contracts with state bodies. In this context, the measures taken by Member States under Article 30(9) of Directive (EU) 2015/84949should not be affected. The required information should be disclosed by the relevant providers on their websites or other medium that is easily and directly accessible. _________________ 49 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73-117).
Amendment 190 #
Proposal for a regulation
Recital 18
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to quality information and impartialndependent media coverage, as part of their missionremit. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, 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 missionremit 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 missionremit of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States 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 190 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Transparency of media ownership is a fundament to monitor and understand the 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 196 #
Proposal for a regulation
Recital 19
Recital 19
(19) It is crucial for the recipients of media services to know with certainty who owns and is behind the news media so that they can identify and understand potential conflicts of interest which is a prerequisite for forming well-informed opinions and consequently to actively participate in a democracy. Such transparency is also an effective tool to limit risks of interference with editorial independence. It is thus necessary to introduce common information requirements for all relevant media service providers across the Union that should include proportionate requirements to disclose ownership information, including the information on their parent and sister companies and details, if applicable, of their contracts with state bodies. . In this context, the measures taken by Member States under Article 30(9) of Directive (EU) 2015/84949should not be affected. The required information should be disclosed by the relevant providers on their websites or other medium that is easily and directly accessible. _________________ 49 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73-117).
Amendment 196 #
Proposal for a regulation
Recital 21
Recital 21
(21) To mitigate regulatory burdens, micro enterprises within the meaning of Article 3 of Directive 2013/34/EU of the European Parliament and of the Council50should be exempted from thsomerequirements related to information and internal safeguards with a view to guaranteeing the independon transparencey of individual editorial decisionsmedia ownership. Moreover, media service providers should be free to tailor the internal safeguards to their needs, in particular if they are small and medium- sizedmicroenterprises within the meaning of thatArticle 3 of Directive 2013/34/EU. The Recommendation that accompanies this Regulation51provides a catalogue of voluntary internal safeguards that can be adopted within media companies in this regard. The present Regulation should not be construed to the effect of depriving the owners of private media service providers of their prerogative to set strategic or general goals and to foster the growth and financial viability of their undertakings. In this respect, this Regulation recognises that the goal of fostering editorial independence needs to be reconciled with the legitimate rights and interests of private media owners. _________________ 50 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19-76). 51 OJ C , , p. .
Amendment 199 #
Proposal for a regulation
Recital 22
Recital 22
(22) Independent national regulatory authorities or bodies are key for media pluralism and media freedom and 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. They are the primary enforcers and guardians of media freedom and pluralism at the national level. As independent regulatory authorities, they should be able to set their own priorities guided by the general interest of safeguarding media pluralism and freedom and decide independently about the allocation of their resources. Their decisions should respect the European Charter of Fundamental Rights, in particular Article 11 thereof. 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 200 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Transparency of media ownership is a fundament to monitor and understand the 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 202 #
Proposal for a regulation
Recital 23
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, in agreement with the Commission, experts and observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 202 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Given the importance and the extensive nature of the new tasks conferred by this Regulation to independent national regulatory authorities or bodies, directly or indirectly, it is of utmost importance to ensure that the financial, human and technical resources of the national regulatory authorities or bodies are adequately and sufficiently increased. In this sense, Member States could make use of national resources coming from the auctioning of the spectrum, the digital dividend or the introduction of a levy on regulated entities. Member States should also provide the Commission with all relevant information concerning the increase of financial, human and technical resources. Moreover, within the framework of the applicable public function, and budgetary regulations, the NRA should have full authority over the recruitment and management of the staff, who should be hired under clear and transparent rules. The capacity over the management of the staff should include autonomy to decide the required profile, qualification, expertise, and other human resources features, including salary and retribution, with independence from other public bodies. The NRA should also have full autonomy and decision-making control in terms of management of internal structure, organisation, and procedures for the effective performance of their duties and the effective exercise of their powers. Without prejudice to national budgetary rules and procedures, NRAs should have allocated a separated annual budget. Member states should ensure that national authorities are granted full autonomy in the spending of the allocated budget for the purpose of carrying out their duties. Any control on the budget of the NRAs should be exercised in a transparent manner. Annual accounts of regulatory Authorities should have an ex post control by an independent auditor, and should be made public.
Amendment 205 #
Proposal for a regulation
Recital 23
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. T as observers. In agreement with the Commision, the Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particulardesignate as observers also regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. The Board should also have the possibility to invite to attend its meetings experts, civil society organisations and representatives of media service providers. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 208 #
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions ion agreement with the Commissionits own initiative or upon itsa request from the Commission in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 210 #
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions in agreement with the Commission or upon its requeson its own initiative or upon a request from the Commission or the European Parliament in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks. The Board should have the expertise and resources necessary to provide its opinion in cases where it finds that media freedom and pluralism, or editorial independence are systematically undermined in a Member State either by national measures of the respective Member State or decisions of its National Regulatory Authority or body, or due to other reasons. In its opinions the Board should take due account of various sources of information, in particular the decisions of the respective National Regulatory Authority or body, submissions by civil society organisations and other available sources including the results of the Media Pluralism Monitor.
Amendment 211 #
Proposal for a regulation
Recital 28
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, guidelines by the Commission would be important to achieve legal certainty in this field. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 211 #
Proposal for a regulation
Recital 21
Recital 21
(21) To mitigate regulatory burdens, micro enterprises within the meaning of Article 3 of Directive 2013/34/EU of the European Parliament and of the Council50should be exempted from thsomerequirements related to information and internal safeguards with a view to guaranteeing the independon transparencey of individual editorial decisionsmedia ownership. Moreover, media service providers should be free to tailor the internal safeguards to their needs, in particular if they are small and medium- sizedmicroenterprises within the meaning of thatArticle 3 of Directive 2013/EU. The Recommendation that accompanies this Regulation51provides a catalogue of voluntary internal safeguards that can be adopted within media companies in this regard. The present Regulation should not be construed to the effect of depriving the owners of private media service providers of their prerogative to set strategic or general goals and to foster the growth and financial viability of their undertakings. In this respect, this Regulation recognises that the goal of fostering editorial independence needs to be reconciled with the legitimate rights and interests of private media owners. _________________ 50 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19-76). 51 OJ C , , p. .
Amendment 214 #
Proposal for a regulation
Recital 28 a (new)
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)
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 22
Recital 22
(22) Independent national regulatory authorities or bodies are key for media pluralism and media freedom and 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. They are the primary enforcers and guardians of media freedom and pluralism at the national level. As independent regulatory authorities, they should be able to set their own priorities guided by the general interest of safeguarding media pluralism and freedom and decide independently about the allocation of their resources. Their decisions should respect the European Charter of Fundamental Rights, in particular Article 11 thereof. 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 217 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Given the importance and the extensive nature of the new tasks conferred by this Regulation to independent national regulatory authorities or bodies, directly or indirectly, it is of utmost importance to ensure that the financial, human and technical resources of the national regulatory authorities or bodies are adequately and sufficiently increased. In this sense, Member States could make use of national resources coming from the auctioning of the spectrum, the digital dividend or the introduction of a levy on regulated entities. Member States should also provide the Commission with all relevant information concerning the increase of financial, human and technical resources. Moreover, within the framework of the applicable public function, and budgetary regulations, the NRA should have full authority over the recruitment and management of the staff, who should be hired under clear and transparent rules. The capacity over the management of the staff should include autonomy to decide the required profile, qualification, expertise, and other human resources features, including salary and retribution, with independence from other public bodies. The NRA should also have full autonomy and decision-making control in terms of management of internal structure, organisation, and procedures for the effective performance of their duties and the effective exercise of their powers. Without prejudice to national budgetary rules and procedures, NRAs should have allocated a separated annual budget. Member states should ensure that national authorities are granted full autonomy in the spending of the allocated budget for the purpose of carrying out their duties. Any control on the budget of the NRAs should be exercised in a transparent manner. Annual accounts of regulatory Authorities should have an ex post control by an independent auditor, and should be made public.
Amendment 222 #
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regardingn effective application of 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 in this field. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 223 #
Proposal for a regulation
Recital 23
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. T as observers. In agreement with the Commission, the Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particulardesignate as observers also regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. The Board should also have the possibility to invite to attend its meetings, experts, civil society organisations and representatives of media service providers. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
Amendment 226 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Minimum harmonisations of rules regarding restrictions on media ownership across the European 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. For this purpose, certain politically exposed persons, as defined in Article 3 of Directive (EU) 2015/849, such as heads of State, heads of government, ministers, deputy or assistant ministers, members of parliament or of similar legislative bodies, should after being appointed as such terminate their business relations with a media service provide.
Amendment 229 #
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory orequirements and self- regulatory requirecommitments 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 proviuploaded by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54 . To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effectwithout undue delay and without prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]. __________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 231 #
Proposal for a regulation
Recital 32
Recital 32
(32) It is furthermore justified, in view of an expected positive impact on freedom to provide services and freedom of expression, that where media service providers adhere to certain regulatory or self-regulatory standards, their complaints against decisions of providers of very large online platformcomplaints against unjustified removals of content made by representative bodies of media service providers are treated with priority and without undue delay, in accordance with Regulation (EU) 2022/2065 .
Amendment 231 #
Proposal for a regulation
Recital 30
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside the EU but under jurisdiction of an EU Member State through the Directive 2010/13/EU satellite criteria or established in the EU) irrespective of the means of distribution or access, that target or reach 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 coordinperation between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 233 #
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine- readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
Amendment 234 #
Proposal for a regulation
Recital 30 a (new)
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 236 #
Proposal for a regulation
Recital 35
Recital 35
(35) Providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency and that consider that restrictions on their content are frequently imposed by providers of , where audits undertaken pursuant to Regulation (EU) 2022/2065 demonstrate that a VLOP’s content moderation practices is negativerly large online platforms without sufficient groundsimpacting freedom and pluralism of the media, in order to find an amicable solution for terminating any unjustified restrictions and avoiding them in the future. Providers of very large online platforms should engage in such exchanges in good faith, paying particular attention to safeguarding media freedom and freedom of information.
Amendment 237 #
Proposal for a regulation
Recital 30 b (new)
Recital 30 b (new)
(30b) 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 in line with international and European standards, 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 238 #
Proposal for a regulation
Recital 36
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 tocompliance with 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/XXX [Digital Services Act] and may ask the Board to support it to this effect.
Amendment 242 #
Proposal for a regulation
Recital 30 c (new)
Recital 30 c (new)
(30c) 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.
Amendment 243 #
Proposal for a regulation
Recital 37 a (new)
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 246 #
Proposal for a regulation
Recital 28
Recital 28
(28) Ensuring a consistent regulatory practice regardingn effective application of 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 in this field. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
Amendment 247 #
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory orequirements and self- regulatory requirecommitments 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 proviuploaded by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effectwithout undue delay andwithout prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]. _________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 249 #
Proposal for a regulation
Recital 32
Recital 32
(32) It is furthermore justified, in view of an expected positive impact on freedom to provide services and freedom of expression, that where media service providers adhere to certain regulatory or self-regulatory standards, their complaints against decisions of providers of very large online platformscomplaints against unjustified removals of content made by representative bodies of media service providers, are treated with priority and without undue delay, in accordance with Regulation (EU) 2022/2065.
Amendment 252 #
Proposal for a regulation
Recital 40
Recital 40
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure assessment of media market concentrations, affecting the media market, including existing concentrations at the time of entry into force of this Regulation, that could have a significant impact on media pluralism or editorial independence. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non-discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration.
Amendment 252 #
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable representative bodies of 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 may rely on information regarding adherence to these requirements, such as the machine- readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
Amendment 253 #
Proposal for a regulation
Recital 41
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 ofn media market concentrations on media pluralism and editorial independence of concentrations affecting the media market, including existing concentrations at the time of entry into force of this Regulation, where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 253 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Minimum harmonisations of rules regarding restrictions on media ownership across the European 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. For this purpose, certain politically exposed persons, as defined in Article 3 of Directive (EU) 2015/849, such as heads of State, heads of government, ministers, deputy or assistant ministers, members of parliament or of similar legislative bodies, should after being appointed as such terminate their business relations with a media service provide.
Amendment 255 #
Proposal for a regulation
Recital 41 a (new)
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 255 #
Proposal for a regulation
Recital 35
Recital 35
(35) Providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency and that consider that restrictions on their content are frequently imposed by providers of where audits undertaken pursuant to Article 37 of Regulation (EU) 2022/2065 demonstrate that a VLOP’s content moderation practices are negativerly large online platforms without sufficient groundsimpacting freedom and pluralism of the media, in order to find an amicable solution for terminating any unjustified restrictions and avoiding them in the future. Providers of very large online platforms should engage in such exchanges in good faith, paying particular attention to safeguarding media freedom and freedom of information.
Amendment 258 #
Proposal for a regulation
Recital 36
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 tocompliance with 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/XXX [Digital Services Act] and may ask the Board to support it to this effect.
Amendment 260 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The freedom of the recipients of media services to effectively choose the content they want to access is also 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 2022/2065 the [DSA- Recital 70 among others], ‘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 to. 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 262 #
Proposal for a regulation
Recital 30
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside the EU but under jurisdiction of an EU Member State through the Directive 2010/13/EU satellite criteria or established in the EU) irrespective of the means of distribution or access, that target or reach 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 coordinperation between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
Amendment 264 #
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37b) Recipients of media services increasingly face difficulties in identifying who bears the editorial responsibility for the content or services they consume, in particular when they access media services through connected devices or online platforms. Failure to clearly indicate editorial responsibility for media content or services (e.g., through incorrect attribution of logos, trademarks, or other characteristic traits) deprives recipients of media services of the possibility to understand and assess the information they receive, which is a prerequisite for forming well-informed opinions and consequently to actively participate in democracy. Recipients of media services should therefore be enabled to easily identify the media service provider bearing the editorial responsibility over any given media service on all devices and user interfaces controlling or managing access to and use of media services.
Amendment 266 #
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operation of media service providers in the internal market. They includemedia pluralism and editorial indpendence by restricting the possibility of media service providers in the internal market to provide access to a plurality of views and to reliable sources of information. Such measures can take various forms, 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, or 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, transparency, non- discrimination and proportionality.
Amendment 268 #
Proposal for a regulation
Recital 30 a (new)
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 270 #
Proposal for a regulation
Recital 30 b (new)
Recital 30 b (new)
(30b) 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 in line with international and European standards, 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 271 #
Proposal for a regulation
Recital 39
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on its own initiative or at 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.
Amendment 273 #
Proposal for a regulation
Recital 30 c (new)
Recital 30 c (new)
(30c) 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.
Amendment 274 #
Proposal for a regulation
Recital 40
Recital 40
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure ex-ante and ex-post quality assessments of media market concentrations affecting the media market that could have a significant impact on media pluralism or editorial independence, including existing concentrations at the time of entry into force of this Regulation. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non-discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration. Taking such measures is essential, in order to guarantee access, competition and quality and avoid conflicts of interests between media ownership concentration and political power, which are detrimental to free competition, a level playing field and pluralism. A detailed assessment of such media market concentrations capable of distorting media pluralism and competition should always be made by the competent national regulatory authorities or other bodies without any political interference.
Amendment 276 #
Proposal for a regulation
Recital 41
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 of media market concentrationsconcentrations affecting the media market that could have an impact on media pluralism and editorial independence, including existing concentrations at the time of entry into force of this Regulation, where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 278 #
Proposal for a regulation
Recital 41 a (new)
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 279 #
Proposal for a regulation
Recital 42
Recital 42
(42) When a media market concentration constitutes a concentration falling within the scope of Council Regulation (EC) No 139/200455, the application of this Regulation or of any rules and procedures adopted by Member States on the basis of this Regulation should not affect the application of Article 21(4) of Regulation (EC) No 139/2004. Any measures taken by the designated or involved national regulatory authorities or bodies based on their assessments of the impact of media marketconcentrations concentrations affecting the media market that could have an impacton media pluralism and editorial independence should therefore be aimed at protecting legitimate interests within the meaning of Article 21(4), third subparagraph, of Regulation (EC) No 139/2004, and should be in line with the general principles and other provisions of Union law. _________________ 55 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1-22).
Amendment 280 #
Proposal for a regulation
Recital 43
Recital 43
(43) The Board should be empowered to provide opinions on draft decisions or opinions by the designated or involved national regulatory authorities or bodies, where the notifiableat its own initiative, or upon request, and conduct assessments of concentrations may affect the functioning of the internal media market. This would be the case, for example, where such concentrations involve at least one undertaking established in another Member State or operating in more than one Member State or result in media service providers having a significant influence on formation of public opinion in a given media market. Moreover, that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation. Democratic processes across the EU are rooted in national media markets, whereas national democratic processes spill over to EU level governance. Accordingly, it is necessary to have appropriate measures to enforce and protect democratic processes both at national and EU level. Moreover, the Board should provide an assessment where the concentration has not been assessed for its impact on media pluralism and editorial independence by the relevant national authorities or bodies, or where the national regulatory authorities or bodies have not consulted the Board regarding a given media market concentration, but that media market concentration is considered likely to affect the functioning of the internal market for media services, the Board should be able to provide an opinion, upon request of the Commissionor where the National Competition Authorities do not impose proportionate remedies for concentrations distorting competitions. The Commission must respond to the reasoned call of the Board. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 283 #
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory orequirements and self- regulatory requirecommitments 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 proviuploaded by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effectwithout undue delay andwithout prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]. _________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 284 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether undertakings which are part of a media market concentration haves systematically infringed the obligations laid down in this Regulation and that there is a clear risk of seriously undermining the independence, plurality and freedom of the media. Such assessment should be based on media market investigations to be carried out in an appropriate timeframe. In order to maintain or restore the independence, plurality and freedom of media as affected by the systematic non-compliance from undertakings which are part of a media market concentration, the Commission should have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. In this context, the Commission should have the power to prohibit, to the extent that such remedy is proportionate and necessary and during a limited period, that the undertakings part of the media market concentration under investigation remain or enter into further media market concentration. The power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of imposing remedies which are proportionate and necessary to ensure effective compliance with this Regulation and the protection of media freedom, pluralism and independence.
Amendment 285 #
Proposal for a regulation
Recital 44
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria as well as the criteria that should take precedence or prevail in case of conflicts. 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. Furthermore, the results of the annual Commission Rule of Law report presented in the chapters on press freedom as well as the risk assessment made annually by instruments such as the Media Pluralism Monitor should be considered in determining the overall climate for media and the effects of the concentration in question over media pluralism and editorial independence, under these specific conditions. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market.
Amendment 288 #
Proposal for a regulation
Recital 32
Recital 32
(32) It is furthermore justified, in view of an expected positive impact on freedom to provide services and freedom of expression, that where media service providers adhere to certain regulatory or self-regulatory standards, their complaints against decisions ofcomplaints against unjustified removals of content made by representative bodies of media service providers of very large online platformstreated are treated with priority and without undue delay, in accordance with Regulation (EU) 2022/2065.
Amendment 289 #
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production, buying, planning or selling 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, which should be in compliance with EU data protection and privacy rules. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
Amendment 291 #
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable representative bodies of 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 may rely on information regarding adherence to these requirements, such as the machine- readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
Amendment 293 #
Proposal for a regulation
Recital 46
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. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation) as well as to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX1925 [Digital Markets Act], including those concerning ranking or self- preferencing.
Amendment 296 #
Proposal for a regulation
Recital 47
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, together with media service providers and/or their representatives, civil society organisations and other relevant stakeholders 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 development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providersmentioned above, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
Amendment 299 #
Proposal for a regulation
Recital 35
Recital 35
(35) Providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency and that consider that restrictions on their content are frequently imposed by providers of , where audits undertaken pursuant to 37 of Regulation (EU) 2022/2065 demonstrate that a VLOP’s content moderation practices is negativerly large online platforms without sufficient groundsimpacting freedom and pluralism of the media, in order to find an amicable solution for terminating any unjustified restrictions and avoiding them in the future. Providers of very large online platforms should engage in such exchanges in good faith, paying particular attention to safeguarding media freedom and freedom of information.
Amendment 300 #
Proposal for a regulation
Recital 48
Recital 48
(48) State advertising isand other state financial support are an important source of revenue for many media service providers, and contributinge 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 advertisingMoreover, State advertising and other state financial support may make media service providers vulnerable to undue state influence to the detriment of the freedom to provide services and fundamental rights. Opaque and biased allocation of state advertising and other state financial support is therefore a powerful tool to exert influence or ‘capture’ media service providers. The distribution and transparency of state advertising and other state financial support are in some regards regulated through a fragmented framework of media- specific measures and general public procurement laws, which, however, may not cover all state advertising expenditure nor do not offer sufficient protection against preferential or biased distribution. In particular, Directive 2014/24/EU of the European Parliament and of the Council56does not apply to public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services. Media-specific rules on state advertising or other state financial support, where they exist, diverge significantly from one Member State to another. _________________ 56 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65-242).
Amendment 302 #
Proposal for a regulation
Recital 49
Recital 49
(49) Providers of online platforms are increasingly competing with media service providers for the purpose of state advertising and other financial support. In order to ensure undistorted competition between media service providers and providers of online platforms and to avoid the risk of covert subsidies and of undue political influence on the media, it is necessary to establish common requirementand on online platforms, it is of particular importance that fair and transparent rules on the criteria for the allocation of state financial support and state advertising are in place, as well as them being effectively implemented. These criteria should follow principles of transparency, objectivity, proportionality and non- discrimination in the allocation of state advertising and of state resources to media service providers and of providers of online platforms for the purpose of purchasing goods or services from them other than state advertising, including the requirement to publish information on the beneficiaries of state advertising expenditure and the amounts spent. It is important that Member States make the necessary information related to state advertising. It is important that Member States make the necessary information, including beneficiaries and amounts spent, related to state advertising and other state financial support publicly accessible in an electronic format that is easy to view, access and download, in compliance with Union and national rules on commercial confidentiality. This Regulation shall not affect the application of the State aid rules, which are applied on a case-by-case basis.
Amendment 303 #
Proposal for a regulation
Recital 36
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 tocompliance with 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/XXX [Digital Services Act] and may ask the Board to support it to this effect.
Amendment 305 #
Proposal for a regulation
Recital 50
Recital 50
(50) Risks to the functioning and resilience of the internal media market should be regularly monitored as part of the efforts to improve the functioning of the internal market for media services. Such monitoring should aim at providing detailed data and qualitative assessments on the resilience of the internal market for media services, including as regards the degree of concentration of the market also at national and regional level and risks of foreign information manipulation and interference. It should be conducted independently, on the basis of a robust list of key performance indicators, developed and regularly updated by the Commission, in consultation with the Board. Given the rapidly evolving nature of risks and technological developments in the internal media market, the monitoring should include forward-looking exercises such as stress tests to assess the prospective resilience of the internal media market, to alert about vulnerabilities around media pluralism and editorial independence, and to help efforts to improve governance, data quality and risk management. In particular, the level of cross-border activity and investment, regulatory cooperation and convergence in media regulation, obstacles to the provision of media services, including in a digital environment, as well as transparency and fairness of allocation of economic resources in the internal media market should be covered by the monitoring. It should also consider broader trends in the internal media market and national media markets as well as national legislation affecting media service providers. In addition, the monitoring should provide an overview of measures taken by media service providers with a view to guaranteeing the independence of individual editorial decisions, including those proposed in the accompanying Recommendation. In order to ensure the highest standards of such monitoring, the Board, as it gathers entities with a specialised media market expertise, should be duly involved.
Amendment 306 #
Proposal for a regulation
Recital 51
Recital 51
(51) The Commission should be able to take the necessary actions to monitor the effective implementation of and compliance with the obligations laid down in this Regulation. To prepare the ground for a correct implementation of this Regulation, its provisions concerning independent media authorities, the Board and the required amendments to Directive 2010/13/EU (Articles 7 to 12 and 27 of this Regulation) should apply 3 months after the entry into force of the Act, while all other provisions of this Regulation will apply 6 months after the entry into force of this Regulation. In particular, this is needed to ensure that the Board will be established in time to ensure a successful implementation of the Regulation.
Amendment 311 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The freedom of the recipients of media services to effectively choose the content they want to access is also 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 2022/2065 the [DSA- Recital 70 among others], ‘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 to. 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 312 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II and Section 5 of Chapter III and Article 24, provided that those rules comply with Union law.
Amendment 314 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service provider and/or a concentration with an impact on pluralism in a national or in the EU market;
Amendment 315 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means a natural or legal person, including natural persons in non-standard forms of employment, such as free-lancing and independent journalism, whose professional activity is to provide a media service and who has editorial responsibility for the choice of the content of the media service and determines the manner in which it is organised;
Amendment 318 #
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37b) Recipients of media services increasingly face difficulties in identifying who bears the editorial responsibility for the content or services they consume, in particular when they access media services through connected devices or online platforms. Failure to clearly indicate editorial responsibility for media content or services (e.g., through incorrect attribution of logos, trademarks, or other characteristic traits) deprives recipients of media services of the possibility to understand and assess the information they receive, which is a prerequisite for forming well-informed opinions and consequently to actively participate in democracy. Recipients of media services should therefore be enabled to easily identify the media service provider bearing the editorial responsibility over any given media service on all devices and user interfaces controlling or managing access to and use of media services.
Amendment 321 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘editorial decision’ means a decision taken on a regular basis for the purpose of exercising editorial responsibility and linked to the day-to-day operation of a media service provider;
Amendment 322 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any national or regional public authority, such aspublic authority at Union, national or regional level, such as the Commission and its agencies, national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level, or any local government of a territorial entity of more than 1 million inhabitants;
Amendment 323 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Amendment 324 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or press publications, and other media content, 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 325 #
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operation of media service providers in the internal market. They include, for example,media pluralism and editorial independence by restricting the possibility of media service providers in the internal market to provide access to a plurality of views and to reliable sources of information. Such measures can take various forms such as 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, transparency, non- discrimination and proportionality.
Amendment 327 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘provider of online platform’ means a hosting service as defined in article 3 (I) in the of Regulation (EU) 2022/2065
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service providerparty in the media value chain;
Amendment 334 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and users of providers of online platforms for the purposes of decisions regarding advertising allocation or prices or the related buying, planning, production, selling or distribution of content;
Amendment 336 #
Proposal for a regulation
Recital 39
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on its own initiative or at 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.
Amendment 339 #
(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 ex-ante and ex-post quality assessment of media market concentrations affecting the media market that could have a significant impact on media pluralism or editorial independence, including existing concentrations at the time of entry into force of this Regulation. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non-discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration. Taking such measures is essential, in order to guarantee access, competition and quality and avoid conflicts of interests between media ownership concentration and political power, which are detrimental to free competition, a level playing field and pluralism. A detailed assessment of such media market concentrations capable of distorting media pluralism and competition should always be made by the competent national regulatory authorities or other bodies without any political interference.
Amendment 341 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of ar promotional or self-vider of online platform, of a promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any Union, national or, regional or local public authority, such as the Commission and its agencies, national, federal or, regional and local governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or, regional level, or any local government of a territorial entity of more than 1 million inhabitantsor local level;
Amendment 343 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elements that enables the covert surveillance of natural or legal persurveillance technologies' means any electronic, mechanical, or other surveillance device that enables the acquisition of informations by monitoring, extracting, collecting or analysing data from such products or from the natural or legal persons using such products, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user devicesof any information and communication technology, without the natural or legal person concerned being made aware in a specific manner and having given their express specific, free and informed consent in that regard;
Amendment 344 #
Proposal for a regulation
Recital 41
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 of media market concentrations on media pluralism and editorial independenceconcentrations affecting the media market that could have an impact on media pluralism and editorial independence, including existing concentrations at the time of entry into force of this Regulation, where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 345 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shall provide in an impartialndependent manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
Amendment 348 #
Proposal for a regulation
Recital 41 a (new)
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 350 #
Proposal for a regulation
Recital 42
Recital 42
(42) When a media market concentration constitutes a concentration falling within the scope of Council Regulation (EC) No 139/200455, the application of this Regulation or of any rules and procedures adopted by Member States on the basis of this Regulation should not affect the application of Article 21(4) of Regulation (EC) No 139/2004. Any measures taken by the designated or involved national regulatory authorities or bodies based on their assessments of the impact of media marketconcentrations concentrations affecting the media market that could have an impacton media pluralism and editorial independence should therefore be aimed at protecting legitimate interests within the meaning of Article 21(4), third subparagraph, of Regulation (EC) No 139/2004, and should be in line with the general principles and other provisions of Union law. _________________ 55 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1-22).
Amendment 352 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 352 #
Proposal for a regulation
Recital 43
Recital 43
(43) The Board should be empowered to provide opinions on draft decisions or opinions by the designated or involved national regulatory authorities or bodies, where the notifiableand, at its own initiative or upon request, conduct assessments of concentrations may affect the functioning of the internal media market. This would be the case, for example, where such concentrations involve at least one undertaking established in another Member State or that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation. Democratic processes across the EU are rooted in national media markets, whereas national democratic processes spill opverating in more than one Member State or result in media service providers having a significant influence on formation of public opinion to EU level governance. As a consequence, concentrations that are purely national could have a significant impact on media pluralism at the EU level. Accordingly, in order to achieve the objectives of this Regulation, it is necessary to have appropriate measures to assess the national and cross-border concentrations aiming a given media market. Moreover,t enforcing and protecting democratic processes both at national and EU level. Moreover, the Board should provide an assessment where the concentration has not been assessed for its impact on media pluralism and editorial independence by the relevant national authorities or bodies, or where the national regulatory authorities or bodies have not consulted the Board regarding a given media market concentration, but that media market concentration is considered likely to affect the functioning of the internal market for media services, the Board should be able to provide an opinion, upon request of the Commission or where the National Competition Autohrities do not impose proportionate remedies for concentrations distorting competitions. The Commission must respond to the reasoned call of the Board. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 353 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point a
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 354 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
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 servicesshall make, in line with accessibility requirements, easily and publically available the following up-to-date information:
Amendment 355 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point h
Article 2 – paragraph 1 – point 17 – point h
Amendment 356 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
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 356 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether undertakings which are part of a media market concentration hasve systematically infringed the obligations laid down in this Regulation and that there is a clear risk of seriously undermining the independence, plurality and freedom of the media. Such assessment should be based on media market investigations to be carried out in an appropriate timeframe. In order to maintain or restore the independence, plurality and freedom of media as affected by the systematic non-compliance from undertakings which are part of a media market concentration, the Commission should have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. In this context, the Commission should have the power to prohibit, to the extent that such remedy is proportionate and necessary and during a limited period, that the undertakings part of the media market concentration under investigation remain or enter into a further media market concentration. The power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of imposing remedies which are proportionate and necessary to ensure effective compliance with this Regulation and the protection of media freedom, pluralism and independence.
Amendment 357 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Rights of recipients of media services to receive and impart information
Amendment 358 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
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
Recital 44
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria as well as the criteria should take precedence or prevail in case of conflicts. 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. Furthermore, the results of the annual Commission Rule of Law report presented in the chapters on press freedom as well as the risk assessment made annually by instruments such as the Media Pluralism Monitor should be considered in determining the overall climate for media and the effects of the concentration in question over media pluralism and editorial independence, under these specific conditions. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market.
Amendment 359 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 361 #
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
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)
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 364 #
Proposal for a regulation
Article 6 – paragraph 1 c (new)
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 364 #
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production, buying, planning or selling 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, which should be in compliance with EU data protection and privacy rules. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
Amendment 365 #
Proposal for a regulation
Article 6 – paragraph 1 d (new)
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)
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 373 #
Proposal for a regulation
Recital 46
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. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation) as well as any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX [Digital Markets Act]1925, including those concerning ranking or self- preferencing.
Amendment 376 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
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
Recital 47
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, together with media service providers and/or their representatives, civil society organisations and other relevant stakeholders 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 development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providersmentiones above, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
Amendment 380 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers or their employees or, if applicable, their family members, or any otheir employees or their family members, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest,subject belonging to their professional or private network of relationships, their sources, or their corporate and private premises, unless the following cumulative conditions are fulfilled: (i) the interference is justified for the prevention, investigation or prosecution of a serious criminal offence listed in Article 2(17) of this Regulation; and (ii) the interference is, ex ante, ordered exclusively by an independent and impartial judicial authority with effective remedial measures. To this end, a prior review is carried out on a case by-case basis by an independent and impartial court delivering a duly reasoned decision based on a fair balance between the interests of enforcing criminal law and the fundamental rights affected by the measure, including in case of disclosure of journalistic sources; and (iii) the measure is provided for by law in accordance with Article 52(1) of the Charter and in compliance with other Union law, and is proportionate in respect to the legitimate aim pursued; and (iv) the defence rights and the right to access to effective legal remedies are ensured in accordance with Article 52(1)47 of the Charter and in compliance with other Union law;.
Amendment 383 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The obligations under this Articleparagraph 1 point d, e, f shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 384 #
Proposal for a regulation
Article 6 a (new)
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 384 #
Proposal for a regulation
Recital 48
Recital 48
(48) State advertising isand other state financial support are an important source of revenue for many media service providers, and contributinge 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 advertisingMoreover, State advertising and other state financial support may make media service providers vulnerable to undue state influence to the detriment of the freedom to provide services and fundamental rights. Opaque and biased allocation of state advertising and other state financial support is therefore a powerful tool to exert influence or ‘capture’ media service providers. The distribution and transparency of state advertising and other state financial support are in some regards regulated through a fragmented framework of media- specific measures and general public procurement laws, which, however, may not cover all state advertising expenditure nor do not offer sufficient protection against preferential or biased distribution. In particular, Directive 2014/24/EU of the European Parliament and of the Council56does not apply to public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services. Media-specific rules on state advertising or other state financial support, where they exist, diverge significantly from one Member State to another. _________________ 56 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65-242).
Amendment 386 #
Proposal for a regulation
Recital 49
Recital 49
(49) Providers of online platforms are increasingly competing with media service providers for the purpose of state advertising and other financial support. In order to ensure undistorted competition between media service providers and with providers of online platforms and to avoid the risk of covert subsidies and of undue political influence on the media, it is necessary to establish common requirement and on online platforms, it is of particular importance that fair and transparent rules on the criteria for the allocation of state financial support and state advertising are in place, as well as their being effectively implemented. These criteria should follow principles of transparency, objectivity, proportionality and non- discrimination in the allocation of state advertising and of state resources to media service providers and of providers of online platforms for the purpose of purchasing goods or services from them other than state advertising, including the requirement to publish information on the beneficiaries of state advertising expenditure and the amounts spent. It is important that Member States make the necessary information related to state advertising. It is important that Member States make the necessary information, including beneficiaries and amounts spent related to state advertising and other state financial support publicly accessible in an electronic format that is easy to view, access and download, in compliance with Union and national rules on commercial confidentiality. This Regulation shall not affect the application of the State aid rules, which are applied on a case-by-case basis.
Amendment 391 #
Proposal for a regulation
Recital 50
Recital 50
(50) Risks to the functioning and resilience of the internal media market should be regularly monitored as part of the efforts to improve the functioning of the internal market for media services. Such monitoring should aim at providing detailed data and qualitative assessments on the resilience of the internal market for media services, including as regards the degree of concentration of the market also at national and regional level and risks of foreign information manipulation and interference. It should be conducted independently, on the basis of a robust list of key performance indicators, developed and regularly updated by the Commission, in consultation with the Board. Given the rapidly evolving nature of risks and technological developments in the internal media market, the monitoring should include forward-looking exercises such as stress tests to assess the prospective resilience of the internal media market, to alert about vulnerabilities around media pluralism and editorial independence, and to help efforts to improve governance, data quality and risk management. In particular, the level of cross-border activity and investment, regulatory cooperation and convergence in media regulation, obstacles to the provision of media services, including in a digital environment, as well as transparency and fairness of allocation of economic resources in the internal media market should be covered by the monitoring. It should also consider broader trends in the internal media market and national media markets as well as national legislation affecting media service providers. In addition, the monitoring should provide an overview of measures taken by media service providers with a view to guaranteeing the independence of individual editorial decisions, including those proposed in the accompanying Recommendation. In order to ensure the highest standards of such monitoring, the Board, as it gathers entities with a specialised media market expertise, should be duly involved.
Amendment 394 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spyware in any device or machine used byforce access to or perform any other hacking operations on any device or machine, or deploy surveillance technologies against media service providers or their employees or, if applicable, their family members, or their employees or any otheir family members, unless the deployment is justified, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain the information soughtsubject belonging to their professional or private network of relationships, or their sources, where that might lead to a violation of professional secrecy and legal professional privilege.
Amendment 395 #
Proposal for a regulation
Recital 51
Recital 51
(51) The Commission should be able to take the necessary actions to monitor the effective implementation of and compliance with the obligations laid down in this Regulation. To prepare the ground for a correct implementation of this Regulation, its provisions concerning independent media authorities, the Board and the required amendments to Directive 2010/13/EU (Articles 7 to 12 and 27 of this Regulation) should apply 3 months after the entry into force of the Act, while all other provisions of this Regulation will apply 6 months after the entry into force of this Regulation. In particular, this is needed to ensure that the Board will be established in time to ensure a successful implementation of the Regulation.
Amendment 401 #
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) Commission a third party to perform any of the measures under paragraphs (b) and (c).
Amendment 403 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure the promotion and protection of confidentiality of communications and of end-to-end encrypted services in particular in media service providers communications. The use of encrypted and anonymisation tools by media service providers and their employees shall be encouraged and shall not be considered a valid reason for suspicion for the adoption of measures pursuant to subparagraph (b) of paragraph 2 of this Article.
Amendment 408 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission , in particular in preparation of its work programme and main deliverables.
Amendment 408 #
Proposal for a regulation
Article 4 – paragraph 3
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, such as an ombudsperson, 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), (c) and (ca). 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), (c) and (ca).
Amendment 410 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
Amendment 414 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Breaches of the obligations set out under this Article shall constitute a breach of the principles of the rule of law, within the meaning of Article 3 of Regulation 2020/2092.
Amendment 416 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II and Section 5 of Chapter III, and Article 24 provided that those rules comply with Union law.
Amendment 420 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission.
Amendment 423 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shallMember States shall ensure that public service media providers are editorially independent and provide in an impartialndependent manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
Amendment 426 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The head of management and the members of the governing board of public service media providers, and all management positions, shall be appointed through a transparent, open and non-discriminatory procedure and on the basis of transparent, objective, gender-balanced, non- discriminatory and proportionate criteria that emphasises professional competence, political neutrality and commitment to public service journalism, laid down in advance by national law.
Amendment 431 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The duration of their term of office shall be established by national law, and be adequate and sufficient to ensure effective independence of the public media service provider. They may be dismissed before the end of their term of office onlyunder exceptionally circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties laid down in advance by national law or for specific reasons of illegal conduct or serious misconduct as defined in advance by national law.
Amendment 433 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘editorial decision’ means a decision taken on a regular basis for the purpose of exercising editorial responsibility and linked to the day-to-day operation of a media service provider;
Amendment 435 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or, press publications and other media content, 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 437 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation 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 440 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘provider of online platform’ means a hosting service as defined in article 3 (I) in the of Regulation (EU) 2022/2065
Amendment 440 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service missioremit and to meet the objectives therein. Those resources shall be such that editorial independence is safeguarded.
Amendment 441 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 443 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that the allocation of financial resources to the public service media providers is conducted through predictable, transparent, independent, impartial and non-discriminatory procedures and on the basis of transparent, objective and proportionate criteria laid down in advance by national law. Those procedures shall be such that editorial independence is safeguarded.
Amendment 445 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall designate one or more independent authorities or bodies in order to monitor compliance with paragraphs 1 to 3. Following findings related to non-compliance or partial compliance with this Article, the designated independent authorities or bodies shall make the findings available to the public.
Amendment 446 #
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 448 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 451 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service providerparty in the media value chain;
Amendment 453 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
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 servicesshall make, in line with the accessibility requirements and in an user-friendly manner, publicly available the following information:
Amendment 455 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and users of providers of online platforms for the purposes of decisions regarding advertising allocation or prices or the related buying, planning, production, selling or distribution of content;
Amendment 458 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) media market concentrations which are likely to affect the functioning of the internal market for media services, in accordance with Article 22(1) of this Regulation;
Amendment 460 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making, and where applicable its registered office, legal form and name(s) of legal representative, of their direct or indirect owner(s) with shareholdings of at least 15% of its capital;
Amendment 464 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the name(s) of their beneficial owners within the meaning of Article 32, paragraph 1, point 622 of Directive (EU) 2015/849Regulation (EU) XXXX/XXX [Anti-Money Laundering Regulation] of the European Parliament and of the Council.
Amendment 466 #
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
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)
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 467 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) 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 471 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of ar promotional or self-viders of online platform, of a promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any Union, national or, regional or local public authority, such as the Commission and its agencies, national, federal or, regional and local governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or, regional level, or any local government of a territorial entity of more than 1 million inhabitantsor local level ;
Amendment 472 #
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
(cb) 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 2, paragraph 1, points 25, 26 and 27 of Regulation (EU) XXXX/XXX [Anti- Money Laundering Regulation] in other media, other media enterprises and even in other economic sectors;
Amendment 474 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elementsurveillance technologies’ means any electronic, mechanical, or other surveillance device that enables the covert surveillance of natural or legal persacquisition of informations by monitoring, extracting, collecting or analysing data from such products or from the natural or legal persons using such products, in particular by secretly recording calls or otherwise using the microphone of an end-user device, filming natural persons, machines or their surroundings, copying messages, photographing, tracking browsing activity, tracking geolocation, collecting other sensor data or tracking activities across multiple end-user devicesof any information and communication technology, without the natural or legal person concerned being made aware in a specific manner and having given their express specific, free and informed consent in that regard ;
Amendment 477 #
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Article 6 – paragraph 1 – point c c (new)
(cc) state advertising and state financial support allocated to them;
Amendment 478 #
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
Article 6 – paragraph 1 – point c d (new)
(cd) details concerning the ownership structure related to their parent and sister companies, as well as their subsidiaries;
Amendment 480 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point a
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 481 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point h
Article 2 – paragraph 1 – point 17 – point h
Amendment 481 #
Proposal for a regulation
Article 6 – paragraph 1 – point c e (new)
Article 6 – paragraph 1 – point c e (new)
(ce) details of revenue from contracts with state bodies received by companies that belong to the same business grouping as the media service provider;
Amendment 482 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining a dedicated online media ownership databases, containing disaggregated data about different types of media, as defined in paragraph 1 of this Article, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 484 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Rights of recipients of media services to receive and impart information
Amendment 486 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. 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 487 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 489 #
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. National regulatory authorities or bodies shall submit data provided according to paragraph 3 to the European Database of Media Ownership on quarterly basis.
Amendment 493 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Without prejudice to national constitutional laws consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions. In particular, such measures shall aim to:
Amendment 495 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure the promotion and protection of confidentiality of communications and of end-to-end encrypted services in particular in media service providers communications. The use of encrypted and anonymisation tools by media service providers and their employees shall be encouraged and shall not be considered a valid reason for suspicion for the adoption of measures pursuant to subparagraph (b) of paragraph 2 of this Article.
Amendment 502 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that journalists and editors are free to take individual editorial decisions in the exercise of their professional activity; and
Amendment 507 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
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 510 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Develop self-regulatory instruments such as codes of conduct, in cooperation with professional associations or organisations of journalists, representatives of publishers and other stakeholders, establishing the principles of independence, reliability and freedom of information, as well as the roles, rights and obligations of the various actors involved in the information process.
Amendment 513 #
Proposal for a regulation
Article 4 – paragraph 3
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, such as an ombudsperson, 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).
Amendment 515 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Breaches of the obligations set out under this Article shall constitute a breach of the principles of the rule of law, within the meaning of Article 3 of Regulation 2020/2092.
Amendment 518 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The obligations under paragraph 1, points (ca), (cb) and (cc) of this Article, shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 519 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that:ensure that their content moderation processes have adequate and sufficient personnel, linguistic range and cultural sensitivity and context-specific training, to ensure that freedom and pluralism of the media is not undermined.
Amendment 522 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 524 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a Media Ownership Restrictions 1. Politically exposed persons, falling under point 25, paragraph 1, of Article 2 of Regulation (EU) XXXX/XXX [Anti- Money Laundering Regulation] shall not be beneficial owners, as defined within the meaning of Article 2, paragraph 1, point 22, of Regulationin (EU) XXXX/XXX [Anti-Money Laundering Regulation], 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 allows 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 525 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 525 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shallMember States shall ensure that public service media providers are editorially independent and provide in an impartialndependent manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
Amendment 527 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The head of management and the members of the governing board of public service media providers, and all management positions, shall be appointed through a transparent, open and non-discriminatory procedure and on the basis of transparent, objective, gender-balanced, non- discriminatory and proportionate criteria that emphasises professional competence, political neutrality and commitment to public service journalism, laid down in advance by national law.
Amendment 527 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the financial, human and technical resources of the national regulatory authorities or bodies havare adequate financial, human and technical resourcly and sufficiently sized and increased to allow the national regulatory authorities or bodies to carry out their tasks under this Regulation and the Directive 2010/13/EU. Member states shall guarantee the organisational and functional autonomy of the national regulatory authorities or bodies.
Amendment 528 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 532 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The duration of their term of office shall be established by national law, and be adequate and sufficient to ensure effective independence of the public media service provider. They may be dismissed before the end of their term of office onlyunder exceptionally circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties laid down in advance by national law or for specific reasons of illegal conduct or serious misconduct as defined in advance by national law.
Amendment 534 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure that the heads and members of national regulatory authorities and bodies are appointed through a transparent, open and non-discriminatory procedure and on the basis of objective, gender-balanced, clear, transparent and proportionate criteria laid down in advance by national law. They may be dismissed before the end of their term of office under exceptional circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties or serious misconduct as defined in advance by national law. Dismissal decisions shall be duly justified, subject to prior notification to the person concerned, and include the possibility for judicial review. The grounds for dismissal shall be made available to the public.
Amendment 537 #
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Member States shall ensure that the members of the national regulatory authorities or bodies and their governing bodies are independent of the government and market players, and that they act in full independence when performing their tasks or exercising their powers. National regulatory authorities or bodies and their governing bodies shall have full operational autonomy to manage their financial and human resources.
Amendment 538 #
Proposal for a regulation
Article 7 – paragraph 3 c (new)
Article 7 – paragraph 3 c (new)
3c. Members of the national regulatory authorities or bodies, their governing bodies and their management shall, in the performance of their tasks or the exercise of their powers, neither seek nor take instructions from the government, institution, person or body and fulfill their missions in an effective, independent and transparent manner. This shall not affect the competencies of the Board or the Commission in conformity with this Regulation.
Amendment 539 #
Proposal for a regulation
Article 7 – paragraph 3 d (new)
Article 7 – paragraph 3 d (new)
3d. 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 540 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service missioremit and to meet the objectives therein. Those resources shall be such that editorial independence is safeguarded.
Amendment 540 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Those powers shall be laid down in advance by national law and shall include in particular the power to request such persons to provide, within a reasonable time period, information 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 541 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that the allocation of financial resources to the public service media providers is conducted through predictable, transparent, independent, impartial and non-discriminatory procedures and on the basis of transparent, objective and proportionate criteria laid down in advance by national law. Those procedures shall be such that editorial independence is safeguarded.
Amendment 542 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online media ownership databases containing data as defined in paragraph 1 of Article 6, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 545 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall designate one or more independent authorities or bodies in order to monitor compliance with paragraphs 1 to 3. Following findings related to non-compliance or partial compliance with this Article, the designated independent authorities or bodies shall make the findings available to the public.
Amendment 545 #
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. National regulatory authorities or bodies shall organise consultations on matters covered by this Regulation with stakeholders such as civil society organisations, media experts, and representatives of the media services providers established in the Union. The results of these consultations shall be reflected in reports published annually.
Amendment 546 #
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
4c. National regulatory authorities or bodies shall submit data provided according to article 24 to the European Database of State financial support on quarterly basis, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National Regulatory authorities or bodies shall produce regular reports on the ownership of media services under their jurisdiction of a given Member State.
Amendment 548 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation toremove content, particularly content providosted by a media service provider that submitted a declaration pursuant to paragraph 1 of this Articleor linking to content under its editorial control, on the grounds that such content is incompatible with its terms and conditions, without that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX2065 [Digital Services Act], it shall take all possireasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX2065 [Digital Services Act], to communicate to the media service provider concernedentity that posted the content the statement of reasons accompanying that decision, as required by Article 4(1)17 of Regulation (EU) 2019/1150,22/2065 [Digital Services Act], if possible prior to the suspension taking effect.
Amendment 550 #
Proposal for a regulation
Article 6 – title
Article 6 – title
6 Duties of media service providers providing news and current affairs contentMedia ownership transparency
Amendment 552 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 553 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Structure and composition of the Board
Amendment 556 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 1186 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 and22/2065 [Digital Services Act] by representative bodies including those representing media service providers are decided upon without undue delay.
Amendment 557 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
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 servicesshall make, in line with the accessibility requirements and in an user-friendly manner, publicly available the following up-to-date information:
Amendment 558 #
Proposal for a regulation
Article 10 – paragraph 4
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 ithe Board's members with voting rights. The term of office of the Chair shall be two yearsof one year, renewable once. The Board's Rules of procedure shall specify the roles, the tasks and the procedures for the appointment of the members of the Steering Group.
Amendment 561 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board without voting rights. The representative of the Commission shall participate in all activities andthe meetings of the Board, without voting rights. The Chair of the Board shall keep the European Parliament and the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission, including the presentation of the report according to paragraph (m e) of Article 12 of this Regulation. The Board shall take into account the recommendations of the Commission and other interested parties in the media field, in preparation of its work programme and main deliverables.
Amendment 562 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider oftrends identified under Article 18 suggest that very large online platforms frequently restricts or suspends the provision of its services in relation to content providosted by thone or more media service provider(s) without sufficient grounds and in a manner that undermines media freedom and pluralism, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider(s), upon itstheir 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.
Amendment 565 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
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 567 #
Proposal for a regulation
Article 17 – paragraph 4 b (new)
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 567 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. The Board may designate permanent observers from amongst national regulatory authorities or bodies with competence in the media field, including those coming from non-EU countries which have entered into agreements with the Union to that effect. The observers shall not have voting rights.
Amendment 568 #
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content providosted 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 568 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the name(s) of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making, and where applicable its registered office, legal form and name(s) of legal representative of their direct or indirect owner(s) with shareholdings of at least 15% of its capital;
Amendment 572 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the name(s) of their beneficial owners within the meaning of Article 32, paragraph 1, point 622 of Directive (EU) 2015/849Regulation (EU) XXXX/XXX of the European Parliament and of the Council.
Amendment 574 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 576 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings where necessary.
Amendment 577 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Structured dialogueforum
Amendment 579 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogueforum 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 and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interferencein particular, to identify numbers and trends related to the subject matter, volume, and affected parties.
Amendment 579 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) 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 580 #
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
Amendment 581 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogueforum to the Commission.
Amendment 581 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission. The Board shall lay down, in its rules of procedure, the practical arrangements for the prevention and management of conflict of interests.
Amendment 582 #
Proposal for a regulation
Article 19 – title
Article 19 – title
Right of customisation of audiovisual media offer
Amendment 583 #
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Article 6 – paragraph 1 – point c c (new)
(cc) state advertising and state financial support allocated to them
Amendment 584 #
Proposal for a regulation
Article 19 – paragraph 1
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, including through the use of third party recommender systems, as defined in Article 3 of Regulation 2022/2065, in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
Amendment 584 #
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
Article 6 – paragraph 1 – point c d (new)
(cd) details concerning the ownership structure related to their parent and sister companies, as well as their subsidiaries
Amendment 586 #
Proposal for a regulation
Article 6 – paragraph 1 – point c e (new)
Article 6 – paragraph 1 – point c e (new)
Amendment 588 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining a dedicated online media ownership databases, containing disaggregated data about different types of media, as defined in paragraph 1 of this Article, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 592 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have abe supported by an independent secretariat, which shall be provided by the Commissionith sufficient budgetary and human resources.
Amendment 594 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commissioneither on its own initiative or upon request of the Commission or the media service provider affected by the measure, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 595 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Media service providers shall submit the information defined in paragraph 1, to the national databases of media ownership established according to paragraph 1 a within 90 days after any change of any information regarding their ownership
Amendment 598 #
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. National regulatory authorities or bodies shall submit data provided according to paragraph 1 a to the European Database of Media Ownership on quarterly basis
Amendment 601 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Amendment 603 #
Proposal for a regulation
Article 21 – title
Article 21 – title
Assessment of media market concentrations affecting the media market
Amendment 605 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure an assessment of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence. These rules shall:
Amendment 608 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) require the parties to a media market concentrationconcentrations affecting the media market that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;
Amendment 608 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative, or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation 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 611 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Article 21 – paragraph 1 – subparagraph 1 – point d
(d) set out in advance objective, non- discriminatory and proportionate criteria for notifying media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media marketsuch concentrations on media pluralism and editorial independence.
Amendment 613 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 616 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that journalists and editors are free to take individual editorial decisions in the exercise of their professional activity; and
Amendment 618 #
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 623 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public 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 623 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
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 625 #
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) develop self-regulatory instruments such as codes of conduct, in cooperation with professional associations or organisations of journalists, representatives of publishers and other stakeholders, establishing the principles of independence, reliability and freedom of information, as well as the roles, rights and obligations of the various actors involved in the information process.
Amendment 629 #
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) whether, in the absence of the concentration, the acquiring and acquired entity would remain economically sustainable, and whether there are any possible alternatives to ensure its economic sustainability, which would not undermine freedom and pluralism of the media.
Amendment 633 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) upon request of the Commission, draw up opinions with respect to:
Amendment 635 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission, assisted by the Board, may issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations affecting the media market on media pluralism and editorial independence by the national regulatory authorities or bodies. It may request assistance from the Commission when fulfilling this function.
Amendment 636 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i
Article 12 – paragraph 1 – point f – point i
(i) national measures which are likely to affect the functioning of the internal market for media services or have a significant impact on media pluralism, in accordance with Article 20(4) of this Regulation;
Amendment 637 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentrations affecting the media market where such concentrations may affect the functioning of the internal market.
Amendment 638 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The obligations under this Articleparagraph 1 point c a, c b, c c shall not apply to media service providers that are micro enterprises within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 638 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) media market concentrations which are likely to affect the functioning of the internal market for media services and that could have a significant impact on media pluralism and editorial independence, in accordance with Article 22(1) of this Regulation;
Amendment 642 #
Proposal for a regulation
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) draw up opinions on draft national opinions or decisions assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such a concentration may affect the functioning of the internal marketaffecting the media market that could have a significant impact on media pluralism and editorial independence, in accordance with Article 21(5) of this Regulation;
Amendment 644 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a 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 within the meaning of Article 2, paragraph 1, point 22, of Regulationin (EU) XXXX/XXX, 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 allows 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 644 #
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(ga) issue guidelines and recommendations to promote a common methodology for the elaboration of the assessments of concentrations affecting the media market as referred to in Article 21 of this Regulation. The guidelines and recommendations shall be made publicly available.
Amendment 646 #
Proposal for a regulation
Article 12 – paragraph 1 – point g b (new)
Article 12 – paragraph 1 – point g b (new)
(gb) on its own initiative, or upon request, conduct assessments of concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation, in accordance with Article 22 of this Regulation.
Amendment 647 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 647 #
Proposal for a regulation
Article 12 – paragraph 1 – point g c (new)
Article 12 – paragraph 1 – point g c (new)
(gc) monitor compliance with the guidelines and recommendations to promote a common methodology with the view of protecting and promoting media freedom and pluralism across the EU as referred to in paragraph (ga) of this Article.
Amendment 648 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
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 651 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the financial, human and technical resources of the national regulatory authorities or bodies havare adequate financial, human and technical resourcly and sufficiently sized and increased to allow the national regulatory authorities or bodies to carry out their tasks conferred on them under this Regulation. and the Directive 2010/13/EU. Member states shall guarantee the organisational and functional autonomy of the national regulatory authorities or bodies.
Amendment 654 #
Proposal for a regulation
Article 12 – paragraph 1 – point l
Article 12 – paragraph 1 – point l
(l) organise a structured dialogueforum between providers of very large online platforms, representatives of media service providers and of civil society, and report on its results to the Commissionother relevant stakeholders, in accordance with Article 18 of this Regulation;
Amendment 655 #
Proposal for a regulation
Article 12 – paragraph 1 – point l a (new)
Article 12 – paragraph 1 – point l a (new)
(la) under request or at its own initiative, the Board may provide mediation assistance in case of no agreement between media service providers and providers of very large online platforms pursuant to Article 17(4).
Amendment 656 #
Proposal for a regulation
Article 12 – paragraph 1 – point m
Article 12 – paragraph 1 – point m
(m) foster the exchange of best practices and encourage compliance with existing codes of conduct related to the deployment of audience measurement systems, in accordance with Article 23(5) of this Regulation.
Amendment 657 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure that the heads and members of national regulatory authorities and bodies are appointed through a transparent, open and non-discriminatory procedure and on the basis of objective, gender-balanced, clear, transparent and proportionate criteria laid down in advance by national law. They may be dismissed before the end of their term of office under exceptional circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties or serious misconduct as defined in advance by national law. Dismissal decisions shall be duly justified, subject to prior notification to the person concerned, and include the possibility for judicial review. The grounds for dismissal shall be made available to the public.
Amendment 658 #
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) in so far as necessary 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 agreement with the Commission, may cooperate with relevant 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. Working arrangement shall be publicly available and included in the annual report of the Board in accordance with paragraph 5 of Article 10.
Amendment 660 #
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Member States shall ensure that the members of the national regulatory authorities or bodies and their governing bodies are independent of the government and market players, and that they act in full independence when performing their tasks or exercising their powers. National regulatory authorities or bodies and their governing bodies shall have full operational autonomy to manage their financial and human resources.
Amendment 661 #
Proposal for a regulation
Article 7 – paragraph 3 c (new)
Article 7 – paragraph 3 c (new)
3c. Members of the national regulatory authorities or bodies, their governing bodies and their management shall, in the performance of their tasks or the exercise of their powers, neither seek nor take instructions from the government, institution, person or body and fulfill their missions in an effective, independent and transparent manner. This shall not affect the competencies of the Board or the Commission in conformity with this Regulation.
Amendment 662 #
Proposal for a regulation
Article 7 – paragraph 3 d (new)
Article 7 – paragraph 3 d (new)
3d. 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 664 #
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and maintain the European Database for Media Ownership collecting informations provided by national regulatory authorities and bodies, in accordance with Article 6 of this Regulation.
Amendment 665 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems, 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 in paragraph 1, including by promoting independent and transparent audits.
Amendment 665 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Those powers shall be laid down in advance by national law and shall include in particular the power to request such persons to provide, within a reasonable time period, information 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 667 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online media ownership databases containing data as defined in paragraph 1 of Article 6, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of a given Member State.
Amendment 668 #
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. National regulatory authorities or bodies shall organise consultations on matters covered by this Regulation with stakeholders such as civil society organisations, media experts, and representatives of the media services providers established in the Union. The results of these consultations shall be reflected in reports published annually.
Amendment 668 #
Proposal for a regulation
Article 12 – paragraph 1 – point m c (new)
Article 12 – paragraph 1 – point m c (new)
(mc) establish and maintain the European Database on State Advertising collecting informations provided by national regulatory authorities and bodies, in accordance with Article 24 of this Regulation.
Amendment 669 #
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
4c. National regulatory authorities or bodies shall submit data provided according to article 24 to the European Database of State financial support on quarterly basis, including at regional and/or local levels, to which the public would have easy, swift and effective access free of charge. National Regulatory authorities or bodies shall produce regular reports on the ownership of media services under their jurisdiction of a given Member State.
Amendment 670 #
Proposal for a regulation
Article 12 – paragraph 1 – point m d (new)
Article 12 – paragraph 1 – point m d (new)
(md) organise a structured dialogue with representatives of media service providers, civil society, academia and other relevant stakeholders to cooperate and exchange information, experience and best practices on the implementation of this Regulation and Directive 2010/13/EU. The results of these consultations shall be reflected in the preparation of its work programme and main deliverables, and shall be publicly available.
Amendment 672 #
Proposal for a regulation
Article 12 – paragraph 1 – point m e (new)
Article 12 – paragraph 1 – point m e (new)
(me) prepare a detailed annual report of its activities and tasks as provided for in this Article, in particular an overview of the state of play of compliance with the recommendations issued by the Board. The annual report shall be made publicly available. The Board shall provide, in its future annual reports, a follow-up of the previous reports prepared.
Amendment 673 #
Proposal for a regulation
Article 12 – paragraph 1 – point m f (new)
Article 12 – paragraph 1 – point m f (new)
Amendment 674 #
Proposal for a regulation
Article 12 – paragraph 1 – point m g (new)
Article 12 – paragraph 1 – point m g (new)
(mg) examine the problem of interdependency between media service providers and the state created by financial flows from the state to media owners via state contracts through companies belonging to the same business group as the media service provider, operating in other industries. The Board should draw up guidelines on how to prevent any conflict of interest arising from and its potential impact on editorial policy.
Amendment 678 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 678 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where a national regulatory authority or body considers that there is a serious and grave risk of prejudice to the functioning of the internal market for media services or a serious and grave risk of prejudice to rule of law and/or public security and defence, it may request other national regulatory authorities or bodies to provide accelerated cooperation or mutual assistance, while ensuring compliance with fundamental rights, in particular freedom of expression.
Amendment 679 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, includingat Union, national, federal or regional governmentslevel, 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 availableshall make publicly available through electronic and user- friendly means, accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers, which shall include at least the following details:
Amendment 680 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Structure and composition of the Board
Amendment 681 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Requests for cooperation or mutual assistance, including accelerated cooperation or mutual assistance, shall contain all the necessary information related to the request, including the purpose of and reasons for it, as specified in the Board´s Rules of Procedure.
Amendment 684 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The requested authority shall do its utmost to address and reply to the request without undue delay. The requested authority shall provide intermediary results within the period of 14 calendar days from the receipt of the request, with subsequent regular updates on the progress of execuFurther details on the procedure of the structured cooperation, including the rights and obligations of the request. In case of requests for accelerated cooperation or mutual assistance, the requested authority shall address and reply to the request within 14 calendar daysparties as well as the deadlines to be respected, shall be defined in the Board’s rules of procedure.
Amendment 687 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider.;
Amendment 688 #
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) the amounts spent per media service provider;
Amendment 688 #
Proposal for a regulation
Article 10 – paragraph 4
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 ithe Board's members with voting rights. The term of office of the Chair shall be two yearsof one year, renewable once. The Board's Rules of procedure shall specify the roles, the tasks and the procedures for the appointment of the members of the Steering Group. .
Amendment 688 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar daysa time period to be defined in the Board´s Rules of procedure from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 689 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
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 692 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board without voting rights. The representative of the Commission shall participate in all activities andthe meetings of the Board, without voting rights. The Chair of the Board shall keep the European Parliament and the Commission informed about the ongoing and planned activities of the Board. The Board shall consult the Commission, including the presentation of the report according to paragraph (m d) of Article 12 of this Regulation. The Board shall take into account the recommendations of the Commission and other interested parties in the media field, in preparation of its work programme and main deliverables.
Amendment 692 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The requested national authority or body shall, without undue delay and within 30 calendar daysa maximum time period to be defined in the Board´s rules of procedure, inform the requesting national authority or body about the actions taken or planned pursuant to paragraph 1, or justify the reasons for which action was not taken.
Amendment 693 #
Proposal for a regulation
Article 24 – paragraph 3 a (new)
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)
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)
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 14 – paragraph 3
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 701 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. The Board may designate permanent observers from amongst national regulatory authorities or bodies with competence in the media field, including those coming from non-EU countries which have entered into agreements with the Union to that effect. The observers shall not have voting rights.
Amendment 702 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
Amendment 705 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The requested national authority or body shall, without undue delay and within 30 calendar days at the latesta maximum period to be defined in the Board´s rules of procedure from the receipt of the opinion referred to in paragraph 4, inform the Board, the Commission and the requesting authority or body of the actions taken or planned in relation to the opinion.
Amendment 710 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU6 of this Regulation.
Amendment 713 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings where necessary.
Amendment 714 #
Proposal for a regulation
Article 16 – title
Article 16 – title
16 Coordination of measures concerning media service providers establishedoriginating from outside the Union
Amendment 722 #
Proposal for a regulation
Article 16 – paragraph 1
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 establishedoriginating from outside the Union that target, irrespective of the means of distribution or access, target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence.
Amendment 723 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission. The Board shall lay down, in its rules of procedure, the practical arrangements for the prevention and management of conflict of interests.
Amendment 724 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Amendment 729 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board issued according to paragraph 1a and 1b. The competent authority or body shall provide reasons for any refusal to undertake the recommended actions.
Amendment 733 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
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 735 #
Proposal for a regulation
Article 16 – paragraph 2 b (new)
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 740 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that:ensure that their content moderation processes have adequate and sufficient personnel, linguistic range and cultural sensitivity and context-specific training, to ensure that freedom and pluralism of the media is not undermined.
Amendment 742 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 743 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 745 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 759 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation toremove content, particularly content providosted by a media service provider that submitted a declaration pursuant to paragraph 1 of this Articleor linking to content under its editorial control, on the grounds that such content is incompatible with its terms and conditions, without that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX2065 [Digital Services Act], it shall take all possireasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX2065 [Digital Services Act], to communicate to the media service provider concernedentity that posted the content the statement of reasons accompanying that decision, as required by Article 4(17) of Regulation (EU) 2019/1150,22/2065 [Digital Service Act], if possible prior to the suspension taking effect.
Amendment 766 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 1186 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 and22/2065 [Digital Service Act] by representative bodies including those representing media service providers are decided upon without undue delay.
Amendment 772 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider oftrends identified under Article 18 suggest that a very large online platform frequently restricts or suspends the provision of its services in relation to content providosted by thone or more media service provider(s) without sufficient grounds and in a manner that undermines media freedom and pluralism, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider(s), upon itstheir 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.
Amendment 773 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The media service provider shall may immediately notify the outcome of any meaningful and effective dialogue such exchanges 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 platforms, as well as the number of meetings, meeting documents, and the outcomes of such dialogues.
Amendment 774 #
Proposal for a regulation
Article 17 – paragraph 4 b (new)
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 777 #
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content 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 779 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative, or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation 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 783 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 784 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 787 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Structured dialogueForum
Amendment 789 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogueforum 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 and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interferencein particular, to identify numbers and trends related to the subject matter, volume, and affected parties.
Amendment 792 #
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 793 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogueForum to the Commission.
Amendment 795 #
Proposal for a regulation
Article 19 – title
Article 19 – title
Right of customisation of audiovisual media offer
Amendment 796 #
Proposal for a regulation
Article 19 – paragraph 1
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, including through the use of third party recommender systems, as defined in article 3 of Regulation 2022/2065, in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
Amendment 801 #
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
Amendment 801 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article19a Right to identify the content 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 802 #
Proposal for a regulation
Article 20 – title
Article 20 – title
National measures affecting the provision and operation of media service providers
Amendment 807 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect thenegatively affect the provision or operation of media service providers and media pluralism in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory.
Amendment 809 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Without prejudice and in addition to its right to effective judicial protection, any media service provider subject to an administrative or regulatory measure referred to in paragraph 1 that concerns it individually and directly shall have the right to appeal against that measure to an appellate body. That body shall be independent of the parties involved and of any external intervention or political pressure liable to jeopardise its independent assessment of matters coming before it. It shall have the appropriate expertise and funding to enable it to carry out its functions effectively. The European Commission or the Board may submit written observations during the course of proceedings before such a national appellate body and may, with the permission of the body in question, also make oral observations.
Amendment 813 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i
Article 12 – paragraph 1 – point f – point i
(i) national measures which are likely to affect the functioning of the internal market for media services or have a significant impact on media pluralism, in accordance with Article 20(4) of this Regulation;
Amendment 814 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shalleither on its own initiative or upon request of the Commission or the media service provider affected by the measure, may draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 817 #
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Article 12 – paragraph 1 – point f – point ii
(ii) media market concentrations which are likely to affect the functioning of the internal market for media services and that could have a significant impact on media pluralism and editorial independence, in accordance with Article 22(1) of this Regulation;
Amendment 821 #
Proposal for a regulation
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) draw up opinions on draft national opinions or decisions assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such a concentration may affect the functioning of the internal marketaffecting the media market that could have a significant impact on media pluralism and editorial independence, in accordance with Article 21(5) of this Regulation;
Amendment 821 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concernedthe timeline set out, and, the views of other authorities concerned. The Board shall provide recommendations addressed to the national authority or body adopting the measure with the aim to ensure that such measure is not having a significant impact on media pluralism. The national authority or body shall make every effort to comply with the recommendations from the Board. In particular, it shall inform the Board how it intends to comply with them and the timeline foreseen. In the event that a national authority or body does not comply or does not intend to comply, it shall inform the Board, stating its reasons. National authorities or bodies shall always publish and reason their decisions including rejection of complaints submitted to them. The recommendations from the Board and the follow-up from the national authority or body shall also be made publicly available.
Amendment 823 #
Proposal for a regulation
Article 21 – title
Article 21 – title
21 Assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence
Amendment 825 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure anthe conducting of ex-ante and ex-post quality assessments of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence. These rules shall:
Amendment 826 #
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(ga) issue guidelines and recommendations to promote a common methodology for the elaboration of the assessments of concentrations affecting the media market as referred to in Article 21 of this Regulation. The guidelines and recommendations shall be made publicly available.
Amendment 827 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) require the parties to a media market concentration affecting the media market that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;
Amendment 828 #
Proposal for a regulation
Article 12 – paragraph 1 – point g b (new)
Article 12 – paragraph 1 – point g b (new)
(gb) on its own initiative, or upon request, conduct assessments of concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence, including existing concentrations at the entry into force of the present Regulation, in accordance with Article 22 of this Regulation.
Amendment 829 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Article 21 – paragraph 1 – subparagraph 1 – point d
(d) set out in advance objective, non- discriminatory and proportionate criteria for notifying media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media marketsuch concentrations on media pluralism and editorial independence.
Amendment 830 #
Proposal for a regulation
Article 12 – paragraph 1 – point g c (new)
Article 12 – paragraph 1 – point g c (new)
(gc) monitor compliance with the guidelines and recommendations to promote a common methodology with the view of protecting and promoting media freedom and pluralism across the EU as referred to in paragraph (ga) of this Article.
Amendment 830 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
(da) incorporate the guidelines and recommendations issued by the Board to conduct assessments regarding concentrations affecting the media market and to establish a follow-up system.
Amendment 833 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public 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 834 #
Proposal for a regulation
Article 21 – paragraph 2 – point a a (new)
Article 21 – paragraph 2 – point a a (new)
(aa) the results of the risk assessment made by the annual Commission Rule of Law Report and its country-specific reports, as well as instruments such as the Media Pluralism Monitor to identify, analyse and assess any systemic risks to media freedom and media pluralism in the particular Member State;
Amendment 835 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, as well as national legislation and self-regulatory norms in this regard;
Amendment 839 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission, assisted by the Board, mayshall issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence by the national regulatory authorities or bodies in accordance with this article, as well as which criteria should take precedence or prevail in case of conflicts. It may request assistance from the Commission when fulfilling this function.
Amendment 840 #
Proposal for a regulation
Article 12 – paragraph 1 – point l
Article 12 – paragraph 1 – point l
(l) organise a structured dialogueforum between providers of very large online platforms, representatives of media service providers and of civil society, and report on its results to the Commission,other relevant stakeholders in accordance with Article 18 of this Regulation ;
Amendment 841 #
Proposal for a regulation
Article 12 – paragraph 1 – point l a (new)
Article 12 – paragraph 1 – point l a (new)
(la) under request or at its own initiative, the Board may provide mediation assistance in case of no agreement between media service providers providers and providers of very large online platforms pursuant to Article. 17(4)
Amendment 842 #
Proposal for a regulation
Article 12 – paragraph 1 – point m
Article 12 – paragraph 1 – point m
(m) foster the exchange of best practices and encourage compliance with existing codes of conduct related to the deployment of audience measurement systems, in accordance with Article 23(5) of this Regulation.
Amendment 843 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such concentrations may affect the functioning of the internal marketa notifiable concentration affecting the media market that could have significant impact on media pluralism and editorial independence.
Amendment 844 #
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) In so far as necessary 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 agreement with the Commission, may cooperate with relevant 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. Working arrangement shall be publicly available and included in the annual report of the Board in accordance with paragraph 5 of Article 10.
Amendment 844 #
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6a. The respective national regulatory authorities or bodies, at their own initiative or requested by the Board, shall conduct an ex-post evaluation of concentrations significantly affecting the media market that could have a significant impact on media pluralism and editorial independence in order to assess the consequences of the NRAs’ decision and whether the effects of the merger should be reduced or eliminated ex post. During such an assessment national regulatory authorities or bodies shall gather information on the media landscape, assess the conditions under which the concentrations have been carried out, verify the extent to which such concentrations present dangers to the media pluralism and editorial independence, and issue proposals how to remedy such dangers. National independent authorities or bodies will report the result of the post-concentration evaluation to the Board.
Amendment 845 #
Proposal for a regulation
Article 21 – paragraph 6 b (new)
Article 21 – paragraph 6 b (new)
6b. In case of media concentrations, National Competition Authorities and National Regulatory Authorities shall cooperate particularly when assessing their impact on media pluralism and media freedom. National Regulatory Authorities shall provide a reasoned opinion to such consultation. For concentrations distorting competition, National Competition Authorities shall impose proportionate remedies, such as structural remedies.
Amendment 846 #
Proposal for a regulation
Article 21 – paragraph 6 c (new)
Article 21 – paragraph 6 c (new)
6c. The assessments and opinions referred to in this Article shall be made publicly available.
Amendment 847 #
Proposal for a regulation
Article 22 – title
Article 22 – title
22 Opinions on media marketAssessments of concentrations by the Board
Amendment 849 #
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Article 12 – paragraph 1 – point m b (new)
(mb) establish and maintain the European Database for Media Ownership collecting informations provided by national regulatory authorities and bodies, in accordance with Article 6 of this Regulation
Amendment 852 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation and, if applicable, remedies pursuant to Article 21, the Board, upon request of the Commission, shall draw up an opinionassessment on the impact of a media market concentration affecting the media market 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 opinionassessment 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 European Parliament and the Commission.
Amendment 853 #
Proposal for a regulation
Article 12 – paragraph 1 – point m c (new)
Article 12 – paragraph 1 – point m c (new)
(mc) establish and maintain the European Database on State Advertising collecting informations provided by national regulatory authorities and bodies, in accordance with Article 24 of this Regulation
Amendment 854 #
Proposal for a regulation
Article 12 – paragraph 1 – point m d (new)
Article 12 – paragraph 1 – point m d (new)
(md) organise a structured dialogue with representatives of media service providers, civil society, academia and other relevant stakeholders to cooperate and exchange information, experience and best practices on the implementation of this Regulation and Directive 2010/13/EU. The results of these consultations shall be reflected in the preparation of its work programme and main deliverables,and shall be publicly available.
Amendment 855 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
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 assessment on a concentration which would objectively impact the media market despite neither party being a media market service provider.
Amendment 856 #
Proposal for a regulation
Article 12 – paragraph 1 – point m e (new)
Article 12 – paragraph 1 – point m e (new)
Amendment 856 #
Proposal for a regulation
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1b. When conducting its assessments, the Board shall take into account the assessments conducted by Member States pursuant to Article 21 of this Regulation, the findings of the Commission’s Annual Rule of Law report and its country- specific reports, as well as of those instruments such as the Media Pluralism Monitor, and it shall consult with the relevant stakeholders. The Board shall also take into account any other information that it may deem relevant for its assessment.
Amendment 857 #
Proposal for a regulation
Article 12 – paragraph 1 – point m f (new)
Article 12 – paragraph 1 – point m f (new)
(mf) develop criteria, in consultation with media stakeholders, for the distribution of public funds through state financial support in accordance with article 24 of this Regulation, that ensure they are insulated from political interference.
Amendment 857 #
Proposal for a regulation
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1c. The Board shall prepare a report with the findings of its assessments, the methodology used and the follow-up recommendations.
Amendment 858 #
Proposal for a regulation
Article 12 – paragraph 1 – point m g (new)
Article 12 – paragraph 1 – point m g (new)
(mg) examine the problem of interdependency between media service providers and the state created by financial flows from the state to media owners via state contracts through companies belonging to the same business group as the MSP, operating in other industries. The Board should draw up guidelines on how to prevent any conflict of interest arising from and its potential impact on editorial policy.
Amendment 858 #
Proposal for a regulation
Article 22 – paragraph 1 d (new)
Article 22 – paragraph 1 d (new)
1d. The National Regulatory Authority who is addressed by the assessment shall report to the Board within 90 days concerning the measures it has taken to comply with the recommendations.
Amendment 859 #
Proposal for a regulation
Article 22 – paragraph 1 e (new)
Article 22 – paragraph 1 e (new)
1e. The Board adopts a subsequent assessment concerning the National Regulatory Authority’s report and informs the Commission of the report and its opinion.
Amendment 860 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Following the opinionassessment of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter.
Amendment 861 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. OpinionAssessments by the Board and, where applicable, the opinions by the Commission shall be made publicly available.
Amendment 862 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 863 #
Proposal for a regulation
Article 22 b (new)
Article 22 b (new)
Amendment 864 #
Proposal for a regulation
Article 22 c (new)
Article 22 c (new)
Article22c Delegated acts 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 22a and 22b shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = 6 months after the date of entry into force of this Regulation]. 3. The power to adopt delegated acts referred to in Articles 22a and 22b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 22a and 22b shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 865 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability.
Amendment 866 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where a national regulatory authority or body considers that there is a serious and grave risk of prejudice to the functioning of the internal market for media services or a serious and grave risk of prejudice to rule of law and/or public security and defence, it may request other national regulatory authorities or bodies to provide accelerated cooperation or mutual assistance, while ensuring compliance with fundamental rights, in particular freedom of expression.
Amendment 870 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Requests for cooperation, or mutual assistance, including accelerated cooperation or mutual assistance, shall contain all the necessary information related to the request, including the purpose of and reasons for it., as specified in the Board´s Rules of Procedure
Amendment 872 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ business secretstrade secrets within the meaning of Article 2(1) of Directive (EU) 2016/943, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 873 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by pProviders of audience measurement systems, together with media service providers, their representative organisations, civil society and any other interested parties, shall draw up codes of conduct, with the support of national regulatory authorities or bodies that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. These codes of conduct should provide for regular, transparent and independent monitoring and evaluation of the achievement of these objectives. The codes of conduct should provide effective implementation including through proportionate sanctions where appropriate. In the drawing up of codes of conduct, special consideration should be given to small media to ensure proper measurements of their audiences.
Amendment 881 #
Proposal for a regulation
Article 23 – paragraph 5
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 and media service providers, civil society organisations and other interested parties.
Amendment 882 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The requested authority shall do its utmost to address and reply to the request without undue delay. The requested authority shall provide intermediary results within the period of 14 calendar days from the receipt of the request, with subsequent regular updates on the progress of execuFurther details on the procedure of the structured cooperation, including the rights and obligations of the request. In case of requests for accelerated cooperation or mutual assistance, the requested authority shall address and reply to the request within 14 calendar daysparties as well as the deadlines to be respected, shall be defined in the Board’s rules of procedure.
Amendment 885 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation).
Amendment 887 #
Proposal for a regulation
Article 24 – title
Article 24 – title
24 Allocation of state advertisingTransparency regarding state advertising and other state financial support
Amendment 888 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar daysa time period to be defined in the Board´s Rules of procedure from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
Amendment 893 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granallocated by public authorities to media service providers for the purposes of advertisingand providers of online platforms 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 894 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The requested national authority or body shall, without undue delay and within 30 calendar daysa maximum time period to be defined in the Board´s rules of procedure , inform the requesting national authority or body about the actions taken or planned pursuant to paragraph 1, or justify the reasons for which action was not taken.
Amendment 895 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Prior to allocating state advertising and other state financial support resources to media service providers and providers of online platforms, public authorities shall ensure that the specific criteria employed to determine the allocation of state financial support according to paragraph 1 are made available to the public through electronic and user-friendly means. The national regulatory authorities' will consult national media stakeholders on the development of the criteria and methodology and hold consultations with the stakeholders on the results.
Amendment 899 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, includingat Union, national, federal or, regional governmentsor local level, 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 availablelevel, shall make publicly available through electronic and user-friendly means accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditureand other financial support allocated to media service providers and providers of online platforms, which shall include at least the following details:
Amendment 900 #
Proposal for a regulation
Article 14 – paragraph 3
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 903 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) the legal names of media service providers and providers of online platforms from which advertising services were purchased or whom they have financially supported;
Amendment 906 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
Amendment 906 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider.
Amendment 908 #
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) the total amounts spent per media service provider and provider of online platforms.
Amendment 910 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
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 allocated by public authorities to media service providers and providers of online platforms, unless it concerns information relating to the procedures of the election.
Amendment 911 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The requested national authority or body shall, without undue delay and within 30 calendar days at the latesta maximum period to be defined in the Board´s rules of procedure from the receipt of the opinion referred to in paragraph 4, inform the Board, the Commission and the requesting authority or body of the actions taken or planned in relation to the opinion.
Amendment 914 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the allocation of state advertising in media marketfinancial support to media service providers and providers of online platforms. In order to assess the accuracy of the information on state advertising and other financial support 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 919 #
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online databases of state advertising and other financial support , containing disaggregated data defined in paragraph 2
Amendment 921 #
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. Public authorities allocating state advertising and other financial support shall submit the information defined in paragraph 2, to the national databases established according to paragraph 3.
Amendment 922 #
Proposal for a regulation
Article 24 – paragraph 3 c (new)
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 and other financial support on a quarterly basis.
Amendment 923 #
Proposal for a regulation
Article 24 – paragraph 3 d (new)
Article 24 – paragraph 3 d (new)
Amendment 924 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU6 of this Regulation.
Amendment 924 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The allocation of state resources to media service providers and providers of online platforms for the purpose of purchasing goods or services from them other than state advertising shall be subject to the requirements set out in paragraph 1this Article. This Article shall not affect the application of the State aid rules.
Amendment 928 #
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. The Commission shall in its monitoring exercise take account of the Board’s reports, assessments and recommendations, input from civil society, the results from the Media Pluralism Monitor and the findings from Rule of Law Reports.
Amendment 929 #
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. The monitoring exercise shall include, in particular:
Amendment 931 #
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) a detailed analysis of the resilience of media markets of allin Member States, including as regards the level of media concentration and risks of foreign information manipulation and interference;
Amendment 932 #
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
(b) an overview and forward-looking assessment of the resilience of the internal market for media services as a whole, including as regards the degree of concentration of the market;
Amendment 933 #
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)
(ca) an overview of the allocation of state advertising and state financial support to media service providers and providers of online platforms.
Amendment 934 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Coordination of measures concerning media service providers establishedoriginating from outside the Union
Amendment 937 #
Proposal for a regulation
Article 25 – paragraph 3 – point c b (new)
Article 25 – paragraph 3 – point c b (new)
(cb) an assessment of the rules and practices in the allocation of public subsidies to media services.
Amendment 939 #
Proposal for a regulation
Article 25 – paragraph 3 – point c c (new)
Article 25 – paragraph 3 – point c c (new)
(cc) a detailed analysis around media pluralism and editorial independence at the European, national, regional and local levels.
Amendment 940 #
Proposal for a regulation
Article 25 – paragraph 3 – point c d (new)
Article 25 – paragraph 3 – point c d (new)
(cd) a detailed analysis of the independence of National Authorities or bodies.
Amendment 941 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. By [fourtwo years after the entry into force of this Regulation] at the latest, and every fourtwo years thereafter, the Commission shall evaluate the implementation of this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee about the findings and follow-up measures.
Amendment 943 #
Proposal for a regulation
Article 16 – paragraph 1
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 establishedoriginating from outside the Union that target, irrespective of the means of distribution or access, target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence.
Amendment 944 #
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. In carrying out the evaluations referred to in paragraph 1, the Commission shall evaluate, in particular, the effective implementation of and compliance with the obligations laid down in this Regulation.
Amendment 945 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Regarding media services provided by media service providers originating from 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 947 #
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
Amendment 953 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board issued according to paragraph 1a and 1b. The competent authority or body shall provide reasons for any refusal to undertake the recommended actions.
Amendment 959 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
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 962 #
Proposal for a regulation
Article 16 – paragraph 2 b (new)
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 973 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that:ensure that their content moderation processes have adequate and sufficient personnel, linguistic range and cultural sensitivity and context-specific training, to ensure that freedom and pluralism of the media is not undermined.
Amendment 977 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 983 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 986 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 1015 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation toremove content, particularly content provided posted by a media service provider that submitted a declaration pursuant to paragraph 1 of this Articleor linking to content under its editorial control, on the grounds that such content is incompatible with its terms and conditions, without that content otherwise contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX 2065 [Digital Services Act], it shall take all possireasonable measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX 2065 [Digital Services Act], to communicate to the media service provider concernedentity that posted the content the statement of reasons accompanying that decision, as required by Article 4 (17) of Regulation (EU) 2019/1150,22 /2065 [Digital Services Act], if possible prior to the suspension taking effect.
Amendment 1025 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 1186 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 and22 2065 [Digital Services Act] by representative bodies including those representing media service providers are decided upon without undue delay.
Amendment 1032 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider oftrends identified under Article 18 suggest that a very large online platform frequently restricts or suspends the provision of its services in relation to content providosted by thone or more media service provider(s) without sufficient grounds and in a manner that undermines media freedom and pluralism, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider(s), upon itstheir 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.
Amendment 1037 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
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 platforms, as well as the number of meetings, meeting documents, and the outcomes of such dialogues.
Amendment 1039 #
Proposal for a regulation
Article 17 – paragraph 4 b (new)
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 1043 #
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content 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 1060 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 1069 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Structured dialogueForum
Amendment 1072 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Board shall regularly organise a structured dialogueForum 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 and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interferencein particular, to identify numbers and trends related to the subject matter, volume, and affected parties.
Amendment 1080 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogueForum to the Commission.
Amendment 1081 #
Proposal for a regulation
Article 19 – title
Article 19 – title
Right of customisation of audiovisual media offer
Amendment 1084 #
Proposal for a regulation
Article 19 – paragraph 1
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, including through the use of third party recommender systems, as defined in article 3 of Regulation 2022/2065, in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
Amendment 1100 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 1103 #
Proposal for a regulation
Article 20 – title
Article 20 – title
National measures affecting the provision and operation of media service providers
Amendment 1113 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect thenegatively affect the provision or operation of media service providers or media pluralism in the internal market, shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory.
Amendment 1125 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commissioneither on its own initiative or upon request of the Commission or the media service provider affected by the measure, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 1135 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concerned. the timeline set out, and the views of other authorities concerned. The Board shall provide recommendations addressed to the national authority or body adopting the measure with the aim to ensure that such measure is not having a significant impact on media pluralism. The national authority or body shall make every effort to comply with the recommendations from the Board. In particular, it shall inform the Board how it intends to comply with them and the timeline foreseen. In the event that a national authority or body does not comply or does not intend to comply, it shall inform the Board, stating its reasons. National authorities or bodies shall always publish and reason their decisions including rejection of complaints submitted to them. The recommendations from the Board and the follow-up from the national authority or body shall also be made publicly available.
Amendment 1144 #
Proposal for a regulation
Article 21 – title
Article 21 – title
21 Assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence
Amendment 1146 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure anthe conducting of ex-ante and ex-post quality assessments of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence. These rules shall:
Amendment 1150 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) require the parties to a media market concentration affecting the media market that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;
Amendment 1159 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Article 21 – paragraph 1 – subparagraph 1 – point d
(d) set out in advance objective, non- discriminatory and proportionate criteria for notifying media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media marketsuch concentrations on media pluralism and editorial independence.
Amendment 1162 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
(da) incorporate the guidelines and recommendations issued by the Board to conduct assessments regarding concentrations affecting the media market and to establish a follow-up system.
Amendment 1168 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public 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 1169 #
Proposal for a regulation
Article 21 – paragraph 2 – point a a (new)
Article 21 – paragraph 2 – point a a (new)
(aa) the results of the risk assessment made by the annual Commission Rule of Law Report and its country-specific reports, as well as instruments such as the Media Pluralism Monitor to identify, analyse and assess any systemic risks to media freedom and media pluralism in the particular Member State;
Amendment 1172 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, as well as national legislation and self-regulatory norms in this regard;
Amendment 1183 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission, assisted by the Board, mayshall issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence by the national regulatory authorities or bodies in accordance with this article, as well as which criteria should take precedence or prevail in case of conflicts. It may request assistance from the Commission when fulfilling this function.
Amendment 1190 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such concentrations may affect the functioning of the internal market.a notifiable concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence
Amendment 1198 #
6a. The respective national regulatory authorities or bodies, at their own initiative or requested by the Board, shall conduct an ex-post evaluation of concentrations significantly affecting the media market that could have a significant impact on media pluralism and editorial independence in order to assess the consequences of the NRAs’ decision and whether the effects of the merger should be reduced or eliminated ex post. During such an assessment national regulatory authorities or bodies shall gather information on the media landscape, assess the conditions under which the concentrations have been carried out, verify the extent to which such concentrations present dangers to the media pluralism and editorial independence, and issue proposals how to remedy such dangers. National independent authorities or bodies will report the result of the post-concentration evaluation to the Board.
Amendment 1200 #
Proposal for a regulation
Article 21 – paragraph 6 b (new)
Article 21 – paragraph 6 b (new)
6b. In case of media concentrations, National Competition Authorities and National Regulatory Authorities shall cooperate particularly when assessing their impact on media pluralism and media freedom. National Regulatory Authorities shall provide a reasoned opinion to such consultation. For concentrations distorting competition, National Competition Authorities shall impose proportionate remedies, such as structural remedies.
Amendment 1201 #
Proposal for a regulation
Article 21 – paragraph 6 c (new)
Article 21 – paragraph 6 c (new)
6c. The assessments and opinions referred to in this Article shall be made publicly available.
Amendment 1202 #
Proposal for a regulation
Article 22 – title
Article 22 – title
22 Opinions on media marketAssessments of concentrations by the Board
Amendment 1206 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation and, if applicable, remedies pursuant to Article 21, the Board, upon request of the Commission, shall draw up an opinionassessment on the impact of a media market concentration affecting the media market 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 opinionassessment 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 European Parliament and to the Commission.
Amendment 1212 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
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 assessment on a concentration which would objectively impact the media market despite neither party being a media market service provider.
Amendment 1214 #
Proposal for a regulation
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1b. When conducting its assessments, the Board shall take into account the assessments conducted by Member States pursuant to Article 21 of this Regulation, the findings of the Commission’s Annual Rule of Law report and its country- specific reports, as well as of those instruments such as the Media Pluralism Monitor, and it shall consult with the relevant stakeholders. The Board shall also take into account any other information that it may deem relevant for its assessment.
Amendment 1215 #
Proposal for a regulation
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1c. The Board shall prepare a report with the findings of its assessments, the methodology used and the follow-up recommendations.
Amendment 1216 #
Proposal for a regulation
Article 22 – paragraph 1 d (new)
Article 22 – paragraph 1 d (new)
1d. The National Regulatory Authority who is addressed by the opinion assessment shall report to the Board within 90 days concerning the measures it has taken to comply with the recommendations
Amendment 1217 #
Proposal for a regulation
Article 22 – paragraph 1 e (new)
Article 22 – paragraph 1 e (new)
1e. The Board adopts a subsequent assessment concerning the National Regulatory Authority’s report and informs the Commission of the report and its opinion.
Amendment 1219 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Following the opinionassessment of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter.
Amendment 1222 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. OpinionAssessments by the Board and, where applicable, the opinions by the Commission shall be made publicly available.
Amendment 1224 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 1225 #
Proposal for a regulation
Article 22 b (new)
Article 22 b (new)
Amendment 1226 #
Proposal for a regulation
Article 22 c (new)
Article 22 c (new)
Article22c Delegated acts 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 22a and 22b shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = 6 months after the date of entry into force of this Regulation]. 3. The power to adopt delegated acts referred to in Articles 22a and 22b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 22a and 22b shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 1228 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability.
Amendment 1240 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ business secretstrade secrets within the meaning of Article 2(1) of Directive (EU) 2016/943, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 1244 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by pProviders of audience measurement systems, together with media service providers, their representative organisations, civil society and any other interested parties, shall draw up codes of conduct, with the support of national regulatory authorities or bodies that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. These codes of conduct should provide for regular, transparent and independent monitoring and evaluation of the achievement of these objectives. The codes of conduct should provide effective implementation including through proportionate sanctions where appropriate. In the drawing up of codes of conduct, special consideration should be given to small media to ensure proper measurements of their audiences.
Amendment 1257 #
Proposal for a regulation
Article 23 – paragraph 5
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 and media service providers , civil society organisations and other interested parties.
Amendment 1260 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation).
Amendment 1261 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Amendment 1267 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granallocated by public authorities to media service providers for the purposes of advertisingand providers of online platforms 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 1269 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Prior to allocating state advertising and other state financial support to media service providers and providers of online platforms, public authorities shall ensure that the specific criteria employed to determine the allocation of state financial support according to paragraph 1 are made available to the public through electronic and user-friendly means.The national regulatory authorities will consult national media stakeholders on the development of the criteria and methodology and hold consultations with the stakeholders on the results.
Amendment 1276 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, includingat Union, national, federal or, regional or local level 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 availablelevel, shall make publicly available through electronic and user-friendly means accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditureand other financial support allocated to media service providers and providers of online platforms, which shall include at least the following details:
Amendment 1284 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) the legal names of media service providers and providers of online platforms from which advertising services were purchased ;or whom they have financially supported;
Amendment 1289 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider.;
Amendment 1291 #
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(ba) the amounts spent per media service provider and provider of online platforms;
Amendment 1294 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
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 allocated by public authorities to media service providers and providers of online platforms unless it concerns information relating to the procedures of the election.
Amendment 1298 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. National regulatory authorities or bodies shall monitor the allocation of state advertising in media marketfinancial support to media service providers and providers of online platforms. In order to assess the accuracy of the information on state advertising and other financial support 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 1305 #
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online databases of state advertising and other financial support , containing disaggregated data defined in paragraph 2
Amendment 1308 #
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. Public authorities allocating state advertising and other financial support shall submit the information defined in paragraph 2, to the national databases established according to paragraph 3
Amendment 1309 #
Proposal for a regulation
Article 24 – paragraph 3 c (new)
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 and other financial support on a quarterly basis.
Amendment 1310 #
Proposal for a regulation
Article 24 – paragraph 3 d (new)
Article 24 – paragraph 3 d (new)
3d. Member states shall publish, on an annual basis, details of all contracts with state bodies, to business groupings and their beneficial owners, which own media. This report should be published alongside the yearly National Regulatory Authorities reports on state advertising and other financial support.
Amendment 1312 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The allocation of state resources to media service providers and providers of online platforms for the purpose of purchasing goods or services from them other than state advertising shall be subject to the requirements set out in paragraph 1this Article. This Article shall not affect the application of the State aid rules.
Amendment 1318 #
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. The Commission shall in its monitoring exercise take account of the Board’s reports, assessments and recommendations, input from civil society, the results from the Media Pluralism Monitor and the findings from Rule of Law Reports.
Amendment 1319 #
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. The monitoring exercise shall include, in particular:
Amendment 1325 #
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) a detailed analysis of the resilience of media markets of allin Member States, including as regards the level of media concentration and risks of foreign information manipulation and interference;
Amendment 1326 #
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
(b) an overview and forward-looking assessment of the resilience of the internal market for media services as a whole, including as regards the degree of concentration of the market;
Amendment 1331 #
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)
(ca) an overview of the allocation of state advertising and state financial support to media service providers and providers of online platforms
Amendment 1336 #
Proposal for a regulation
Article 25 – paragraph 3 – point c b (new)
Article 25 – paragraph 3 – point c b (new)
(cb) an assessment of the rules and practices in the allocation of public subsidies to media services.
Amendment 1339 #
Proposal for a regulation
Article 25 – paragraph 3 – point c c (new)
Article 25 – paragraph 3 – point c c (new)
(cc) a detailed analysis around media pluralism and editorial independence at the European, national, regional and local levels
Amendment 1342 #
Proposal for a regulation
Article 25 – paragraph 3 – point c d (new)
Article 25 – paragraph 3 – point c d (new)
(cd) a detailed analysis of the independence of National Authorities or bodies.
Amendment 1347 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. By [fourtwo years after the entry into force of this Regulation] at the latest, and every two four years thereafter, the Commission shall evaluate the implementation of this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee about the findings and follow-up measures.
Amendment 1352 #
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. In carrying out the evaluations referred to in paragraph 1, the Commission shall evaluate, in particular, the effective implementation of and compliance with the obligations laid down in this Regulation.