24 Amendments of Jana TOOM related to 2021/0381(COD)
Amendment 66 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the transparency and targeting of online political advertising (Text with EEA relevance)
Amendment 71 #
Proposal for a regulation
Recital 2
Recital 2
(2) Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latterOnline political advertising are not only particularly prone to be offered cross- border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms.
Amendment 107 #
Proposal for a regulation
Recital 15
Recital 15
(15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplification. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country. This definition should not cover messages of private or commercial nature including cases where a commercial stakeholder expresses support to a political topic for branding purposes.
Amendment 114 #
Proposal for a regulation
Recital 17
Recital 17
(17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 121 #
Proposal for a regulation
Recital 19
Recital 19
(19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed mediaand messages covering news and current affaires in editorial content that has been published in without direct payment or equivalent remuneration should not be covered by this Regulation.
Amendment 122 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
Amendment 126 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to define online political advertisement as an instance of online political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media or via an online platforms service.
Amendment 132 #
Proposal for a regulation
Recital 24
Recital 24
(24) An advertising campaign should refer to the preparation, publication and dissemination of a series of linked advertisements in the course of a contract for online political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle.
Amendment 158 #
Proposal for a regulation
Recital 38
Recital 38
(38) Transparency of online political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement.
Amendment 165 #
Proposal for a regulation
Recital 41
Recital 41
(41) Transparency notices should be designed to raise user awareness and help the clear identification of the online political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of one year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher.
Amendment 175 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) The political advertising publishers should make reasonable efforts to address in a timely, diligent and objective manner the notifications received pursuant to this Regulation, by contacting the relevant service providers and, as relevant, the sponsor. The political advertising publisher should inform the author of the notification and the service providers concerned of the follow up given to the notification and provides information on redress possibilities, including under Directive (EU) 2020/1828 of the European Parliament and of the Council, in respect of the advertisement to which the notification relates. Where a notification contains sufficient information to enable a diligent provider of political advertising services to identify, without a detailed examination and complex contact process, that it is clear that information is missing or incomplete, the political advertising publisher should act without undue delay.
Amendment 242 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency obligations for providers of online political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 245 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of online political advertising that involve the use of personal data.
Amendment 247 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to online political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 250 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. Political content expressed, under the editorial responsibility of a service provider, in the programmes of audiovisual media shall not be considered to be political advertising when it is prepared, placed, promoted, published or disseminated without any form of remuneration from a third party;
Amendment 262 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message, unless it constitutes editorial content under the editorial responsibility of a media service provider or it is of a purely private or purely commercial nature:
Amendment 297 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain online political advertising through any medium;
Amendment 299 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 337 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Where the political advertising publisher becomes aware that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, the publisher shall make reasonable efforts including by contacting the sponsor or the relevant service providers, to complete or correct that information. Until such information is corrected, the political advertising publisher shall not make the political advertisement available or shall remove it, and shall inform the relevant service provider and the sponsor accordingly.
Amendment 344 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. Political advertising publishers which are not very large online platforms within the meaning of Article 25 of Regulation (EU)2022/xxx [Digital Services Act] and very large online search engines as defined in Article 2 of Regulation (EU) 2022/xxx [Digital Services Act] shall ensure that the information contained in the transparency notice is shared with the European library for political advertisements without undue delay. The library shall contain all versions of the advertisement. Information made available on the interface of political advertising publishers shall be provided in a machine-readable format according to common data structure and standards and accessible using a common application programming interface, developed by the Commission in consultation with relevant stakeholders.
Amendment 349 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a European library for political advertisements The Commission shall establish and manage a European library for political advertisements to host, archive and make publicly available the information specified in Annex II of political advertisements that are published over online platforms that are not very large online platforms within the meaning of Article 25 of Regulation xxx [Digital Services Act]and very large online search engines) as defined in Article 2 of Regulation xxx [Digital Services Act].
Amendment 361 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. The political advertising publisher shall inform the interested parties of their observations and decisions related to the notification referred to in paragraph 1. The relevant publishers shall inform the interested parties on the redress mechanism related to the notification.
Amendment 364 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Where a political advertisement has been deemed unlawful by the political advertising publisher, the competent national authorities shall be informed.
Amendment 396 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. Targeting techniques that involve the processing of provided personal data of minors shall be prohibited. Content for minors shall be prohibited to be the subject of targeting techniques.