54 Amendments of Michaela ŠOJDROVÁ related to 2022/0277(COD)
Amendment 150 #
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 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 individuals.
Amendment 151 #
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 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 individuals.
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 impartial media coverage, as part of their mission. They provide a forum for public discussion and a means of promoting broader democratic participation of individuals. That is why, media pluralism can only be guaranteed by a proper political balance in the content of public service media. 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., which may expose them to additional vulnerabilities compared to other players in the internal media market to the extent that they threaten their very existence 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. Furthermore, in the absence of harmonised minimum standards, Member States have taken divergent measures that resulted in the fragmentation of the internal media market. This fragmentation may create legal uncertainty and an unfair level playing- field deterring private media services providers from entering the market. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, to put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their mission that enables predictability in their planning. Preferably, such funding should be decided and appropriated on a multi-year basis, in line with the public service mission of public service media providers, to avoid potential for undue influence from yearly budget negotiations and allows them to maintain a competitive position on the internal media market. Preferably, such funding should be decided and appropriated on the basis of predictable, transparent, independent, impartial and non-discriminatory procedures, on a multi-year basis, in line with the public service mission of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The absence of harmonisation in what concerns the allocation of finances to public service media providers may create an unfair advantage for certain players in the internal media market, including advertisers and thus produce significant distortions to the internal media market. 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 193 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Audiovisual and audio media services of general interest that play an important role in the opinion-forming of the public have become more difficult to discover and find in the digital environment as commercial objectives determine which media services are offered prominently to recipients. In view of the abundance of information and the increasing use of digital means to access the media, it is key that Member States take effective measures to ensure the appropriate prominence of audiovisual and audio media services of general interest under defined general interest objectives such as media pluralism, freedom of speech, access to reliable information, social cohesion and cultural diversity. To effectively realise these general interest objectives, a Member State should tailor prominence measures to its specific national context and media market. A Member State should identify the services that are considered as general interest in its jurisdiction in a transparent and objective manner.
Amendment 238 #
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 withat its own initiative or upon the Commission or upon it’s request in the cases envisaged by this Regulation. In order to effectively and independently 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. The secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 294 #
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 mayshould 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 334 #
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. Any media service provider considering to be directly affected by such a measure should be able to request the Board to issue an opinion on such measures.
Amendment 343 #
Proposal for a regulation
Recital 41
Recital 41
(41) National regulatory authorities or bodies, as well as press self-regulatory bodies, media experts, civil society organisations and representatives of academia. 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 independence 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 355 #
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 notifiable 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, 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 its own initiative or upon request of the Commission. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 360 #
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. Furthermore, the results of the annual Commission Rule of Law report presented in the chapters on media pluralism 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 439 #
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, content or press publications and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
Amendment 467 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any national or regional public authority, such as national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level, or any local government of a territorial entity of more than 1 million inhabitants;
Amendment 468 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any national or regional public authority, such as national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level, or any local government of a territorial entity of more than 1 million inhabitants;
Amendment 488 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Recipients of media services in the Union shall have the right to receive a plurality of news and current affairs content, produced with respect for editorial freedom of media service providers, without any interference from state, to the benefit of the public discourse.
Amendment 512 #
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 to handle complaints lodged by media service providers or, if applicable, their family members, their employees or their family members, and scrutinize the application of the safeguards under the Recommendation, 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 526 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Public service media providers shall provide in an impartial and independent manner a plurality of information and opinions to their audiences, in accordance with their public service mission.
Amendment 542 #
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.
Amendment 543 #
3a. Member States shall appoint an independent authority which, in case of doubt, will issue a non-binding opinion about the amount needed for public service media providers to fulfill the remit as defined by the Member States.
Amendment 546 #
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 and scrutinize the application of the safeguards under the Recommendation.
Amendment 548 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article5a Prominence for audiovisual and audio media services of general interest Member States shall take measures to ensure the appropriate prominence of audiovisual and audio media services of general interest. This Regulation, Directives 2010/13/EU and 2000/31/EC and Regulation (EU) 2022/2065 shall not affect the competence of Member States and shall be without effect to existing prominence measures. References to Article 7a of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 shall be read as references to Article 5a of this Regulation.
Amendment 561 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) their legal name and, contact details and registration numbers;
Amendment 576 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) whether and if so to what extent their direct or beneficial ownership is held by the government, a state institution, state-owned enterprise or other public body;
Amendment 578 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) whether and if so to what extent their direct or beneficial ownership is held by the government, a state institution, state-owned enterprise or other public body;
Amendment 589 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. National regulatory authorities or bodies established in accordance with Directive 2010/13/ EU shall establish national databases of media ownership. This database shall be publicly available. Where the ownership changes, the media service provider shall update the information without undue delay.
Amendment 591 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Media service providers shall update the information made available according to paragraph 1 without any delay of any change to their ownership or control arrangements.
Amendment 592 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. National regulatory authorities or bodies established in accordance with Directive 2010/13/ EU shall establish or supervise national databases of media ownership.
Amendment 594 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. National regulatory authorities or bodies shall monitor and produce regularly reports regarding the ownership in media markets within their Member State. In order to assess the accuracy of the information on media ownership made available pursuant to paragraph 4, national regulatory authorities or bodies may request from media service providers further information.
Amendment 599 #
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. National regulatory authorities or bodies established in accordance with Directive 2010/13/ EU shall establish national databases of media ownership.
Amendment 627 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Heads of the editorial department of a media service provider and journalists shall have the right to refuse to sign off on an article or programme if any part of the content has been modified in disregard with the editorial decision- making processes
Amendment 655 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the national regulatory authorities or bodies have adequate financial, human and technical resources to carry out their tasks under this Regulation. The political and operational independence of national regulatory authorities shall be ensured through independent appointments procedures;
Amendment 656 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member Sstates shall ensure that the national regulatory authorities or bodies have adequatproportionate and sustainable financial, human and technical resources to carry out their tasks under this Rregulation and guarantee their full independence.
Amendment 659 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member states shall ensure the organisational and functional autonomy of the national regulatory authorities or bodies.
Amendment 664 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 a (new)
Article 7 – paragraph 4 – subparagraph 1 a (new)
National regulatory authorities or bodies shall hold regular consultations with the representatives of media services providers, civil society organisations, media experts and representatives of academia. The results of these consultations shall be reflected in reports published annually and made publically available.
Amendment 685 #
1a. In addition to the Board, an advisory body consisting of representatives from the media sector shall be established.The advisory body shall advise the Board on issues related to media pluralism andmedia and press freedom.The advisory body shall consist of one representative of the media sector per Member State. In Member States where self-regulatory media or press councils exist, the media sector representative shall be appointed by the associations of journalists, editors, and civil society organisations that appoint, or nominate in the case of co-regulation, the member of the advisory board. In Member States where no self-regulatory media or presscouncil exists, the media sectorrepresentative shall be appointed by a consortium of journalists, editors, and civil society associations established for this purpose.
Amendment 706 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, inmay invite experts and, with the agreement withof the Commission, may invite experts and observers to attend its meetings.
Amendment 716 #
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. The Board shall organise annual consultations with representatives of the media services providers, civil society representatives, independent media experts and the representatives of academia. The results of these consultations shall be reflected in the preparation of its work programme and main deliverables.
Amendment 730 #
Proposal for a regulation
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8a. The Board must include in its working rules a mechanism for assessing the independence of an NRA and, where a NRA fails to meet its obligations for political independence, have the power to take measures including suspension or exclusion from membership.
Amendment 782 #
Proposal for a regulation
Article 12 – paragraph 1 – point c a (new)
Article 12 – paragraph 1 – point c a (new)
(ca) support the Commission on scrutiny of safeguards under the Recommendation for media companies receiving State and EU funding or contracting State or EU advertising;
Amendment 827 #
Proposal for a regulation
Article 12 – paragraph 1 – point g a (new)
Article 12 – paragraph 1 – point g a (new)
(ga) Examine the state of media freedom in each Member State and issue an annual report in accordance with Article 15(4a) of this Regulation;
Amendment 848 #
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Article 12 – paragraph 1 – point m a (new)
(ma) establish EU wide ownership monitoring methodology and coordinate national monitoring in accordance with Art 6 of this regulation;
Amendment 957 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The Board, in consultation with the Commission, shall draw up a list of criteria that national regulatory authorities or bodies may take into consideration when exercising their regulatory powers over media service providers referred to in paragraph 1. Measures are taken in a necessary and proportionate manner, considering in particular whether the broadcast content, when received on the territory of the EU, is legally commercialized or captured illegally, and received through standard satellite equipment or special equipment.
Amendment 981 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) it is a media service provider within the meaning of Article 2(2); and
Amendment 1063 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. With a view to facilitating the consistent and effective implementation of this Article, the Commission mayshall issue guidelines to establish the form and details of the declaration set out in paragraph 1.
Amendment 1128 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon its own initiative or upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 1138 #
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. Media service providers considering to be directly affected by such measures shall be able to request the Board to issue an opinion on that measure.
Amendment 1139 #
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. Media service providers considering to be directly affected by such measures shall be able to request the Board to issue an opinion.
Amendment 1147 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall providelay down, in their national legal systems, substantive and procedural rules which ensure an assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence. These rules shall:
Amendment 1175 #
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 theindependence of editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions;
Amendment 1181 #
Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)
Article 21 – paragraph 2 – point c a (new)
(ca) the results of the annual Commission Rule of Law Reports and the Media Pluralism Monitor in assessment of any systemic risks to media freedom and media pluralism in the particular Member State
Amendment 1205 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, upon its own initiative or upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2). The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 1281 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers, which shall include at least the following details:
Amendment 1283 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including EU instituions, national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers, which shall include at least the following details:
Amendment 1333 #
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Article 25 – paragraph 3 – point c a (new)
(ca) a detailed analysis of the allocation of state advertising;
Amendment 1337 #
Proposal for a regulation
Article 25 – paragraph 3 – point c b (new)
Article 25 – paragraph 3 – point c b (new)
(cb) an analysis of the rules and practices in the allotment of public subsidies to media services.