Activities of Nathalie COLIN-OESTERLÉ related to 2021/0381(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
Amendments (20)
Amendment 38 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Regulation should provide for harmonised transparency requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should includes advertising entirely prepared, placed or published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination.
Amendment 39 #
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 locatervice provider is established within the Union or in a third country.
Amendment 41 #
Proposal for a regulation
Recital 17
Recital 17
(17) The publication or dissemination by other actors, such as non-governmental organisations, associations or companies, of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the sponsor, the origin of the sponsor, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 44 #
Proposal for a regulation
Recital 18
Recital 18
(18) Practical information from official sources regarding the organisation and modalities for participation in the elections or referendums should not constitute political advertisingMember State in which the election is taking place should not constitute political advertising if the message only concerns the organisation of and participation in elections or referendums.
Amendment 46 #
Proposal for a regulation
Recital 19
Recital 19
(19) Political views expressed in literary works, in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation.
Amendment 47 #
Proposal for a regulation
Recital 20
Recital 20
(20) For the purpose of this Regulation, election should be understood as the elections to the European Parliament as well as all elections or referendums organised at national, regional and local level in the Member States and elections to establish political party leadership. It should not include other forms of elections such as regional, local and privately organised ballots.
Amendment 48 #
Proposal for a regulation
Recital 23
Recital 23
(23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, or national, regional or local level. Other political organisations should also be included in that definition.
Amendment 49 #
Proposal for a regulation
Recital 26
Recital 26
(26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providany suppliers involved in the preparation, placement, promotion, publication and dissemination of political advertising. The recipient of the political advertisement should be able to trace the whole chain of distribution of the message in order to discover the precise origin of the message, its author and the intermediaries through which it has passed.
Amendment 51 #
Proposal for a regulation
Recital 30
Recital 30
(30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved. Where a message is sent by or on behalf of a political actor, for example via the sending of electronic messages or the use of telephone calling techniques, such as voicemail, it should also be possible to apply transparency requirements.
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point d
Article 2 – paragraph 1 – point 4 – point d
(d) a candidate for any elected office at European, national, regional and loc or national level, or for one of the leadership positions within a political party;
Amendment 59 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point e
Article 2 – paragraph 1 – point 4 – point e
(e) an elected official within a public institution at European, or national, regional or local level level when the message is related to his or her mandate;
Amendment 60 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point f
Article 2 – paragraph 1 – point 4 – point f
(f) an unelected member of government at European, or national, regional or local level;
Amendment 66 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) information on the targeting techniques used in the provision of the service;
Amendment 68 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may be.
Amendment 70 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved online.
Amendment 71 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the identity of the sponsor and contact details;
Amendment 73 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2. The repositories of such publishers should be automatically updated on the website of the contact point designated by each Member State.
Amendment 77 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Where requests pursuant to paragraph 1 are manifestly unfounded, unclear or excessive, in particular because of their lack of clarity or repeated, the service provider may refuse to respond. In this case, the relevant service provider shall send a reasoned response to the interested entity making the request.
Amendment 80 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services. They shall transmit the identity and contact details of their legal representative to the European Cooperation Network on Elections.
Amendment 81 #
Proposal for a regulation
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7 a. The contact point shall prepare an inventory and post-election analysis of political advertisements made during the election period. The publication of these elements shall be made within six months after the election date.