33 Amendments of Tudor CIUHODARU related to 2021/0381(COD)
Amendment 91 #
Proposal for a regulation
Recital 1
Recital 1
(1) The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, “ad-tech” platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content such as product placement, the production of studies and summaries, estimates and forecasts, and the use of influencers and other endorsements. Related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment.
Amendment 93 #
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 latter 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, both around and during electoral campaigns for local, regional, national or other elections, and also in between electoral campaigns, to attract new followers and supporters or to promote various political platforms and programmes.
Amendment 94 #
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 printed and online newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter 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 96 #
Proposal for a regulation
Recital 3
Recital 3
(3) Given that it is normally provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of persons with disabilities, and as such there is a need for political advertising messages targeting and tailored to specific types of disability - for example at people with hearing difficulties or visual impairments.
Amendment 103 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement, which may also be transmitted by accessing personal data - mobile phone or land-line number, email addresses - without the consent of the persons being targeted. Given the power and the potential for the misuse of this personal data ofor targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way.
Amendment 108 #
Proposal for a regulation
Recital 9
Recital 9
(9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross- border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State, especially in situations where citizens originating from Member States other than that in which they live want to vote for candidates in their home country. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market.
Amendment 115 #
Proposal for a regulation
Recital 16
Recital 16
(16) The definition of political advertising should include advertising published or disseminated directly or indirectly by, or published or disseminated directly or indirectly for or on behalf of a political actor, as well as the obligation to use decent language without attacks of any kind on political opponents or opposing candidates. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 122 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to define political advertisement as an instance of 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 and social networks.
Amendment 126 #
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, although such exchanges of information should respect personal data protection rules.
Amendment 130 #
Proposal for a regulation
Recital 32
Recital 32
(32) As regards online intermediaries, Regulation (EU) 2021/XX [Digital Services Act] applies to political advertisements published or disseminated by online intermediaries through horizontal rules applicable to all types of online advertising, including commercial and political advertisements. Based on the definition of political advertising established in this Regulation, it is appropriate to provide additional granularity of the transparency requirements laid out for advertising publishers falling under the scope of Regulation (EU) 2021/XX [Digital Services Act], notably very large platforms. This concerns in particular information related to the amount of funding of political advertisements and the sources of that funding. The requirements of this Regulation leave unaffected the provisions of the Digital Services Act, including as regards risk assessment and mitigation obligations for very large online platforms as regards their advertising systems.
Amendment 133 #
Proposal for a regulation
Recital 38
Recital 38
(38) Transparency of 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, as well as the amounts paid for the material disseminated, which must conform to the provisions on the funding of electoral campaigns in the Member States. 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 134 #
Proposal for a regulation
Recital 39
Recital 39
(39) This information should be provided in a transparency notice which should also include the identity of the sponsor and the sums outlaid for the dissemination of the materials, in order to support accountability in the political process in the event of non-compliance with the provisions in force. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement and compliance with the legal provisions on the funding of electoral campaigns of all types in force in the Member States. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act].
Amendment 135 #
Proposal for a regulation
Recital 42
Recital 42
(42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act] . This will facilitate the work of interested actors including researchers, and especially researchers and campaign monitoring and assessment establishments, in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and amounts allocated in accordance with Member State legislation and by analysing the political advertisement landscape.
Amendment 136 #
Proposal for a regulation
Recital 46
Recital 46
(46) In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations, campaign monitoring and election opinion poll establishments and accredited election observers, in order to support the performance of their respective roles in the democratic process and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly unfounded or excessive. Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information.
Amendment 151 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or amplify their content and keep record of their relevant activities, to avoid influencing the persons targeted to vote one way or another. When publishing, promoting or disseminating a political advertisement making use of targeting and amplification techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery.
Amendment 160 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should encourage the drawing up of codes of conduct, based on criteria agreed at European level with the Member States, as referred to in Article 40 of Regulation (EU) 2016/679 to support the exercise of data subjects’ rights in this context.
Amendment 162 #
Proposal for a regulation
Recital 53
Recital 53
(53) Information to be provided in accordance with all requirements applicable to the use of targeting and amplification techniques under this Regulation should be presented in a format which is easily accessible, clearly visible and user-friendly, including through the use of plain language, and suitable for persons with hearing difficulties and visual impairments.
Amendment 170 #
Proposal for a regulation
Recital 65
Recital 65
(65) Member States should publish the exact duration of their legally-recognised electoral periods, established according to their electoral traditions, sufficiently in advance of the beginning of the electoral calendar.
Amendment 179 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to political advertising aimed at local, regional, national and referendum campaigns 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 193 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘service’ means any self-employed economic activity, normally provided for remuneration, as referred to in Article 57 TFEU, based on a written contract or agreement signed by all the parties involved, as referred to in Article 57 TFEU;
Amendment 208 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding, with a view to elections;
Amendment 210 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published or disseminated based on a written contract or agreement signed by all the parties involved;
Amendment 213 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement, but which must respect personal data rules and not influence voter choices;
Amendment 238 #
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, and may be made available at any time to the competent authorities upon written request and within the time limit laid down by national law or that specified by the applicant.
Amendment 272 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) based among others on things on the information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange, based on a written contract or agreement signed by all the parties involved, for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources;
Amendment 276 #
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) where applicable, an indication of elections or referendums with which the advertisement is linked; and of the dissemination period in conformity with the law in force;
Amendment 286 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Political advertising publishers shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4 and may make them available to the competent authorities at any time upon written request and within the time limit laid down by national law or that specified by the applicant.
Amendment 297 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, based on a written contract or agreement signed by all the parties involved, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 341 #
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) adopt and implement an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals or amplify the content, but without influencing voter choice, and retain such a policy for a period of five years;
Amendment 389 #
Proposal for a regulation
Article 15 – paragraph 9 a (new)
Article 15 – paragraph 9 a (new)
9a. The competent authorities of the Member States shall draw up, at the end of each campaign, election or referendum, reports on the conformity with existing legislation and with this Regulation of service providers providing political advertising services in the Union, as well as with the protection of personal data, when using techniques to target a specific audience or to amplify the impact of political advertising material. Those reports shall be forwarded to the Commission and, in the case of elections to the European Parliament, to the European Parliament.
Amendment 393 #
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) the nature, gravity and duration of the infringement, with a focus on respect for personal data when using techniques to target a specific audience or to amplify the impact of political advertising material which may influence voter choice;
Amendment 407 #
Proposal for a regulation
Annex I – point e
Annex I – point e
(e) the provisional aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known, based on a written contract or agreement signed by all the parties involved.
Amendment 412 #
Proposal for a regulation
Annex I – point f
Annex I – point f
(f) the sources of the funds being used for the specific advertising campaign including for the preparation, placement, promotion, publication and dissemination of the political advertisements, based on a written contract or agreement signed by all the parties involved.