Activities of Ibán GARCÍA DEL BLANCO 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 (94)
Amendment 73 #
Proposal for a regulation
Recital 3
Recital 3
(3) The right of persons with disabilities and of the elderly to participate and be integrated in thepolitical and democratic life of the Union should be ensured. 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.
Amendment 78 #
Proposal for a regulation
Recital 4
Recital 4
(4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easyTransparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. However, it is often a challenge for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices.
Amendment 79 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In order to ensure a proper application of this Regulation and enhance transparency, it is also needed that Members States and EU service providers contribute to enhance the digital and media literacy of the citizens. Digital and media literacy should be understood as the knowledge, skills and understanding that allow citizens to engage effectively with media and other information providers and with the relation to political advertising, acquiring a basic knowledge on the notions and skills required to ensure compliance with and enforcement of this Regulation.
Amendment 83 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the context of advertising, including 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. Given the power and the potential for the misuse of personal data of targeting, in particular online, including through microtargeting and other advanced techniques, the use of such techniques mayfor the purpose of political advertising presents 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 86 #
Proposal for a regulation
Recital 6
Recital 6
(6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms, whether it is on the online environment that the dissemination of political advertising are particularly challenging and need to be reinforced in the regulation. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated, mainly online, without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising.
Amendment 88 #
Proposal for a regulation
Recital 7
Recital 7
(7) To provide enhanced transparency of political advertising including to address citizens' concerns, some Member States have already explored or are considering additional measures to address the transparency of political advertising and to support a fair political debate and free and fair elections or referendums. These national measures are in particular considered for advertising published and disseminated online and may include further prohibitions. These measures vary from soft to binding measures and imply different elementvels of transparency.
Amendment 91 #
Proposal for a regulation
Recital 8
Recital 8
(8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers. The principle that what is illegal offline should be illegal online should be ensured also in the context of political advertising services.
Amendment 95 #
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. 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 104 #
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 tlack of skills, knowledge and understanding on digital and media literacy by promoting tools and measures for the development of digital and media literacy programmes, including through education and training, skilling and reskilling programmes and ensuring proper gender and age balance in view of allowing a democratic control of political advertising. This Regulation thatshould also address the use of targeting and amplificationd delivery techniques are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include 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 108 #
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 amplificationd delivery. 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.
Amendment 118 #
Proposal for a regulation
Recital 19
Recital 19
(19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remunerationsubject to the editorial responsibility of a media service provider, without direct payment or equivalent remuneration, observant of ethics and accountable journalism practices and Union law, including the Charter of Fundamental Rights, should not be considered political advertising and should not be covered by this Regulation.
Amendment 129 #
(23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations and their affiliated and subsidiary entities should also be included in that definition.
Amendment 131 #
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 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 online and offline media and at different times within the same electoral cycle, as well as political messages on broad societal issues disseminated at any time..
Amendment 135 #
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 providers involved in the preparation, placement, promotion, publication and dissemination of political advertising.
Amendment 138 #
Proposal for a regulation
Recital 27
Recital 27
(27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for either by another or by themselves.
Amendment 143 #
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 nothe service involves political advertising service is involved.
Amendment 148 #
Proposal for a regulation
Recital 33
Recital 33
(33) The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, uprocessing personal data collected directly from the user of the service and from the users’ online conduct, as well as inferred data.
Amendment 150 #
Proposal for a regulation
Recital 34
Recital 34
(34) In view of the importance of guaranteeing in particular the effectiveness of the transparency and due diligence requirements including to ease their oversight, providers of political advertising services should ensure that any political advertisement is labelled as such and that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is received from and/or provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services.
Amendment 153 #
Proposal for a regulation
Recital 36
Recital 36
(36) Steps could also include providing an efficient mechanism for individuals to indicate that a political advertisement is political, regardless if it relates to an electoral cycle, a legislative or regulatory process or to apolitical message disseminated at any time on broad societal issues, and taking effective action in response to such indications.
Amendment 155 #
Proposal for a regulation
Recital 37
Recital 37
(37) While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content shared by natural or legal persons, nor should they be understood as imposing a general obligation on intermediary service providers to take proactive measures in relation to illegal content or activities which those providers transmit or store.
Amendment 157 #
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, regardless if the political advertisement relates to an electoral cycle, a legislative or regulatory process or to political messages disseminated at any time on broad societal issues. 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 160 #
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, in order to support accountability in the political process, regardless if the political advertisement relates to an electoral cycle, a legislative or regulatory process or to political messages disseminated at any time on broad societal issues. 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. 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]. Providers of political advertising services should make their best efforts to ensure that the information is complete and accurate.
Amendment 168 #
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. Where political advertising publishing become aware that a political advertisement does not comply with the transparency requirements, it should discontinue the publication or dissemination until the information is completed or corrected. 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 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 analysing the political advertisement landscape, as well as the dissemination at any time of political messages on broad societal issues.
Amendment 173 #
Proposal for a regulation
Recital 44
Recital 44
(44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support transparency, oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifyingany category of undertakings and groups under Article 3(3) of Directive 2013/34/EU.
Amendment 180 #
Proposal for a regulation
Recital 47
Recital 47
(47) Personal data collected directly from individuals, or indirectly such as observed or inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This negatively impacts the democratic process. Additional restrictions and conditions compared to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 should be provided. The conditions set out in this Regulation on the use of targeting and amplificationd delivery techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU. _________________ 11 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 12 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
Amendment 184 #
Proposal for a regulation
Recital 48
Recital 48
(48) Targeting and amplificationd delivery techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibited. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not- for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2016/679 and Article 10(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2018/1725 respectively for using techniques targeting and amplificationd delivery techniques to publish, promote or disseminate political advertising involving the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and 10(1) of Regulation (EU) 2018/725.
Amendment 188 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplificationd delivery 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 amplifydeliver their content and keep record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting and amplificationd delivery 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 192 #
Proposal for a regulation
Recital 50
Recital 50
(50) Political advertising publishers making use of targeting or amplificationd delivery techniques should include in their transparency notice necessary, intelligible and accessible information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the controller. In case the controller is different from the advertising publisher the controller should transmit to political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the necessary, intelligible and accessible information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards.
Amendment 202 #
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 amplificationd delivery 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 and straightforward language.
Amendment 213 #
Proposal for a regulation
Recital 58
Recital 58
(58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered to effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13 . _________________ 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1).
Amendment 220 #
Proposal for a regulation
Recital 61
Recital 61
(61) With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services are not subject to any disproportionate burdens, it is necessary to set certain conditions that those requests should meet. In the interest of the timely oversight of an election process in particular, providers of political advertising services should quickly respond to requests from competent authorities, and always within 10three working days upon receipt of the measure in case of electoral processes, and seven working days in case of political messages on broad societalissues disseminated at any time. . In the interest of legal certainty and in compliance with the rights of defence, requests to provide information from a competent authority should contain an adequate statement of reasons and information about available redress. Providers of political advertising services should designate contact points for the interaction with the competent authorities. Such contact points could be electronic.
Amendment 235 #
Proposal for a regulation
Recital 67
Recital 67
(67) Within two years aftera 12-month period following each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should also take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union, as well as political messages on broad societal issues. The report should review inter alia the continued suitability of the provisions of this Regulation’s annexes and consider the need for their revision.
Amendment 241 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency and due diligence obligations for providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 246 #
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 amplificationd delivery techniques in the context of the publication, dissemination or promotion of political advertising that involve the useprocessing of personal data.
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to 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 251 #
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) to contribute to the properset out rules for the safe, predictable and trusted functioning of the internal market ofor political advertising and related services, ensuring that fundamental rights and freedoms enshrined in the Charter are effectively protected;
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
Article 1 – paragraph 3 – point b a (new)
(b a) to uphold the values on which the Union is founded as established by Article 2 TEU, in particular the respect for democracy and freedom, by guaranteeing that citizens can exercise their democratic rights in an informed manner and free from manipulation and to promote digital and media literacy among citizens.
Amendment 254 #
Proposal for a regulation
Article 1 – paragraph 4 – introductory part
Article 1 – paragraph 4 – introductory part
4. This Regulation complements and is without prejudice to the rules laid down in the following:
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 4 – point i
Article 1 – paragraph 4 – point i
(i) Regulation (EU) 20212/xxx [the Digital Services Act] and Regulation (EU)2022/xxx (the Digital Markets Act).
Amendment 265 #
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,a service consisting on the placement, promotion, publication or dissemination, by any means, of a message:
Amendment 270 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence voting behaviour or the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 271 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b a (new)
Article 2 – paragraph 1 – point 2 – point b a (new)
(b a) which seeks to influence public opinion on broad societal issues.
Amendment 273 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a a (new)
Article 2 – paragraph 1 – point 4 – point a a (new)
(a a) a government, bodies of governments with or without legal personality, a local government, bodies of local governments with or without legal personality and public foundations thereof;
Amendment 274 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a b (new)
Article 2 – paragraph 1 – point 4 – point a b (new)
(a b) the European Parliament, national, regional and local parliaments;
Amendment 275 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a c (new)
Article 2 – paragraph 1 – point 4 – point a c (new)
(a c) a Union institution and its bodies with or without legal personality;
Amendment 276 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a d (new)
Article 2 – paragraph 1 – point 4 – point a d (new)
(a d) international and intergovernmental organisations;
Amendment 281 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point g
Article 2 – paragraph 1 – point 4 – point g
(g) a political campaign organisation with or without legal personality, established to achievinfluence a specific outcome in an election or referendum;
Amendment 287 #
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;
Amendment 288 #
7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published or disseminated;
Amendment 289 #
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 politicalavailable to and used by the sponsors of advertisements to determine the potential audience of an advertisement that is, a group of individuals who are eligible to or excluded from being displayed the advertisement;
Amendment 290 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
Amendment 291 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State, as defined in national legislation, and during which the campaign activities are subject to specific rules;
Amendment 298 #
Amendment 300 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Identification of a political advertisement For the purpose of determining whether a message constitutes political advertising within the meaning of Article 2(2)(b), account shall be taken of all its features, and in particular of the following: (a) the content; (b) the language used to convey the message; (c) the means by which the message is promoted, published or disseminated; (d) the potential audience targeted by the sponsor; (e) the context in which the message is conveyed, including the period of dissemination such as electoral or referendum periods; (f) whether the message is designed to influence the relevant electorate; (g) the objective of the message (h) whether it responds to ethical journalistic practices and codes of conduct.
Amendment 304 #
Proposal for a regulation
Chapter II – title
Chapter II – title
II TRANSPARENCY, DUE DILIGENCE AND ACCESSIBILITY OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES
Amendment 306 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Political advertising services shall be diligently provided in a transparent and accesible manner in accordance with the obligations laid down in Articles 54a to 11 and 14 of this Regulation.
Amendment 307 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Accessibility Political advertising publishers shall ensure that political advertisements and the transparency obligations laid down in this Regulation are accessible to persons with disabilities by complying with relevant accessibility requirements laid down in Annex I of Directive (EU) 2019/881.
Amendment 309 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Providers of political advertising services shall request sponsors and providers of political advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration.
Amendment 310 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Due diligence by service providers Providers of advertising services shall do their best efforts to comply with all the requirements established in this Regulation to ensure that only political advertising meeting the requirements of Article 7 of this Regulation is published and disseminated.
Amendment 312 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided and their sources; and
Amendment 313 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) where applicable, the identity of the sponsor and its contact details and, where applicable, the identity and contact details of the natural or legal person ultimately controlling the sponsor.
Amendment 315 #
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 318 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In the context of the provision of political advertising services, each political advertisement shall be made available with the following informationby the publisher to the recipients of their service with the following information presented within the advertisement in a clear, salient and unambiguous way:
Amendment 320 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a clear and straightforward statement to the effect that it is a political advertisement;
Amendment 321 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the identity of the sponsor of the political advertisement and the entitynatural or legal person ultimately controlling or funding the sponsor;
Amendment 322 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) a transparency notice to enable the understanding by the recipient of the service of the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved.;
Amendment 323 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(c a) where applicable, a clear and straightforward statement that the advertisement is using targeting techniques on the use of personal data and information on the data processed for that purpose.
Amendment 324 #
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, including the place of establishment;
Amendment 325 #
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) where applicable, the identity of the natural or legal person ultimately controlling the sponsor and their contact details, including the respective place of establishment;
Amendment 328 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) based among others on information received in line with Article 6(3), detailed information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the respective political advertising campaign where relevant, and their sources;
Amendment 329 #
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) where applicable, an detailed indication of elections or referendums with which the advertisement is linked, and the relevant electoral cycles;
Amendment 330 #
Proposal for a regulation
Article 7 – paragraph 2 – point d a (new)
Article 7 – paragraph 2 – point d a (new)
Amendment 331 #
Proposal for a regulation
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) where applicable, links to online repositories of advertisements where the advertisement is available;
Amendment 332 #
Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(e a) where applicable, links to aggregate information on all advertisements that have been placed, promoted, published or disseminated on behalf of the same sponsor or political actor;
Amendment 335 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonableevery efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and whereaccurate, should they find this is not the case, they shall not make available the political advertisement or shall discontinue it.
Amendment 338 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Should the sponsor or the providers of political advertising services identify that the information transmitted to or published by the political advertising publisher is incomplete or inaccurate, they shall contact the publisher concerned without undue delay and, as relevant, transmit complete or accurate information to the political advertising publisher.
Amendment 340 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain languageand straightforward language, and having due regard to accessibility requirements as laid out in Article 4. The information shall be published by the political advertising publisher with the political advertisement from its first publication until onfive years after its last publication.
Amendment 351 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where they provide pPolitical 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, including on the use of targeting and amplificationd delivery 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 352 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 356 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals or entities to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 363 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Political advertising publisher may suspend the processing of notices and complaints submitted by individuals and entities that frequently submit notices that are manifestly unfounded.
Amendment 371 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Due diligence for political advertising services 1. Providers of political advertising shall not be liable for the incorrect identification, referred to in Article 5, or incomplete or incorrect information, referred to in Articles 6 and 7, about each political advertisement, as long as the service providers demonstrate that they have: (a) made best efforts to identify all instances of political advertising, and (b) made best efforts to ensure the correctness and completeness of the information of all instances of political advertising; and (c) upon receiving and examining a notice submitted according to Article 9, to stop making available the unlawful political advertisement, and made best efforts to prevent their future incorrect uploads in accordance with points (a) and (b).
Amendment 389 #
Proposal for a regulation
Chapter III – title
Chapter III – title
III TARGETING AND AMPLIFICATIOND DELIVERY OF POLITICAL ADVERTISING
Amendment 391 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Specific requirements related to targeting and amplificationd delivery (The amendment consisting in replacing 'amplification' with 'ad delivery' applies throughout the article. Adopting it will necessitate corresponding changes throughout.)
Amendment 410 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 419 #
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
Article 15 – paragraph 5 – point c a (new)
(c a) promote media and digital literacy programmes to foster the knowledge, skills and understanding that allow both, citizens and political advertising service providers, to engage effectively with the publication and dissemination of political advertising, and to ensure compliance with and the enforcement of this Regulation.
Amendment 421 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation, and ensure good cooperation with other contact points and authorities at Union level.
Amendment 426 #
Proposal for a regulation
Article 15 – paragraph 8 – point c
Article 15 – paragraph 8 – point c
(c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a timeframe proportionate to the urgency of the requestout undue delay provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested.
Amendment 429 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Contact points shall meet periodicat least biannually at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 434 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Infringements of Article 7s 5, 7 and 10a shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised.
Amendment 440 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Right to lodge a complaint 1. Without prejudice to any other administrative or judicial remedy, every natural or legal person shall have the right to lodge a complaint before the competent authorities exercising their supervisory tasks in relation to this Regulation, if the natural or legal person considers that their fundamental rights, the right to an explanation or any other of the rights deriving from this Regulation have been breached by the political advertising service provider. Such complaint may be lodge through a representative action for the protection of the collective interests of consumers as provided under Directive (EU) 2020/1828. 2. Natural or legal persons shall have a right to be heard in the complaint handling procedure and in the context of any investigations conducted as a result of their complaint. 3. The competent authorities exercising their supervisory tasks in relation to this Regulation with which the complaint has been lodged shall inform the complainants about the progress and outcome of their complaint.
Amendment 447 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Within two years aftera 12-month period following each election to the European Parliament and for the first time by 31 December 20265 at the latest, the Commission shall submit and make public a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public.
Amendment 456 #
Proposal for a regulation
Annex I – point d
Annex I – point d
(d) any electionoral cycle, legislative or regulatory process or broad societal issue with which the advertising is linked, if applicable.
Amendment 457 #
Proposal for a regulation
Annex I – point h
Annex I – point h
(h) where the publisher is a very large online platform, a link to the advertisement’s location in the publisher’s advertising repository.