49 Amendments of Victor NEGRESCU related to 2021/0381(COD)
Amendment 29 #
Proposal for a regulation
Recital 4
Recital 4
(4) The need to ensure transparency is a legitimate public goal as also highlighted in the “Report on the final outcome of the Conference on the Future of Europe” released on 9 May 2022, 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 easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency and due diligence 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 30 #
Proposal for a regulation
Recital 4
Recital 4
(4) The need to ensure transparency is a legitimate public goal as also highlighted in the “Report on the final outcome of the Conference on the Future of Europe” released on 9 May 2022, 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 easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency and due diligence 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 31 #
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. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, freedom of expression, protection of other EU nationals living abroad, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way.
Amendment 32 #
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. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, freedom of expression, protection of the EU citizens living outside the European Union, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way.
Amendment 32 #
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. Specific restrictions exist including on cross-border provisions of political advertising services by affecting directly the capacity to conduct cross-border and pan-European political campaigns. 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 and European legislations are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising.
Amendment 33 #
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. Specific restrictions exist including on cross-border provisions of political advertising services by affecting directly the capacity to conduct cross-border and pan-European political campaigns. 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 and European legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising.
Amendment 33 #
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 - notably for European parties - 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.
Amendment 34 #
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, and represents an obstacle to the creation of a true pan-European public sphere.
Amendment 35 #
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 - notably for European parties - 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.
Amendment 35 #
Proposal for a regulation
Recital 10
Recital 10
(10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency and due diligence obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU.
Amendment 36 #
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, and represent an obstacle to the creation of a true pan-European public sphere.
Amendment 36 #
(11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency and due diligence in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.
Amendment 37 #
Proposal for a regulation
Recital 10
Recital 10
(10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency and due diligence obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU.
Amendment 37 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Regulation should provide for harmonised transparency and due diligence 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 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 38 #
Proposal for a regulation
Recital 11
Recital 11
(11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency and due diligence in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.
Amendment 40 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Regulation should provide for harmonised transparency and due diligence 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 include advertising entirely prepared, promoted, 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 40 #
Proposal for a regulation
Recital 16
Recital 16
(16) The definition of political advertising should include advertising published, promoted or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. 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 42 #
Proposal for a regulation
Recital 17
Recital 17
(17) The publication, promotion or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour at local, national and European level should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective and intention 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 43 #
Proposal for a regulation
Recital 16
Recital 16
(16) The definition of political advertising should include advertising published, promoted or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. 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 48 #
Proposal for a regulation
Recital 17
Recital 17
(17) The publication, promotion or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour at local, national and European level should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective and intention 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 49 #
Proposal for a regulation
Recital 17
Recital 17
(17) The publication or dissemination by other actors of a message that is liable, planned and intended 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, planned and intended to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 50 #
Proposal for a regulation
Recital 29
Recital 29
(29) The rules on transparency and due diligence laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication or dissemination for the specific message, unless the user has been remunerated by a third party for the political advertisement.
Amendment 52 #
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 the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is 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 56 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency and due diligence obligations for sponsored providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 59 #
Proposal for a regulation
Recital 29
Recital 29
(29) The rules on transparency and due diligence laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication or dissemination for the specific message, unless the user has been remunerated by a third party for the political advertisement.
Amendment 62 #
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 the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is 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 62 #
Proposal for a regulation
Chapter II – title
Chapter II – title
II TRANSPARENCY AND DUE DILIGENCE OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES
Amendment 63 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Transparency and due diligence
Amendment 65 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions - including on due diligence - of this Regulation are complied with.
Amendment 69 #
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 including, where appropriate, in the case of European or national parties, the logo of the corresponding European political entity and the entity ultimately controlling the sponsor;
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency and due diligence obligations for sponsored providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the use of any personal data.
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) to contribute to the proper, safe and transparent functioning of the internal market for political advertising and related services;
Amendment 86 #
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, purchase, placement, promotion, publication or dissemination, by any means, in return for a direct payment or any other equivalent remuneration, of a message:
Amendment 93 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable, planned and intended to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 101 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h
Article 2 – paragraph 1 – point 4 – point h
(h) any natural or legal person representing or acting on behalf of any of the persons or organisations in points (a) to (g), or others, promoting the political objectives of any of those.
Amendment 108 #
Proposal for a regulation
Chapter II – title
Chapter II – title
II TRANSPARENCY AND DUE DILIGENCE OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES
Amendment 109 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Transparency and due diligence
Amendment 110 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions - including on due diligence - of this Regulation are complied with.
Amendment 112 #
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 information in a clear, non- discriminatory, salient and unambiguous way:
Amendment 117 #
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 including, where appropriate, in the case of European or national parties, the logo of the corresponding European political entity and the entity ultimately controlling the sponsor;
Amendment 119 #
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 entity ultimately controlling or financing the sponsor;
Amendment 121 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) a transparency notice to enableexplaining 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 124 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The transparency notice shall be included in each political advertisement or be easily retrievable from it, and shall include the following information in a clear and non-discriminatory format:
Amendment 127 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the identity of the sponsor and the entity ultimately controlling or financing the sponsor, and their relevant contact details;
Amendment 131 #
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), 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 political advertising campaign where relevant, and their sources;
Amendment 141 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete and accurate, and where they find this is not the case, they shall not make available the political advertisement.
Amendment 146 #
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, non-discriminatory and clearly visible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication.
Amendment 161 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks and in the European Regulators Group for Audiovisual Media Services, 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, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.