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What changed
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU
(COM(2022)0457 – C90309/2022 – 2022/0277(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2022)0457),
– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90309/2022),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Danish Parliament, the German Bundesrat, the French Senate and the Hungarian Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,
– having regard to the opinion of the European Data Protection Supervisor of 11 November 2022,
– having regard to the opinion of the European Economic and Social Committee of 14 December 2022,
– having regard to the opinion of the Committee of the Regions of 16 March 2023,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the opinions of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on the Internal Market and Consumer Protection,
– having regard to the report of the Committee on Culture and Education (A9-0264/2023),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 1
Amendment 2
Proposal for a regulation
Recital 1 a (new)
Amendment 3
Proposal for a regulation
Recital 2
Amendment 4
Proposal for a regulation
Recital 3
Amendment 5
Proposal for a regulation
Recital 4
Amendment 6
Proposal for a regulation
Recital 5
Amendment 7
Proposal for a regulation
Recital 5 a (new)
Amendment 8
Proposal for a regulation
Recital 5 b (new)
Amendment 9
Proposal for a regulation
Recital 6
Amendment 10
Proposal for a regulation
Recital 7
Amendment 11
Proposal for a regulation
Recital 7 a (new)
Amendment 12
Proposal for a regulation
Recital 8
Amendment 13
Proposal for a regulation
Recital 8 a (new)
Amendment 14
Proposal for a regulation
Recital 9
Amendment 15
Proposal for a regulation
Recital 10
Amendment 16
Proposal for a regulation
Recital 11
Amendment 17
Proposal for a regulation
Recital 14
Amendment 18
Proposal for a regulation
Recital 15
Amendment 19
Proposal for a regulation
Recital 16
Amendment 20
Proposal for a regulation
Recital 16 a (new)
Amendment 21
Proposal for a regulation
Recital 16 b (new)
Amendment 22
Proposal for a regulation
Recital 17
Amendment 23
Proposal for a regulation
Recital 17 a (new)
Amendment 24
Proposal for a regulation
Recital 18
Amendment 25
Proposal for a regulation
Recital 18 a (new)
Amendment 26
Proposal for a regulation
Recital 18 b (new)
Amendment 27
Proposal for a regulation
Recital 19
Amendment 28
Proposal for a regulation
Recital 19 a (new)
Amendment 29
Proposal for a regulation
Recital 20
Amendment 30
Proposal for a regulation
Recital 21
Amendment 31
Proposal for a regulation
Recital 22
Amendment 32
Proposal for a regulation
Recital 23
Amendment 33
Proposal for a regulation
Recital 23 a (new)
Amendment 34
Proposal for a regulation
Recital 24
Amendment 35
Proposal for a regulation
Recital 24 a (new)
Amendment 36
Proposal for a regulation
Recital 25
Amendment 37
Proposal for a regulation
Recital 26
Amendment 38
Proposal for a regulation
Recital 27
Amendment 39
Proposal for a regulation
Recital 28
Amendment 40
Proposal for a regulation
Recital 28 a (new)
Amendment 41
Proposal for a regulation
Recital 29
Amendment 42
Proposal for a regulation
Recital 30
Amendment 43
Proposal for a regulation
Recital 31
Amendment 44
Proposal for a regulation
Recital 32
Amendment 45
Proposal for a regulation
Recital 33
Amendment 46
Proposal for a regulation
Recital 34
Amendment 47
Proposal for a regulation
Recital 35
Amendment 48
Proposal for a regulation
Recital 35 a (new)
Amendment 49
Proposal for a regulation
Recital 36
Amendment 50
Proposal for a regulation
Recital 37
Amendment 51
Proposal for a regulation
Recital 37 a (new)
Amendment 52
Proposal for a regulation
Recital 37 b (new)
Amendment 53
Proposal for a regulation
Recital 38
Amendment 54
Proposal for a regulation
Recital 39
Amendment 55
Proposal for a regulation
Recital 40
Amendment 56
Proposal for a regulation
Recital 41
Amendment 57
Proposal for a regulation
Recital 42
Amendment 58
Proposal for a regulation
Recital 43
Amendment 59
Proposal for a regulation
Recital 44
Amendment 60
Proposal for a regulation
Recital 45
Amendment 61
Proposal for a regulation
Recital 46
Amendment 62
Proposal for a regulation
Recital 47
Amendment 63
Proposal for a regulation
Recital 48
Amendment 64
Proposal for a regulation
Recital 49
Amendment 65
Proposal for a regulation
Recital 49 a (new)
Amendment 66
Proposal for a regulation
Recital 50
Amendment 67
Proposal for a regulation
Recital 50 a (new)
Amendment 68
Proposal for a regulation
Recital 51
Amendment 69
Proposal for a regulation
Article 1 – paragraph 1
Amendment 70
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Amendment 71
Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
Amendment 72
Proposal for a regulation
Article 1 – paragraph 2 – point a b (new)
Amendment 73
Proposal for a regulation
Article 1 – paragraph 2 – point a c (new)
Amendment 74
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Amendment 75
Proposal for a regulation
Article 1 – paragraph 2 – point d
Amendment 76
Proposal for a regulation
Article 1 – paragraph 2 – point e
Amendment 77
Proposal for a regulation
Article 1 – paragraph 2 – point f a (new)
Amendment 78
Proposal for a regulation
Article 1 – paragraph 2 – point f b (new)
Amendment 79
Proposal for a regulation
Article 1 – paragraph 3
Amendment 80
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Amendment 81
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Amendment 82
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Amendment 83
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Amendment 84
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Amendment 85
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Amendment 86
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Amendment 87
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Amendment 88
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Amendment 89
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Amendment 90
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Amendment 91
Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
Amendment 92
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Amendment 93
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Amendment 94
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Amendment 95
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Amendment 96
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Amendment 97
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Amendment 98
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Amendment 99
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Amendment 100
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point a
Amendment 101
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Amendment 102
Proposal for a regulation
Chapter II – title
Amendment 103
Proposal for a regulation
Article 3 – paragraph 1
Amendment 104
Proposal for a regulation
Article 4 – paragraph 1
Amendment 105
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Amendment 106
Proposal for a regulation
Article 4 – paragraph 2 – point a
Amendment 107
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Amendment 108
Proposal for a regulation
Article 4 – paragraph 2 – point b
Amendment 109
Proposal for a regulation
Article 4 – paragraph 2 – point b a (new)
Amendment 110
Proposal for a regulation
Article 4 – paragraph 2 – point c
Amendment 111
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Amendment 112
Proposal for a regulation
Article 4 – paragraph 2 – point c b (new)
Amendment 113
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Amendment 114
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Amendment 115
Proposal for a regulation
Article 4 – paragraph 2 c (new)
Amendment 116
Proposal for a regulation
Article 4 – paragraph 2 d (new)
Amendment 117
Proposal for a regulation
Article 4 – paragraph 3
Amendment 118
Proposal for a regulation
Article 5 – paragraph 1
Amendment 119
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Amendment 120
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Amendment 121
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3
Amendment 122
Proposal for a regulation
Article 5 – paragraph 3
Amendment 123
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Amendment 124
Proposal for a regulation
Article 5 – paragraph 4
Amendment 125
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Amendment 126
Proposal for a regulation
Article 6 – paragraph 1 – point a
Amendment 127
Proposal for a regulation
Article 6 – paragraph 1 – point c
Amendment 128
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Amendment 129
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Amendment 130
Proposal for a regulation
Article 6 – paragraph 1 – point c c (new)
Amendment 131
Proposal for a regulation
Article 6 – paragraph 1 – point c d (new)
Amendment 132
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Amendment 133
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Amendment 134
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Amendment 135
Proposal for a regulation
Article 6 – paragraph 1 d (new)
Amendment 136
Proposal for a regulation
Article 6 – paragraph 1 e (new)
Amendment 137
Proposal for a regulation
Article 6 – paragraph 1 f (new)
Amendment 138
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Amendment 139
Proposal for a regulation
Article 6 – paragraph 2 – point a
Amendment 140
Proposal for a regulation
Article 6 – paragraph 2 – point b
Amendment 141
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Amendment 142
Proposal for a regulation
Article 6 – paragraph 3
Amendment 143
Proposal for a regulation
Article 6 a (new)
Amendment 144
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Amendment 145
Proposal for a regulation
Article 7 – paragraph 3
Amendment 146
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Amendment 147
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Amendment 148
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Amendment 149
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Amendment 150
Proposal for a regulation
Article 8 – paragraph 1
Amendment 151
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Amendment 152
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Amendment 153
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Amendment 154
Proposal for a regulation
Article 8 – paragraph 2 c (new)
Amendment 155
Proposal for a regulation
Article 9 – paragraph 1
Amendment 156
Proposal for a regulation
Article 10 – paragraph 4
Amendment 157
Proposal for a regulation
Article 10 – paragraph 5
Amendment 158
Proposal for a regulation
Article 10 – paragraph 6
Amendment 159
Proposal for a regulation
Article 10 – paragraph 8
Amendment 160
Proposal for a regulation
Article 11 – paragraph 1
Amendment 161
Proposal for a regulation
Article 11 – paragraph 3
Amendment 162
Proposal for a regulation
Article 11 a (new)
Amendment 163
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Amendment 164
Proposal for a regulation
Article 12 – paragraph 1 – point a
Amendment 165
Proposal for a regulation
Article 12 – paragraph 1 – point c
Amendment 166
Proposal for a regulation
Article 12 – paragraph 1 – point d
Amendment 167
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Amendment 168
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Amendment 169
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i
Amendment 170
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i a (new)
Amendment 171
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Amendment 172
Proposal for a regulation
Article 12 – paragraph 1 – point f a (new)
Amendment 173
Proposal for a regulation
Article 12 – paragraph 1 – point g
Amendment 174
Proposal for a regulation
Article 12 – paragraph 1 – point h – point ii
Amendment 175
Proposal for a regulation
Article 12 – paragraph 1 – point i
Amendment 176
Proposal for a regulation
Article 12 – paragraph 1 – point j
Amendment 177
Proposal for a regulation
Article 12 – paragraph 1 – point k
Amendment 178
Proposal for a regulation
Article 12 – paragraph 1 – point l
Amendment 179
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Amendment 180
Proposal for a regulation
Article 12 – paragraph 1 – point m b (new)
Amendment 181
Proposal for a regulation
Article 12 – paragraph 1 – point m c (new)
Amendment 182
Proposal for a regulation
Article 12 – paragraph 1 – point m d (new)
Amendment 183
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Amendment 184
Proposal for a regulation
Article 13 – paragraph 1
Amendment 185
Proposal for a regulation
Article 13 – paragraph 2
Amendment 186
Proposal for a regulation
Article 13 – paragraph 3
Amendment 187
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – point b a (new)
Amendment 188
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
Amendment 189
Proposal for a regulation
Article 13 – paragraph 5
Amendment 190
Proposal for a regulation
Article 13 – paragraph 6
Amendment 191
Proposal for a regulation
Article 13 – paragraph 7
Amendment 192
Proposal for a regulation
Article 14 – paragraph 2
Amendment 193
Proposal for a regulation
Article 14 – paragraph 3
Amendment 194
Proposal for a regulation
Article 14 – paragraph 4
Amendment 195
Proposal for a regulation
Article 14 – paragraph 5
Amendment 196
Proposal for a regulation
Article 15 – paragraph 1
Amendment 197
Proposal for a regulation
Article 15 – paragraph 2 – point b
Amendment 198
Proposal for a regulation
Article 15 – paragraph 3
Amendment 199
Proposal for a regulation
Article 15 – paragraph 4
Amendment 200
Proposal for a regulation
Article 16 – title
Amendment 201
Proposal for a regulation
Article 16 – paragraph 1
Amendment 202
Proposal for a regulation
Article 16 – paragraph 1 – point a (new)
Amendment 203
Proposal for a regulation
Article 16 – paragraph 1 – point b (new)
Amendment 204
Proposal for a regulation
Article 16 – paragraph 2
Amendment 205
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Amendment 206
Proposal for a regulation
Article 16 – paragraph 2 b (new)
Amendment 207
Proposal for a regulation
Article 16 – paragraph 2 c (new)
Amendment 208
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Amendment 209
Proposal for a regulation
Article 17 – paragraph 1 – point a
Amendment 210
Proposal for a regulation
Article 17 – paragraph 1 – point b
Amendment 211
Proposal for a regulation
Article 17 – paragraph 1 – point c
Amendment 212
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Amendment 213
Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)
Amendment 214
Proposal for a regulation
Article 17 – paragraph 1 – point c c (new)
Amendment 215
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Amendment 216
Proposal for a regulation
Article 17 – paragraph 1 b (new)
Amendment 217
Proposal for a regulation
Article 17 – paragraph 1 c (new)
Amendment 218
Proposal for a regulation
Article 17 – paragraph 1 d (new)
Amendment 219
Proposal for a regulation
Article 17 – paragraph 1 e (new)
Amendment 220
Proposal for a regulation
Article 17 – paragraph 2
Amendment 221
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Amendment 222
Proposal for a regulation
Article 17 – paragraph 3
Amendment 223
Proposal for a regulation
Article 17 – paragraph 4
Amendment 224
Proposal for a regulation
Article 17 – paragraph 5 – point a
Amendment 225
Proposal for a regulation
Article 17 – paragraph 5 – point b
Amendment 226
Proposal for a regulation
Article 17 – paragraph 5 – point b a (new)
Amendment 227
Proposal for a regulation
Article 17 – paragraph 6
Amendment 228
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Amendment 229
Proposal for a regulation
Article 18 – paragraph 1
Amendment 230
Proposal for a regulation
Article 18 – paragraph 1 – point a (new)
Amendment 231
Proposal for a regulation
Article 18 – paragraph 1 – point b (new)
Amendment 232
Proposal for a regulation
Article 18 – paragraph 1 – point c (new)
Amendment 233
Proposal for a regulation
Article 18 – paragraph 2
Amendment 234
Proposal for a regulation
Article 19 – title
Amendment 235
Proposal for a regulation
Article 19 – paragraph 1
Amendment 236
Proposal for a regulation
Article 19 – paragraph 2
Amendment 237
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Amendment 238
Proposal for a regulation
Article 20 – paragraph 1
Amendment 239
Proposal for a regulation
Article 20 – paragraph 2
Amendment 240
Proposal for a regulation
Article 20 – paragraph 3
Amendment 241
Proposal for a regulation
Article 20 – paragraph 4
Amendment 242
Proposal for a regulation
Article 20 – paragraph 5
Amendment 243
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Amendment 244
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Amendment 245
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point c
Amendment 246
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Amendment 247
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
Amendment 248
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d b (new)
Amendment 249
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Amendment 250
Proposal for a regulation
Article 21 – paragraph 2 – point a
Amendment 251
Proposal for a regulation
Article 21 – paragraph 2 – point b
Amendment 252
Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)
Amendment 253
Proposal for a regulation
Article 21 – paragraph 3
Amendment 254
Proposal for a regulation
Article 21 – paragraph 4
Amendment 255
Proposal for a regulation
Article 21 – paragraph 5
Amendment 256
Proposal for a regulation
Article 21 – paragraph 6
Amendment 257
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Amendment 258
Proposal for a regulation
Article 22 – paragraph 1
Amendment 259
Proposal for a regulation
Article 22 – paragraph 2
Amendment 260
Proposal for a regulation
Article 22 – paragraph 3
Amendment 261
Proposal for a regulation
Article 22 a (new)
Amendment 262
Proposal for a regulation
Article 23 – paragraph 1
Amendment 263
Proposal for a regulation
Article 23 – paragraph 2
Amendment 264
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Amendment 265
Proposal for a regulation
Article 23 – paragraph 3
Amendment 266
Proposal for a regulation
Article 23 – paragraph 4
Amendment 267
Proposal for a regulation
Article 23 – paragraph 5
Amendment 268
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Amendment 269
Proposal for a regulation
Article 24 – title
Amendment 270
Proposal for a regulation
Article 24 – paragraph 1
Amendment 271
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Amendment 272
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Amendment 273
Proposal for a regulation
Article 24 – paragraph 2 – point a
Amendment 274
Proposal for a regulation
Article 24 – paragraph 2 – point a a (new)
Amendment 275
Proposal for a regulation
Article 24 – paragraph 2 – point b
Amendment 276
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Amendment 277
Proposal for a regulation
Article 24 – paragraph 2 – point b b (new)
Amendment 278
Proposal for a regulation
Article 24 – paragraph 3
Amendment 279
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Amendment 280
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Amendment 281
Proposal for a regulation
Article 25 – paragraph 1
Amendment 282
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Amendment 283
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Amendment 284
Proposal for a regulation
Article 25 – paragraph 3 – point a
Amendment 285
Proposal for a regulation
Article 25 – paragraph 3 – point b
Amendment 286
Proposal for a regulation
Article 25 – paragraph 3 – point b a (new)
Amendment 287
Proposal for a regulation
Article 25 – paragraph 3 – point c
Amendment 288
Proposal for a regulation
Article 25 – paragraph 3 – point c a (new)
Amendment 289
Proposal for a regulation
Article 25 – paragraph 3 – point c b (new)
Amendment 290
Proposal for a regulation
Article 25 – paragraph 3 – point c c (new)
Amendment 291
Proposal for a regulation
Article 25 – paragraph 3 – point c d (new)
Amendment 292
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Amendment 293
Proposal for a regulation
Article 25 – paragraph 4
Amendment 294
Proposal for a regulation
Article 26 – paragraph 1
Amendment 295
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 2
EXPLANATORY STATEMENT
A. Background
On 16 September 2022, the Commission published its eagerly awaited proposal establishing a common framework for media services in the internal market (the ‘European Media Freedom Act’) with the overall objective of laying down common rules for the proper functioning of the internal market for media services. The proposal also provides for the establishment of a European Board for Media Services (the ‘Board’), which will replace the European Regulators Group for Audiovisual Media Services (ERGA), which was established by the Audiovisual Media Services Directive. The proposal has a broad media policy perspective, covering the entire information ecosystem, affecting both media companies and journalists as providers of information services as well as citizens and businesses as recipients of information. The proposal also covers all types of media and the content of media service providers on very large online platforms.
B. Consideration of the proposal at the European Parliament
The proposal is of major political importance, particularly for the European Parliament’s Committee on Culture and Education (CULT), which has the responsibility for audiovisual, information and media policies.
The Commission presented the proposal for the first time on 23 January 2023. Very soon thereafter, on 6 February 2023, a public hearing was organised by CULT in association with the European Parliament’s Committee on the Internal Market and Consumer Protection (IMCO) and Committee on Civil Liberties, Justice and Home Affairs Committee (LIBE).
In order to avoid any possible delays and to allow interinstitutional negotiations to take place before the end of ninth term of Parliament in 2024, the rapporteur has decided to deal with the proposal as speedily as possible. Therefore, following intense consultations with stakeholders in February 2023 and the exchange of views in CULT on 28 March 2023, the rapporteur submitted this draft report on 31 March 2023.
The deadline for amendments set by CULT is 5 May 2023. IMCO and LIBE, as the two opinion-giving committees, will adopt their positions by the end of June 2023, allowing the report to be adopted in September 2023. Interinstitutional negotiations could then start in October 2023.
C. Position and key amendments proposed by the rapporteur
The rapporteur considers that media freedom and pluralism are core values, enshrined in the Charter of Fundamental Rights of the European Union. They are not limited to media ownership but also relate to access to a wide range of information. Dominant operators should not unduly influence citizens and there should be transparent mechanisms to ensure that media are truly independent. The rapporteur firmly believes that a free, diverse and dynamic media sector is key to democracy and to nurturing the Union’s cultural diversity.
In economic terms, the rapporteur acknowledges the fact that the European media sector covers a variety of businesses that produce and distribute content. The sector is largely composed of SMEs but there are also some big media companies. It contributes to job creation and growth with a turnover exceeding 3 % of GDP [EC data, 2020].
It is important to highlight that media policy has an interdisciplinary and complex nature and media law has been traditionally regulated at national level. However, it is also clear that over the years, the Union has played an increasingly important role in media policy. This calls for consistency between existing legal acts and the new proposal.
Furthermore, the rapporteur considers that it is essential to recall that Parliament has always been very vocal when it comes to the need to protect media pluralism, denouncing several threats to editorial independence and journalists’ freedom and continuously calling for a holistic strategy for the media sector.
Overall, the Rapporteur welcomes the proposal but recommends a series of amendments in order to clarify certain provisions. Therefore, this draft report contains a number of suggestions that the Rapporteur would like to see taken into account in the final legal text. Some of these make significant policy changes to the proposal and are briefly listed below:
(1) maintaining the right balance between national and Union competences on media pluralism and independence, while ensuring the respect for cultural diversity, national rights and duties and single market objectives;
(2) ensuring coherence and clear interlinks and complementarities between the proposal, the Audiovisual Media Services Directive and other Union efforts to promote and support media freedom and pluralism;
(3) safeguarding the independent functioning of public service media providers, while respecting and guaranteeing consistency with the Amsterdam Protocol;
(4) guaranteeing the full independence of the European Board for Media Services, which replaces the ERGA;
(5) detailing the scope of certain measures and existing structures in place and clarifying cooperation mechanisms between all the authorities involved in order to mitigate future enforcement challenges;
(6) clarifying the relationship between media service providers and very large online platforms, on the one hand, and the protection of media content and editorial independence, on the other;
(7) recommending future-oriented measures related to media pluralism and to the viability, resilience and digital transformation of the media sector.
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:
29.6.2023
OPINION OF THE COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION
for the Committee on Culture and Education
on the proposal for a regulation of the European Parliament and of the Council on Establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU
(COM(2022)0457 – C90309/2022 – 2022/0277(COD))
Rapporteur for opinion: Geoffroy Didier
SHORT JUSTIFICATION
The EMFA aims to recognize the crucial importance of the media in the European Union, considering that their plurality and independence are necessary for the proper functioning of democracy. In recent years, the European Union has seen a decline in the independence and pluralism of the audiovisual and press media in a certain number of its Member States. The objective of this proposal is therefore to guarantee the independence and pluralism of the media and to ensure their proper functioning in the internal market, particularly in the light of the digital transition and emergence of new actors.
It is important to keep in mind the fact that online platforms, social networks and search engines have a massive impact on the way the information is processed and shared. Studies have shown that the vast majority of consumers now receive their information from the internet, and more particularly from social networks. This development has a profound effect on the way media consumption and the media market is structured and the way citizens receive and perceive information. It is a matter of fact that some of these actors are important sources of disinformation and fake news, remaining partly unregulated. Moreover, these new actors must be considered as direct competitors to the traditional media (written press and audio-visual media). It is therefore of utmost importance to establish rules which allow finding a certain equality of conduct. It is essential to better include those players in the scope of the Regulation, in the sense that clearer obligations regarding the management and moderation of content provided by media services on very large online platforms and search engines are necessary. Clarifying the obligations regarding audience measurement, which must be based on common standards, must also encompass online platforms, so that actors such as VLOPs, very large search engines, video-sharing platforms or social networks also adhere to the highest standards of audience measurement.
The EMFA is currently not in line with the institutional, legal and economic framework of the media, which differs widely across the EU. Considering that, the Rapporteur proposes several modifications to better fit with EU law and especially the current ecosystem in place in many EU countries. It is important to remind that the press and audiovisual sectors are distinct, do not operate in the same way, operate in different markets and are regulated by different systems. It is necessary to separate them in order to take account of their specificities and to adapt the requirements of the text in the light of the press regulation in the Member States, which already guarantees a high level of protection of media pluralism.
More specifically, on the press, the EMFA gives the editor exclusive control over all editorial decisions, thus depriving the publisher of any capacity to direct his publication, even though he is legally and financially responsible for the content on it. There is a risk that journalists will themselves become primarily criminally liable for their writings, which could only restrict their capacity for initiative and encourage self-censorship. Editorial freedom is primarily the responsibility of the publisher and editorial authority and responsibility cannot be dissociated. In addition, freedom, independence and pluralism of the media should be reinforced by creating the obligation for newsrooms to adopt an ethical charter. This charter would be negotiated between the publisher and the journalists and established with reference to the main ethical principles specific to the journalistic profession.
Finally, the EMFA proposes changes to the Audiovisual Media Services Directive, replacing the ERGA with a new structure (the "Board"). Incidentally, these provisions risk undermining the cultural exception protections, offering a better choice to consumers, laid down in the AVMSD. Therefore, the Rapporteur proposes to clarify the scope to ensure the consistency with relevant legislation. The provisions of the EMFA should offer maximum guarantees for the independence and decision-making of the Board and mainly focus on the audiovisual sector and digital services. Also, it is crucial that the EMFA emphasises stronger and more binding provisions for Member States to ensure an effective and adequate level of resources for the National Regulatory Autorities to carry out all their new tasks.
AMENDMENTS
The Committee on the Internal Market and Consumer Protection calls on the Committee on Culture and Education, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 3
Amendment 2
Proposal for a regulation
Recital 4
Amendment 3
Proposal for a regulation
Recital 6
Amendment 4
Proposal for a regulation
Recital 8
Amendment 5
Proposal for a regulation
Recital 9
Amendment 6
Proposal for a regulation
Recital 10
Amendment 7
Proposal for a regulation
Recital 11
Amendment 8
Proposal for a regulation
Recital 12
Amendment 9
Proposal for a regulation
Recital 12 a (new)
Amendment 10
Proposal for a regulation
Recital 12 b (new)
Amendment 11
Proposal for a regulation
Recital 14
Amendment 12
Proposal for a regulation
Recital 16
Amendment 13
Proposal for a regulation
Recital 18
Amendment 14
Proposal for a regulation
Recital 20
Amendment 15
Proposal for a regulation
Recital 20 a (new)
Amendment 16
Proposal for a regulation
Recital 21
Amendment 17
Proposal for a regulation
Recital 22
Amendment 18
Proposal for a regulation
Recital 22 a (new)
Amendment 19
Proposal for a regulation
Recital 23
Amendment 20
Proposal for a regulation
Recital 24
Amendment 21
Proposal for a regulation
Recital 25
Amendment 22
Proposal for a regulation
Recital 26
Amendment 23
Proposal for a regulation
Recital 27
Amendment 24
Proposal for a regulation
Recital 28
Amendment 25
Proposal for a regulation
Recital 28 a (new)
Amendment 26
Proposal for a regulation
Recital 29
Amendment 27
Proposal for a regulation
Recital 30
Amendment 28
Proposal for a regulation
Recital 30 a (new)
Amendment 29
Proposal for a regulation
Recital 30 b (new)
Amendment 30
Proposal for a regulation
Recital 31
Amendment 31
Proposal for a regulation
Recital 32
Amendment 32
Proposal for a regulation
Recital 33
Amendment 33
Proposal for a regulation
Recital 33 a (new)
Amendment 34
Proposal for a regulation
Recital 35
Amendment 35
Proposal for a regulation
Recital 36
Amendment 36
Proposal for a regulation
Recital 36 a (new)
Amendment 37
Proposal for a regulation
Recital 36 b (new)
Amendment 38
Proposal for a regulation
Recital 37
Amendment 39
Proposal for a regulation
Recital 37 a (new)
Amendment 40
Proposal for a regulation
Recital 37 b (new)
Amendment 41
Proposal for a regulation
Recital 38
Amendment 42
Proposal for a regulation
Recital 39
Amendment 43
Proposal for a regulation
Recital 40
Amendment 44
Proposal for a regulation
Recital 41
Amendment 45
Proposal for a regulation
Recital 42
Amendment 46
Proposal for a regulation
Recital 43
Amendment 47
Proposal for a regulation
Recital 44
Amendment 48
Proposal for a regulation
Recital 45
Amendment 49
Proposal for a regulation
Recital 45 a (new)
Amendment 50
Proposal for a regulation
Recital 46
Amendment 51
Proposal for a regulation
Recital 47
Amendment 52
Proposal for a regulation
Recital 48
Amendment 53
Proposal for a regulation
Recital 49
Amendment 54
Proposal for a regulation
Article 1 – paragraph 1
Amendment 55
Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
Amendment 56
Proposal for a regulation
Article 1 – paragraph 2 – point a b (new)
Amendment 57
Proposal for a regulation
Article 1 – paragraph 2 – point d
Amendment 58
Proposal for a regulation
Article 1 – paragraph 2 – point e
Amendment 59
Proposal for a regulation
Article 1 – paragraph 3
Amendment 60
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Amendment 61
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Amendment 62
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Amendment 63
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Amendment 64
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Amendment 65
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Amendment 66
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Amendment 67
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Amendment 68
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Amendment 69
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Amendment 70
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Amendment 71
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Amendment 72
Proposal for a regulation
Chapter II – title
Amendment 73
Proposal for a regulation
Article 3 – paragraph 1
Amendment 74
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Amendment 75
Proposal for a regulation
Article 4 – paragraph 1
Amendment 76
Proposal for a regulation
Article 4 – paragraph 3
Amendment 77
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Amendment 78
Proposal for a regulation
Article 5 – paragraph 1
Amendment 79
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Amendment 80
Proposal for a regulation
Article 5 – paragraph 3
Amendment 81
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Amendment 82
Proposal for a regulation
Article 6 – paragraph 1 – point a
Amendment 83
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Amendment 84
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Amendment 85
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Amendment 86
Proposal for a regulation
Article 6 – paragraph 2 – point a
Amendment 87
Proposal for a regulation
Article 6 – paragraph 2 – point b
Amendment 88
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Amendment 89
Proposal for a regulation
Article 6 – paragraph 3
Amendment 90
Proposal for a regulation
Article 7 – paragraph 1
Amendment 91
Proposal for a regulation
Article 7 – paragraph 3
Amendment 92
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Amendment 93
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Amendment 94
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Amendment 95
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Amendment 96
Proposal for a regulation
Article 8 – paragraph 2
Amendment 97
Proposal for a regulation
Article 9 – paragraph 1
Amendment 98
Proposal for a regulation
Article 10 – paragraph 1
Amendment 99
Proposal for a regulation
Article 10 – paragraph 4
Amendment 100
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Amendment 101
Proposal for a regulation
Article 10 – paragraph 5
Amendment 102
Proposal for a regulation
Article 10 – paragraph 6
Amendment 103
Proposal for a regulation
Article 10 – paragraph 8
Amendment 104
Proposal for a regulation
Article 11 – title
Amendment 105
Proposal for a regulation
Article 11 – paragraph 1
Amendment 106
Proposal for a regulation
Article 11 – paragraph 2
Amendment 107
Proposal for a regulation
Article 11 – paragraph 3
Amendment 108
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Amendment 109
Proposal for a regulation
Article 12 – paragraph 1 – point c
Amendment 110
Proposal for a regulation
Article 12 – paragraph 1 – point d
Amendment 111
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Amendment 112
Proposal for a regulation
Article 12 – paragraph 1 – point e – point i
Amendment 113
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Amendment 114
Proposal for a regulation
Article 12 – paragraph 1 – point f – point i
Amendment 115
Proposal for a regulation
Article 12 – paragraph 1 – point f – point ii
Amendment 116
Proposal for a regulation
Article 12 – paragraph 1 – point g
Amendment 117
Proposal for a regulation
Article 12 – paragraph 1 – point h – point ii
Amendment 118
Proposal for a regulation
Article 12 – paragraph 1 – point l
Amendment 119
Proposal for a regulation
Article 12 – paragraph 1 – point m
Amendment 120
Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
Amendment 121
Proposal for a regulation
Article 13 – paragraph 1
Amendment 122
Proposal for a regulation
Article 13 – paragraph 3
Amendment 123
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – point b a (new)
Amendment 124
Proposal for a regulation
Article 13 – paragraph 7
Amendment 125
Proposal for a regulation
Article 14 – paragraph 2
Amendment 126
Proposal for a regulation
Article 14 – paragraph 3
Amendment 127
Proposal for a regulation
Article 14 – paragraph 4
Amendment 128
Proposal for a regulation
Article 15 – paragraph 1
Amendment 129
Proposal for a regulation
Article 15 – paragraph 2 – point a
Amendment 130
Proposal for a regulation
Article 15 – paragraph 2 – point b
Amendment 131
Proposal for a regulation
Article 15 – paragraph 3
Amendment 132
Proposal for a regulation
Article 15 – paragraph 4
Amendment 133
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Amendment 134
Proposal for a regulation
Article 15 – paragraph 4 b (new)
Amendment 135
Proposal for a regulation
Article 16 – title
Amendment 136
Proposal for a regulation
Article 16 – paragraph 1
Amendment 137
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Amendment 138
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Amendment 139
Proposal for a regulation
Article 16 – paragraph 2
Amendment 140
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Amendment 141
Proposal for a regulation
Article 17 – paragraph 1 – point c
Amendment 142
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Amendment 143
Proposal for a regulation
Article 17 – paragraph 1 b (new)
Amendment 144
Proposal for a regulation
Article 17 – paragraph 1 c (new)
Amendment 145
Proposal for a regulation
Article 17 – paragraph 1 d (new)
Amendment 146
Proposal for a regulation
Article 17 – paragraph 1 e (new)
Amendment 147
Proposal for a regulation
Article 17 – paragraph 2
Amendment 148
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Amendment 149
Proposal for a regulation
Article 17 – paragraph 3
Amendment 150
Proposal for a regulation
Article 17 – paragraph 4
Amendment 151
Proposal for a regulation
Article 17 – paragraph 5 – introductory part
Amendment 152
Proposal for a regulation
Article 17 – paragraph 5 – point a
Amendment 153
Proposal for a regulation
Article 17 – paragraph 5 – point b
Amendment 154
Proposal for a regulation
Article 17 – paragraph 5 – point b a (new)
Amendment 155
Proposal for a regulation
Article 17 – paragraph 6
Amendment 156
Proposal for a regulation
Article 18 – paragraph 1
Amendment 157
Proposal for a regulation
Article 18 – paragraph 2
Amendment 158
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Amendment 159
Proposal for a regulation
Article 19 – paragraph 1
Amendment 160
Proposal for a regulation
Article 19 – paragraph 2
Amendment 161
Proposal for a regulation
Article 19 a (new)
Amendment 162
Proposal for a regulation
Article 20 – paragraph 1
Amendment 163
Proposal for a regulation
Article 20 – paragraph 2
Amendment 164
Proposal for a regulation
Article 20 – paragraph 4
Amendment 165
Proposal for a regulation
Article 20 – paragraph 5
Amendment 166
Proposal for a regulation
Article 21 – title
Amendment 167
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Amendment 168
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
Amendment 169
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point c
Amendment 170
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d
Amendment 171
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
Amendment 172
Proposal for a regulation
Article 21 – paragraph 2 – point a
Amendment 173
Proposal for a regulation
Article 21 – paragraph 2 – point b
Amendment 174
Proposal for a regulation
Article 21 – paragraph 3
Amendment 175
Proposal for a regulation
Article 21 – paragraph 4
Amendment 176
Proposal for a regulation
Article 21 – paragraph 5
Amendment 177
Proposal for a regulation
Article 21 – paragraph 6
Amendment 178
Proposal for a regulation
Article 22 – title
Amendment 179
Proposal for a regulation
Article 22 – paragraph 1
Amendment 180
Proposal for a regulation
Article 22 – paragraph 3
Amendment 181
Proposal for a regulation
Article 23 – paragraph 1
Amendment 182
Proposal for a regulation
Article 23 – paragraph 2
Amendment 183
Proposal for a regulation
Article 23 – paragraph 3
Amendment 184
Proposal for a regulation
Article 23 – paragraph 4
Amendment 185
Proposal for a regulation
Article 23 – paragraph 5
Amendment 186
Proposal for a regulation
Article 24 – paragraph 1
Amendment 187
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Amendment 188
Proposal for a regulation
Article 24 – paragraph 2 – point a
Amendment 189
Proposal for a regulation
Article 24 – paragraph 2 – point b
Amendment 190
Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
Amendment 191
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Amendment 192
Proposal for a regulation
Article 25 – paragraph 3 – point c
Amendment 193
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Amendment 194
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 2
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities in the preparation of the opinion:
PROCEDURE – COMMITTEE ASKED FOR OPINION
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
20.7.2023
OPINION OF THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS
for the Committee on Culture and Education
on the proposal for a directive of the European Parliament and of the Council Establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU
(COM(2022)0457 – C90309/2022 – 2022/0277(COD))
Rapporteur for opinion (*): Ramona Strugariu
(*) Associated Committee: Rule 57 of the Rules of Procedure
SHORT JUSTIFICATION
Media freedom and media pluralism are the backbone of any functioning democracy under the rule of law. In spite of the increasingly important role that media plays in our society, the space for independent journalism, media freedom and media pluralism in Europe has become more and more challenging. Journalists, editors and publishers have been experiencing increasing pressure from the state and its representatives, as well as from powerful business individuals and entities. According to the results of the 2022 Media Pluralism Monitor, the state of market plurality, social inclusiveness and political independence, have all scored a medium to high risk. Finally, challenges and threats to media freedom and media pluralism have started to emerge irrespective of the geographical areas of the Union. This has demonstrated the need for a common European solution.
PROCEDURE – COMMITTEE ASKED FOR OPINION
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
PROCEDURE – COMMITTEE RESPONSIBLE
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE