On the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
AFCO-AD-719609
Committee on Constitutional Affairs · Rapporteur: Daniel Freund
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The Committee on Constitutional Affairs gives its opinion on the proposed regulation on transparency and targeting of political advertising. It proposes amendments to strengthen transparency and due diligence rules, clarify the scope of political advertising, and create a single European political advertising repository run by the Commission.¶¶¶ It asks that very large online platforms display a limited amount of political ads free of charge during European Parliament elections, based on equal access. It also seeks to clarify that commercial advertising liable to influence elections or voting behaviour counts as political advertising.¶¶ The opinion calls for reinforced due diligence and data protection safeguards for targeting and amplification, and for oversight authorities to have sufficient resources.¶
Committee position. The Committee on Constitutional Affairs proposes amendments to the lead committee to enhance transparency and due diligence, clarify the scope of political advertising, create a single European repository, and require free political ads on very large online platforms during European Parliament elections.¶¶¶
Key points
- Creates a single European political advertising repository, set up and managed by the Commission, funded by a fee proportionate to use and income from political advertising, with SMEs exempt.¶¶¶
- Requires very large online platforms to display a limited amount of political ads free of charge during European Parliament elections, based on equal access and proportionate visibility for registered electoral entities.¶¶
- Clarifies that political advertising includes ads generated and promoted by the same actor and commercial advertising liable to influence regulatory, legislative or voting behaviour; only activities exclusively informing citizens about an election are exempt.¶¶¶
- Reinforces due diligence measures and data protection rules for targeting and amplification, and for tracking user interaction with political ads.¶¶
- Requires that actors monitoring compliance with the rules have sufficient resources.¶¶
- Amends recitals to add references to the Conference on the Future of Europe report, freedom of expression, protection of EU nationals living abroad, and obstacles to cross-border campaigns.¶¶¶
- Extends transparency and due diligence obligations to cover the full chain of political advertising service providers, and requires contractual arrangements to specify compliance and information duties.¶¶
- Requires political advertising publishers to provide a transparency notice with sponsor identity, funding sources, amounts spent, targeting criteria, and number of views and engagements.¶¶¶
- Requires publishers to put in place free and anonymous reporting mechanisms for non-compliant ads, with correction or removal within 48 hours during elections, and allows individuals to report directly to competent authorities if mechanisms are unavailable.¶¶¶
- Requires very large online platforms to conduct annual risk assessments on systemic risks from political advertising, including disinformation and foreign interference, and to undergo independent audits.¶
- Requires non-EU service providers to designate a legal representative in the Union and transmit their details to the European Cooperation Network on Elections; Member States must keep public registers.¶
- Requires the contact point to prepare an inventory and post-election analysis of political advertisements within six months after the election date, and Member States to publish electoral period dates and transmit them to the Commission for the repository.¶¶
Who is affected
- Providers of political advertising services, including microenterprises and SMEs, who face compliance costs and new due diligence obligations.¶¶
- Very large online platforms, which must display free political ads during European Parliament elections and conduct risk assessments.¶¶¶
- Political advertising publishers, who must provide transparency notices and reporting mechanisms.¶¶¶
- Member States, which must designate competent authorities with sufficient resources and publish electoral period dates.¶¶¶
- Non-EU service providers, who must designate a legal representative in the Union.¶
Figures and deadlines
- Information retained for at least five years from the last preparation, placement, publication or dissemination.¶
- Correction or removal of reported ads within 48 hours during elections or referendums.¶
- Post-election analysis published within six months after the election date.¶
- Delegated acts conferred for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections].¶
Legal basis: Article 114 of the Treaty on the Functioning of the European Union and Article 16 of the Treaty on the Functioning of the European Union.¶¶