Sittings · Document
DRAFT OPINION (COM(2021)0731 – C90433/2021 – 2021/0381(COD)) 2022-07-20
On the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
Committee on Constitutional Affairs · Rapporteur: Daniel Freund
SHORT JUSTIFICATION
In the sensitive context of political advertising, the rapporteur for opinion believes that it is necessary to enhance transparency of the rules and clarify their scope while reinforcing safeguard mechanisms and reducing uncertainties with regard to compliance.
The draft report proposes a creation of a single European political advertisement repository, set up and managed by the Commission, of which the costs are covered by a fee that is proportionate to its use and to income generated from political advertising while exempting SMEs. This should both reduce compliance costs and enhance transparency of the market for the political advertising, including for researchers.
A majority of Member States have provisions allowing the candidates or parties to have free and proportionate access to traditional media during electoral campaigns. Given the shift to non-linear media such as social platforms, the rapporteur for opinion believes that during the elections to the European Parliament, very large online platforms should be required to display a limited amount of political ads free of charge. This should be based on the principle of equal access and give proportionate visibility to electoral entities duly registered for such elections.
The legislative text should also clarify the scope of activities which constitute political advertising – therefore both advertisement generated and promoted by the same actor as well as commercial advertising which is liable to have an impact in particular on regulatory, legislative and voting behaviour should qualify as political advertising and be subjected to regulation. On the other hand it should be clarified that only those activities which aim exclusively at informing the citizens about the given election, should be exempted.
Complex context of political advertising requires further safeguards. In addition to general provisions in the Digital Services Act regarding risk assessment and mitigation, specific due diligence measures should therefore be reinforced. Similar consideration applies to data protection rules in particular as far as use of targeting and amplification techniques is concerned, but also with regard to tracking of the user’s interaction with political ads. It should also be clarified that the actors monitoring and ensuring compliance with those rules need to be provided with sufficient resources to discharge their duties efficiently.
AMENDMENTS
The Committee on Constitutional Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (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 easy 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. | (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’), which remains subject to rights recognised in particular in Article 16 TFEU and Article 8 of the Charter of Fundamental rights of the European Union (‘Charter’) entitling everyone to the protection of personal data concerning them. 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 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. Additional transparency requirements should not lead to institutional or societal political actors being exposed to pressure by state institutions that could limit their freedom of expression. |
Or. en
Amendment 2
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
| (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 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. | (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 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. Such obligations should also include a consistent set of due diligence requirements relevant to the context of political advertising. |
Or. en
Amendment 3
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (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 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. | (14) The Regulation should provide for harmonised transparency due diligence requirements 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. Those rules should apply without prejudice to Regulation (EU) 2016/679, but should also have a capacity to provide for stricter conditions and rules for the processing of personal data in the specific context of political advertising. 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. |
Or. en
Amendment 4
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
| (17) The publication 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 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 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. | (17) The publication 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 should also constitute political advertising. This should also apply in cases where political advertising publishers act as sponsors of a content they generate themselves that is liable to produce the same effect. Commercial advertising, although generally outside the scope of this Regulation, is also liable in specific situations to affect individuals’ behaviour with regard to legislative or regulatory process or voting behaviour and 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 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. |
Or. en
Amendment 5
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
| (18) Practical information from official sources regarding the organisation and modalities for participation in the elections or referendums should not constitute political advertising. | (18) Practical information from official sources that concern exclusively the organisation and modalities for participation in the elections or referendums should not constitute political advertising. |
Or. en
Amendment 6
Proposal for a regulation
Recital 34
| Text proposed by the Commission | Amendment |
| (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency 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. | (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. |
Or. en
Amendment 7
Proposal for a regulation
Recital 39
| Text proposed by the Commission | Amendment |
| (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. 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]. | (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. 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. During electoral or referendum periods, such a transparency notice should be made available as soon as the advertising is published or disseminated. Specific rules in that regard, in particular on due diligence requirements and availability of such a transparency notice, should apply to very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act]. They should make the information included in the transparency notice available and update it, in real time and in a machine-readable format that permits analysis of data by all relevant industry players through the single European repository for transparency notices established in this Regulation. 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]. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in order to define the rights and obligations of registered political entities and very large online platforms regarding the display of randomised political advertisements. |
Or. en
Amendment 8
Proposal for a regulation
Recital 41 a (new)
| Text proposed by the Commission | Amendment |
| (41a) In order to ensure a harmonised approach to the publication of the transparency notices, increase overall transparency, further facilitate cross-border political advertising, and reduce the publication costs for the political advertising publishers, a single European repository for transparency notices should be developed, updated and maintained by the European Commission, in broad consultation with relevant stakeholders, in particular with the European Cooperation Network on Elections. The repository should also include a list of all electoral periods, which would be communicated by the Member States, as well as a unified mechanism for reporting political advertisements in accordance with the procedure established in this Regulation. The costs for developing, updating and maintaining the repository should be covered by a fee based on a portion of the revenue generated by political advertisements to the benefit of political advertising publishers. In order to establish a fair level of contributions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the scale of such contributions. |
Or. en
Amendment 9
Proposal for a regulation
Recital 45
| Text proposed by the Commission | Amendment |
| (45) Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article 14 of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation. | (45) Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate. Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article 14 of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation. Due diligence mechanisms should be strengthened in particular in the context of elections or referendums, whereby the political advertising publishers should notify the relevant sponsors or service providers acting on their behalf of any such reporting, request feedback, and proceed to correct or remove specific items within 48 hours. |
Or. en
Amendment 10
Proposal for a regulation
Recital 49
| Text proposed by the Commission | Amendment |
| (49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or amplify their content and keep record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting and amplification techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery. | (49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt, implement and publish a policy describing the use of such techniques to target individuals or amplify their content and keep a public record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting and amplification techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery. |
Or. en
Amendment 11
Proposal for a regulation
Recital 56
| Text proposed by the Commission | Amendment |
| (56) In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU) 2021/xxx [Digital Services Act], different national judicial or administrative authorities may be designated to that effect. | (56) In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules and endow them with resources commensurate with such additional competences. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU) 2021/xxx [Digital Services Act], different national judicial or administrative authorities may be designated to that effect. |
Or. en
Amendment 12
Proposal for a regulation
Recital 58
| Text proposed by the Commission | Amendment |
| (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 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 . | (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 monitor and enforce relevant rules and endow them with resources commensurate with such tasks. 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 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). | 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). |
Or. en
Amendment 13
Proposal for a regulation
Recital 62
| Text proposed by the Commission | Amendment |
| (62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should, if possible, be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with the competent authorities in their own. | (62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with the competent authorities in their own. |
Or. en
Amendment 14
Proposal for a regulation
Article 1 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) to protect natural persons with regard to the processing of personal data. | (b) to protect natural persons with regard to the processing of personal data and their fundamental rights provided for in Union law, including those enshrined in the Charter. |
Or. en
Amendment 15
Proposal for a regulation
Article 1 – paragraph 4 – point g a (new)
| Text proposed by the Commission | Amendment |
| (ga) Regulation (EU) 2016/679; |
Or. en
Amendment 16
Proposal for a regulation
Article 1 – paragraph 4 – point g b (new)
| Text proposed by the Commission | Amendment |
| (gb) Regulation (EU) 2018/1725; |
Or. en
Amendment 17
Proposal for a regulation
Article 2 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. For the purposes of the first paragraph, point (2) messages from official sources regarding the organisation and modalities for participation in elections or referendums or for promoting participation in elections or referendums shall not constitute political advertising. | 2. For the purposes of the first paragraph, point (2), messages from official sources that concern exclusively the organisation and modalities for participation in elections or referendums or for promoting participation in elections or referendums shall not constitute political advertising. |
Or. en
Amendment 18
Proposal for a regulation
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
| 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 of this Regulation are complied with. | 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 of this Regulation are complied with and allow them to fulfil effectively their due diligence obligations. Such arrangements shall in particular require sponsors and providers of political advertising services acting on behalf of sponsors to provide the information referred to in Article 6(1), ensuring that it is accurate and complete, to update it regularly and to correct any information that is erroneous without undue delay. |
Or. en
Amendment 19
Proposal for a regulation
Article 6 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) the political advertisement or political advertising campaign to which the service or services are connected; | (a) the political advertisement or political advertising campaign and, where applicable, the corresponding election or referendum to which the service or services are connected; |
Or. en
Amendment 20
Proposal for a regulation
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
| 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. | 2. The information referred to in paragraph 1 shall be in writing and 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. |
Or. en
Amendment 21
Proposal for a regulation
Article 7 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
| (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; | (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 each relevant advertisement, and of the political advertising campaign where relevant, and their sources; |
Or. en
Amendment 22
Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
| Text proposed by the Commission | Amendment |
| (ea) where applicable, all criteria of targeting and amplification techniques that are used; |
Or. en
Amendment 23
Proposal for a regulation
Article 7 – paragraph 2 – point e b (new)
| Text proposed by the Commission | Amendment |
| (eb) where applicable, the number of views and engagements; |
Or. en
Amendment 24
Proposal for a regulation
Article 7 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2. | 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the information referred to in paragraph 2 is made available for each political advertisement in the single European political advertising repository. |
Or. en
Amendment 25
Proposal for a regulation
Article 7 a (new)
| Text proposed by the Commission | Amendment |
| Article 7a | |
| Single European political advertising repository | |
| 1. A Single European political advertising repository shall be created, developed, updated and maintained by the European Commission in order to publish the transparency notices in accordance with Article 6. | |
| 2. The repository shall include a list of the campaigns and electoral periods communicated by the Member States in accordance with Article 17. It shall allow, where applicable, each transparency notice to be directly linked to each relevant election, referendum or campaign. | |
| 3. For the publication of transparency notices, the Commission shall charge political advertising publishers a fee established on the basis of the revenue generated from political advertising, while exempting from such a fee micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. | |
| 4. The revenue generated from such fees should be entirely dedicated to the development, update and maintenance of the Single European political advertising repository. | |
| 5. The Commission is empowered to adopt delegated acts in accordance with Article 19 supplementing this Regulation by establishing a proportionate scale of contributions for the publication of transparency notices, while ensuring that minimal administrative burden is put on political advertising publishers. |
Or. en
Amendment 26
Proposal for a regulation
Article 11 a (new)
| Text proposed by the Commission | Amendment |
| Article 11a | |
| Publication of a randomised set of standardised political advertisements of political entities by very large online platforms during the elections to the European Parliament | |
| 1. Very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/XXXX (the DSA), that engage in providing political advertising services in the context of the elections to the European Parliament, shall display randomised political advertisements in a dedicated, immediately visible and easily accessible section, in accordance with the principle of equal access and free of cost. | |
| 2. The political advertisements referred to in this Article shall be submitted by registered political entities in a standardised format, defined by each very large online platform in accordance with specific criteria based on their rules for the display of political advertisements, and shall include a reference to the transparency notice in accordance with the criteria established in Article 11. Such advertisements shall be stored in the single European political advertising repository established by Article 7a. | |
| 3. Only registered political entities complying with the rules for registration for the elections to the European Parliament in their respective constituency shall be entitled to submit the political advertisements referred to in this Article to the relevant very large online platforms. | |
| 4. Targeting criteria used in this context by very large online platforms shall be limited to the criteria that are strictly necessary to identify users with their potential electoral constituency and shall include only the place of residence and the language. | |
| 5. Other targeting or amplification techniques in the context of the publication of a randomised set of standardised political advertisements of political entities shall be prohibited. | |
| 6. The time-period during which the political advertisements referred to in this Article may be displayed shall be limited to 15 days before the elections. | |
| 7. The online platforms shall not collect any data concerning the users to whom the political advertisements referred to in this Article are displayed or users’ engagement with such adds. | |
| 8. Each registered political entity shall be ensured a reasonable minimum visibility. Electoral entities can be given more visibility depending on their results in the last and penultimate European elections and their representation at Union, national, regional and local levels. The ratio in visibility between the registered political entities must not be higher than 1:5. | |
| 9. The Commission is empowered to adopt delegated acts in accordance with Article 19 supplementing this Regulation by defining the rights and obligations of registered political entities and very large online platforms regarding the display of randomised political advertisements. |
Or. en
Amendment 27
Proposal for a regulation
Article 13 a (new)
| Text proposed by the Commission | Amendment |
| Article 13a | |
| Risk assessment, mitigation measures and independent audit | |
| 1. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2022/xxx [the DSA], shall identify, from the date of application of this Regulation referred to in Article 20(2) and at least once a year, any significant systemic risks stemming from their internal policies regarding political advertising, including the use of targeting and amplification techniques. This risk assessment shall be specific to the services they provide and cover the following risks: | |
| (a) Risk of verification systems in place for the identification of genuine sponsors and providers of advertising services acting on behalf of sponsors placing political or issue advertisements; | |
| (b) Risks of both misinformation and disinformation, including prohibited manipulative behaviours and practices, risks of foreign information manipulation and interference across their services, that are liable to impact the integrity of electoral processes ; | |
| (c) Risks related to the creation and use of accounts that participate in coordinated inauthentic behaviour and user conduct aimed at artificially amplifying the reach of or perceived public support for disinformation ; | |
| (d) Risks for the exercise of the fundamental rights to respect for private and family life, the protection of personal data, freedom of expression and information and prohibition of any discrimination as enshrined in Articles 7, 8, 11, and 21 of the Charter, respectively; | |
| 2. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures, tailored to the specific systemic risks identified pursuant to paragraph 1. Such measures, in addition to those listed in Article 27 of Regulation (EU) 2022/xxx [the DSA] may include, where applicable, reinforcement of their due diligence processes with regard to advertising published or disseminated in particular during the election periods, in order to ensure that any misleading or erroneous information in the transparency notices is promptly and fully corrected or the publication or dissemination of the concerned political advertisement is suspended; | |
| 3 .Very large online platforms shall be subject, at their own expense and at least once a year, to audits to assess compliance with the obligations stemming from paragraphs 1 and 2. Article 28(2), (3) and (4) of Regulation (EU) 2022/xxx [the DSA] apply to the characteristics of the organisations performing the audit, the structure of the report and the implementation of the recommendations contained therein. |
Or. en
Amendment 28
Proposal for a regulation
Article 17 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall publish the dates of their national electoral periods in an easily accessible place, with an appropriate reference to this Regulation. | Member States shall publish the dates of their national electoral periods in an easily accessible place, with an appropriate reference to this Regulation. They shall transmit such information to the European Commission, which shall publish it in the Single European political advertising repository. |
Or. en
Amendment 29
Proposal for a regulation
Article 19 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The power to adopt delegated acts referred to in Article 7(8) and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. | 2. The power to adopt delegated acts referred to in Article 7(8), Article 7a(5), 11a(9), and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. |
Or. en
ANNEX: List of entities or persons
from whom the rapporteur for the OPINION has received input
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur for the opinion. The rapporteur has received input from the following entities or persons in the preparation of the draft opinion:
| Entity and/or person |
| Transparency International Liaison Office to the European Union ( TR 501222919-71) |
| Meta Platforms Ireland Limited and its subsidiaries (TR 28666427835-74) |