On the proposal for a regulation of the European Parliament and of the Council on transparency and targeting of political advertising
CULT-AD-735573
Committee on Culture and Education · Rapporteur: Sabine Verheyen
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The Committee on Culture and Education gives its opinion on the Commission proposal for a regulation on transparency and targeting of political advertising, welcoming it but proposing amendments.¶¶ It seeks to clarify rules for offline media and align them with online providers, and to safeguard freedom of expression and the right to information.¶ It proposes that national media regulators handle supervision, with clearer cooperation mechanisms, and that media editorial content not be treated as political advertising.¶¶¶ It amends definitions, transparency notice content, repository duties, penalties and the role of the European Regulators Group for Audiovisual Media Services.¶¶¶
Committee position. The committee welcomes the proposal but proposes amendments to clarify offline media rules, align offline and online providers, safeguard freedom of expression, and clarify cooperation between national authorities.¶¶¶
Key points
- The committee calls on the Internal Market and Consumer Protection Committee to take its amendments into account.¶
- It adds freedom of expression, protection of Union citizens outside the Union, and the right to be informed to the interests threatened by targeting techniques.¶
- It states that restrictions on cross-border political advertising affect cross-border and pan-European campaigns, and that gaps in national and Union law risk undermining transparency.¶
- It says the regulation must not affect the substantive content of political advertising, silence periods, or the fundamental right to freedom of opinion and speech.¶
- It broadens the definition of political advertising to cover preparation, purchase, placement, promotion or dissemination by any means, and messages designed to influence public opinion on societal issues.¶¶¶
- It excludes editorial content under a media service provider's responsibility from the definition unless the provider was paid or remunerated by a third party.¶
- It adds a recital on promoting media literacy in Member States and at Union level for all sections of society and all ages.¶
- It requires transparency notices to identify the sponsor and any entity ultimately controlling or financing them, and to state the source of funds.¶¶¶
- It requires publishers to ensure information is complete, to withhold advertisements until it is, and to correct inaccurate information expeditiously after publication.¶¶
- It requires very large online platforms and search engines to give real-time access to transparency information, and other publishers to use a dedicated repository under a delegated act.¶¶
- It requires Member States to designate structurally independent competent authorities, to cooperate through national election networks and ERGA, and to appoint contact points meeting at Union level.¶¶¶
- It treats infringements of Articles 5 and 7 as particularly serious during electoral periods, and requires penalties to consider the size and economic capacity of the provider.¶¶
Who is affected
- Political advertising service providers and publishers, including offline media, printed media and small media enterprises, which must meet transparency and repository duties.¶¶¶
- Very large online platforms and very large online search engines, which must ensure real-time access to transparency information in their repositories.¶
- Sponsors of political advertisements, who must ensure the information in transparency notices is complete and correct.¶
- Member States, which must designate independent competent authorities, contact points and cooperation mechanisms.¶¶¶
- Media service providers, whose editorial content is excluded from the definition of political advertising unless paid or remunerated by a third party.¶¶