Sittings · Document
OPINION (COM(2021)0731 – C9-0433/2021 – 2021/0381(COD)) 2022-12-05
On the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
Committee on Legal Affairs · Rapporteur: Angelika Niebler
SHORT JUSTIFICATION
Democracy is our highest value in the EU. According to Article 10 of the Treaty of Lisbon, the functioning of the Union shall be founded on representative democracy. Article 11 specifically sets out that i.a. citizens and representative associations shall be given the opportunity to make known and publicly exchange their views in all areas of Union action. Moreover, the institutions shall maintain an open, transparent and regular dialogue with them.
According to Article 12 of the Charter of Fundamental Rights, political parties at European level contribute to expressing the political will of citizens in the EU. Democracy lives from the participation of citizens. Therefore, it is important to address voters and encourage them to be part of the political discussion. The conference on the future of Europe showed that the interest of citizens in political discourse is very high. The conference on the future of Europe inspired thousands of citizens to politically participate and to express their opinions in the political debate. This culture of political debate must be fostered.
Political advertising enables voters to identify differences in the political positions of political actors. It allows voters to be informed about the political actors’ political priorities. This informative function of political advertising is key to foster democratic debate and ultimately enhance democratic participation. Thereby, the transparency of political advertising is a crucial element for voters to identify which political actor disseminates the political advertisement and to understand the context of the advertisement.
It is harmful to democracy when political discourse is manipulated and information is being distorted. The cases of mass disinformation campaigns in the EU, such as the Cambridge Analytica scandal, demonstrate this vulnerability. The potential for manipulation is particularly large when artificial intelligence or other technologies are involved. Especially in the digital world, citizens are increasingly exposed to disinformation campaigns. This must be prevented so that citizens can form their opinions on the basis of sound information.
Freedom of the media and freedom of expression must be respected at all times so that an open exchange of opinions can take place. Journalists in the EU are reporting on political issues in online media, also and especially during election campaigns and thus providing information to citizens. It is important to separate editorial content from political advertising by definition, so that freedom of the media and freedom of expression are safeguarded.
As regards regional and local politics and political advertising, there is no clear impact on EU internal market rules. For this reason, this regulation should be applied only to EU and national elections.
The main addressees of this regulation are providers of digital political advertising services. The providers of these services prepare, place, promote, publish or disseminate digital political advertising in the EU. For that reason, this regulation should clearly define which obligations are imposed upon which addressee.
AMENDMENTS
The Committee on Legal 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
Title 1
| Text proposed by the Commission | Amendment |
| Proposal for a | Proposal for a |
| REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL | REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL |
| on the transparency and targeting of political advertising | on the transparency and targeting of online political advertising |
| (Text with EEA relevance) | (Text with EEA relevance) |
Amendment 2
Proposal for a regulation
Recital 1 a (new)
| Text proposed by the Commission | Amendment |
| (1a) Democracy is a core European value and it can only thrive in a climate where both freedom of information and freedom of expression are upheld, in accordance with the Charter of Fundamental Rights, resulting in everyone beingable to express their views. An open culture of political debate where a plurality of views can be expressed is an integral part of democracy. A healthy democracy relies on the active participation of citizens and for this participation to be meaningful they must be able to form their own judgements in a public space where political actors are able to reach out to voters and to encourage them to be part of the political discussion. |
Amendment 3
Proposal for a regulation
Recital 1 b (new)
| Text proposed by the Commission | Amendment |
| (1b) The conference on the future of Europe inspired thousands of citizens to participate politically and to express their opinions in the political debate. Fostering this culture of political debate is essential. |
Amendment 4
Proposal for a regulation
Recital 1 c (new)
| Text proposed by the Commission | Amendment |
| (1c) During European and national election periods, parties campaign in order to enable voters to make electoral choices on the basis of an open debate, in which their different political positions are expressed. Engaged, informed and empowered citizens are the best guarantee of the resilience of our democracies. Restrictions on political advertising risk harming democracy and should, therefore, always be strictly justified and proportionate. |
Amendment 5
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
| (2) Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms. | (2) Political advertising is increasingly being disseminated or published via online platforms, websites, mobile applications, computer games and other digital interfaces. Online political advertising are not only particularly prone to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges, especially in terms of regulatory fragmentation across the Member States. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms. |
Amendment 6
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) Given that it is normally provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of persons with disabilities. | (3) Given that it is normally provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union(‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of persons with disabilities. The right of persons with disabilities and of the elderly to participate and be integrated in the political and democratic life of the Union should be ensured. |
Amendment 7
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) 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’). 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 so that voters are better placed to make informed choices. However, it is often a challenge 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. Additional transparency requirements should not lead to political actors being exposed to pressure by state institutions that could limit their freedom of expression. |
Amendment 8
Proposal for a regulation
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
| (4a) In addition to transparency measures and in order to ensure a proper application of this Regulation, it is also needed that Member States and relevant stakeholders contribute to enhance digital and media literacy of the citizens, in particular as regards the political debate and elections. Digital and media literacy should be understood as the knowledge, skills and understanding that allow citizens to engage effectively with media and other information providers in relation to political advertising, acquiring a basic knowledge on the notions and skills required to ensure compliance with and enforcement of this Regulation. |
Amendment 9
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. | (5) In the context of advertising, including political advertising, targeting and ad delivery techniques are frequently used. Targeting or ad delivery techniques should be understood as techniques that are used by sponsors, political advertising publishers or providers of political advertising services either to address or disseminate a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, in particular online, including through microtargeting and other advanced techniques, such techniques for the purpose of online political advertising, when misused, may present particular threats to legitimate public interests, such as democracy, fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. |
Amendment 10
Proposal for a regulation
Recital 5 a (new)
| Text proposed by the Commission | Amendment |
| (5a) Recent disinformation campaigns in the wake of Russia's war of aggression against Ukraine, as well as the Cambridge Analytica scandal, have exposed how the digital political debate can be manipulated. Especially during election periods, disinformation campaigns are harmful to citizens since they deprive them of the opportunity to take a decision based on sound information. Disinformation campaigns are of great concern in the digital world and are often spread via social media and other online-platforms. For this reason, this Regulation should only apply to digital political advertising. |
Amendment 11
Proposal for a regulation
Recital 5 b (new)
| Text proposed by the Commission | Amendment |
| (5b) Interference from third countries, especially during electoral periods, can be dangerous to the democratic process if it results in disinformation being disseminated. Therefore, political advertisement services should only be provided if a sponsor of the digital political advertising or the entity ultimately controlling the sponsor have a business seat within the EU. |
Amendment 12
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. | (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms, whether it is on the online environment that the dissemination of political advertising is particularly challenging and needs to be reinforced in the regulation. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated, mainly online, without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. |
Amendment 13
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
| (7) To provide enhanced transparency of political advertising including to address citizens' concerns, some Member States have already explored or are considering additional measures to address the transparency of political advertising and to support a fair political debate and free and fair elections or referendums. These national measures are in particular considered for advertising published and disseminated online and may include further prohibitions. These measures vary from soft to binding measures and imply different elements of transparency. | (7) To provide enhanced transparency of political advertising including to address citizens' concerns, some Member States have already explored or are considering additional measures to address the transparency of political advertising and to support a fair political debate and free and fair elections or referendums. These national measures are in particular considered for advertising published and disseminated online and may include further prohibitions. These measures vary from soft to binding measures and imply different levels of transparency. |
Amendment 14
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
| (8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers. | (8) This situation leads to the fragmentation of the internal market and uneven cross-border enforcement, decreases legal certainty for providers of political advertising services, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers. For example, the definition of political advertising differs from one Member States to another, which creates difficulties when it comes to establishing whether an advertisement qualifies as being political. There are also substantial differences regarding the scope and content of the transparency obligations applicable to providers of political advertising services across Member States. What is more, fragmentation is expected to increase as Member States develop new rules to address the need to ensure the transparency of political advertising, especially against the backdrop of technological developments. The principle that what is illegal offline should be illegal online should also be ensured as regards the content of political advertising. |
Amendment 15
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market. | (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for micro enterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market and also has a considerable impact on the level of accurate, objective and full information provided to EU citizens. |
Amendment 16
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 online 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. |
Amendment 17
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising. | (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising. The reasonable efforts undertaken by political advertising publishers to ensure that the transparency requirements are fulfilled, and the assessment of whether these efforts are actually reasonable, should be governed by a consistent set of due diligence requirements relevant to the context of political advertising. |
Amendment 18
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 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 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 address the lack of skills, knowledge and understanding on digital and media literacy by promoting tools and measures for the development of digital and media literacy programmes, including through education and training, skilling and reskilling programmes and ensuring proper gender and age balance in view of allowing a democratic control of political advertising. This Regulation should also address the use of targeting and ad delivery techniques providing for rules based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely 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 the language,context, content and objective of the advertisement and its means of dissemination. |
Amendment 19
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
| (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplification. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country. | (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and ad delivery. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country. This definition should not cover messages of purely private or commercial nature including cases where a commercial stakeholder expresses support to a political topic for branding purposes. |
Amendment 20
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 issued by official sources recognised as such by the Member States regarding the organisation and modalities for participation in the elections or referendums should not constitute political advertising. |
Amendment 21
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
| (19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation. | (19) Protecting freedom of the press and freedom of expression is of greatest value to the European Union. It is essential that freedom of the press and freedom of expression be respected at all times so that an open exchange of opinions can take place. Political views and messages covering news and current affairs expressed under the editorial responsibility of a media service provider, such as in the programmes of audio visual media services as defined in Article 1(1)(a) of Directive 2010/13/EU, linear or non-linear broadcasts or published in printed media, without direct payment or any other form of equivalent remuneration should not be considered political advertising and, therefore, should be excluded from the scope of this Regulation. |
Amendment 22
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
| (21) It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media or via an online platforms service. | (21) It is necessary to define digital political advertisement as an instance of digital political advertising. Advertisements include the means by which the advertising message is communicated, including via an online platforms service. |
Amendment 23
Proposal for a regulation
Recital 23
| Text proposed by the Commission | Amendment |
| (23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations should also be included in that definition. | (23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations and their affiliated and subsidiary entities, such as, for instance, non-governmental organisations (NGOs) which are supporting political parties in their campaigning, should also be included in that definition. |
Amendment 24
Proposal for a regulation
Recital 24
| Text proposed by the Commission | Amendment |
| (24) An advertising campaign should refer to the preparation, publication and dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle. | (24) An advertising campaign should refer to the publication and dissemination of a series of linked advertisements in the course of a contract for online political advertising, on the basis of common sponsorship and funding. It should include the placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle. |
Amendment 25
Proposal for a regulation
Recital 26
| Text proposed by the Commission | Amendment |
| (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, placement, promotion, publication and dissemination of political advertising. | (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the placement, promotion, publication and dissemination of political advertising. |
Amendment 26
Proposal for a regulation
Recital 27
| Text proposed by the Commission | Amendment |
| (27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for by another. | (27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for by another person. |
Amendment 27
Proposal for a regulation
Recital 28 a (new)
| Text proposed by the Commission | Amendment |
| (28a) In view of the importance of guaranteeing, in particular, the effectiveness of the transparency requirements, sponsors and providers of political advertising services acting on behalf of sponsors should transmit in good faith relevant information in a timely, complete and accurate manner to enable the other providers of political advertising services in the chain to comply with the Regulation. When the political advertising publisher is the only provider of political advertising services, the sponsor should communicate such information to the political advertising publisher. |
Amendment 28
Proposal for a regulation
Recital 31
| Text proposed by the Commission | Amendment |
| (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers. | (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are necessary and justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers. |
Amendment 29
Proposal for a regulation
Recital 33
| Text proposed by the Commission | Amendment |
| (33) The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, using personal data collected directly from the user of the service and from the users’ online conduct, as well as inferred data. | (33) The placement, promotion, publication and dissemination of digital political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, processing personal data collected directly from the user of the service and from the users’ online conduct, as well as inferred data. |
Amendment 30
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 that any political advertisement is labelled as such and the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services. |
Amendment 31
Proposal for a regulation
Recital 38
| Text proposed by the Commission | Amendment |
| (38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement. | (38) Transparency of digital political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement. |
Amendment 32
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, regardless if the political advertisement relates to an electoral cycle or a legislative or regulatory 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]. Providers of political advertising services should make their best efforts to ensure that the information is complete and accurate. |
Amendment 33
Proposal for a regulation
Recital 41
| Text proposed by the Commission | Amendment |
| (41) Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of one year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher. | (41) Transparency notices should be designed to raise user awareness and help the clear and readily accessible identification of the digital political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of one year after the last publication. The retained information should also include information about political advertising which was terminated or which was discontinued or suspended by the publisher. |
Amendment 34
Proposal for a regulation
Recital 42
| Text proposed by the Commission | Amendment |
| (42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape. | (42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. Where political advertising publishers become aware of that a political advertisement is not complying with the transparency requirements, it should discontinue the publication or dissemination until the information is completed or corrected. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation[Digital Services Act] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape. |
Amendment 35
Proposal for a regulation
Recital 44
| Text proposed by the Commission | Amendment |
| (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(3) of Directive 2013/34/EU. | (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(1)-(3) of Directive 2013/34/EU. |
Amendment 36
Proposal for a regulation
Recital 45 a (new)
| Text proposed by the Commission | Amendment |
| (45a) The political advertising publishers should make reasonable efforts to address in a timely, diligent and objective manner the notifications received pursuant to this Regulation, where relevant, by contacting the relevant service providers and, as relevant, the sponsor. The political advertising publisher should inform the author of the notification of the follow up given to the notification. |
Amendment 37
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. |
Amendment 38
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 to 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 Council 13. |
| __________________ | __________________ |
| 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). |
Amendment 39
Proposal for a regulation
Recital 63
| Text proposed by the Commission | Amendment |
| (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible. | (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial and administrative penalties shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible. |
Amendment 40
Proposal for a regulation
Recital 65
| Text proposed by the Commission | Amendment |
| (65) Member States should publish the exact duration of their electoral periods, established according to their electoral traditions, sufficiently in advance of the beginning of the electoral calendar. | (65) Member States should publish the exact duration of their electoral periods, established according to their legislation and electoral traditions, sufficiently in advance of the beginning of the electoral calendar. |
Amendment 41
Proposal for a regulation
Recital 67
| Text proposed by the Commission | Amendment |
| (67) Within two years after each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should also take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this Regulation’s annexes and consider the need for their revision. | (67) Within a 12-month period following each election to the European Parliament, the Commission should present an evaluation report on the applicability of this regulation. In preparing that report the Commission should also take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this Regulation’s annexes and consider the need for their revision. |
Amendment 42
Proposal for a regulation
Article 1 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) harmonised transparency obligations for providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services; | (a) harmonised transparency and due diligence obligations for providers of digital political advertising and related services to retain,disclose and publish information connected to the provision of such services; |
Amendment 43
Proposal for a regulation
Article 1 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the use of personal data. | (b) harmonised rules on the use of targeting and ad delivery techniques in the context of the publication, dissemination or promotion of digital political advertising that involve the processing of personal data. |
Amendment 44
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used. | 2. This Regulation shall apply to digital political advertising prepared, placed, promoted, published or disseminated in the Union in the context of election campaigns at European and national level, or directed to individuals in one or several Member States in the context of election campaigns at European and national level, irrespective of the place of establishment of the advertising services provider. |
Amendment 45
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used. | 2. This Regulation shall apply to digital political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider. |
Amendment 46
Proposal for a regulation
Article 1 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) to contribute to the proper functioning of the internal market for political advertising and related services; | (a) to contribute to the proper, safe, predictable and trusted functioning of the internal market for political advertising and related services, ensuring that fundamental rights and freedoms enshrined in the Charter are effectively protected; |
Amendment 47
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 in connection with political advertising; |
Amendment 48
Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
| Text proposed by the Commission | Amendment |
| (ba) to uphold the values on which the Union is founded as established by Article 2 TEU, in particular the respect for democracy and freedom, by making digital political advertising and online targeting more transparent and promoting digital and media literacy among citizens, thus strengthening democracy and guaranteeing that citizens can exercise their democratic rights in an informed manner and free from manipulation. |
Amendment 49
Proposal for a regulation
Article 1 – paragraph 4 – introductory part
| Text proposed by the Commission | Amendment |
| 4. This Regulation is without prejudice to the rules laid down in the following: | 4. This Regulation complements and is without prejudice to the rules laid down in the following: |
Amendment 50
Proposal for a regulation
Article 1 – paragraph 4 – point g a (new)
| Text proposed by the Commission | Amendment |
| (ga) Regulation (EU) 2016/679(GDPR); |
Amendment 51
Proposal for a regulation
Article 1 – paragraph 4 – point g b (new)
| Text proposed by the Commission | Amendment |
| (gb) Regulation (EU) 2018/1725; |
Amendment 52
Proposal for a regulation
Article 1 – paragraph 4 – point i
| Text proposed by the Commission | Amendment |
| (i) Regulation (EU) 2021/xxx [the Digital Services Act]. | (i) Regulation (EU) 2022/xxx[the Digital Services Act] and Regulation (EU) 2022/xxx [the Digital Markets Act]. |
Amendment 53
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
| Text proposed by the Commission | Amendment |
| 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message: | 2. ‘political advertising’ means a service as defined by Article 57 TFEU, consisting on the placement, promotion, publication or dissemination, of a message: |
Amendment 54
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
| Text proposed by the Commission | Amendment |
| (b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. | (b) which is liable to influence the voting behaviour or the outcome of an election or referendum, a legislative or regulatory process. |
Amendment 55
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point –a (new)
| Text proposed by the Commission | Amendment |
| (-a) a government, bodies of governments with or without legal personality, a local government, bodies of local governments with or without legal personality and public foundations thereof; |
Amendment 56
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point -a a (new)
| Text proposed by the Commission | Amendment |
| (-aa) the European Parliament, national, regional and local parliaments; |
Amendment 57
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point -a b (new)
| Text proposed by the Commission | Amendment |
| (-ab) a Union institution and its bodies with or without legal personality; |
Amendment 58
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point -a c (new)
| Text proposed by the Commission | Amendment |
| (-ac) international and intergovernmental organisations; |
Amendment 59
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h a (new)
| Text proposed by the Commission | Amendment |
| (ha) any non-governmental organisation operating in the Union area and receiving public funds directly or indirectly. |
Amendment 60
Proposal for a regulation
Article 2 – paragraph 1 – point 6
| Text proposed by the Commission | Amendment |
| 6. ‘political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding; | 6. ‘political advertising campaign’ means the placement, promotion, publication or dissemination of a series of linked digital political advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding; |
Amendment 61
Proposal for a regulation
Article 2 – paragraph 1 – point 7
| Text proposed by the Commission | Amendment |
| 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published or disseminated; | 7. sponsor’ means the natural or legal person on whose behalf a digital political advertisement is placed, published or disseminated; |
Amendment 62
Proposal for a regulation
Article 2 – paragraph 1 – point 8
| Text proposed by the Commission | Amendment |
| 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement; | 8. ‘targeting techniques’ means techniques that are available to and used by the sponsor to determine the potential audience of a tailored digital political advertisement in order to address it only to an eligible person or group of persons; |
Amendment 63
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
| Text proposed by the Commission | Amendment |
| 8a. ‘ad delivery techniques’ means techniques used by publishers or other providers of political advertising services to deliver a tailored digital political advertisement only to specific individuals included in the group of individuals that constitute the targeted audience as defined by the sponsor of the digital political advertisement; |
Amendment 64
Proposal for a regulation
Article 2 – paragraph 1 – point 9
| Text proposed by the Commission | Amendment |
| 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules; | 9. electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State, as defined in Union or national legislation, and during which the campaign activities are subject to specific rules; |
Amendment 65
Proposal for a regulation
Article 2 – paragraph 1 – point 10
| Text proposed by the Commission | Amendment |
| 10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested in the Member State in which a political advertisement circulates, which may be the entire electorate of a Member State; | 10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested in the Member State in which a digital political advertisement circulates, which may be the entire electorate of a Member State; |
Amendment 66
Proposal for a regulation
Article 2 – paragraph 1 – point 11
| Text proposed by the Commission | Amendment |
| 11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain political advertising through any medium; | 11. ‘political advertising publisher’ means a natural or legal person that makes available through an interface or otherwise brings to the public domain digital political advertising; |
Amendment 67
Proposal for a regulation
Article 2 – paragraph 2
| Text proposed by the Commission | Amendment |
| 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. | For the purposes of the first paragraph, point (2), political views expressed under the editorial responsibility of a media service provider and placed, promoted, or disseminated without any form of remuneration from a third party and expressed under the editorial responsibility of a press publisher or a service provider, as well as 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. |
Amendment 68
Proposal for a regulation
Article 2 a (new)
| Text proposed by the Commission | Amendment |
| Article 2a | |
| Criteria for the identification of an online political advertisement | |
| For the purpose of determining whether a message constitutes online political advertisement within the meaning of Article 2(2)(b) and is influencing the voting behaviour or the outcome of an election or referendum, a legislative or regulatory process, the following features shall be taken into account: | |
| (a) the content of the message; | |
| (b) the sponsor of the message; | |
| (c) the language used to convey the message; | |
| (d) the audience targeted; | |
| (e) the context in which the message is conveyed, including the period of dissemination such as electoral or referendum periods; | |
| (f) whether the message is intended to influence the relevant electorate; | |
| (g) the objective of the message; |
Amendment 69
Proposal for a regulation
Article 3 a (new)
| Text proposed by the Commission | Amendment |
| Article 3a | |
| Exemption of micro-undertakings | |
| The obligations laid down in this Regulation shall not apply to micro-undertakings qualified under art. 3 (1) of Directive 2013/34/EU. |
Amendment 70
Proposal for a regulation
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| Political advertising services shall be provided in a transparent manner in accordance with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. | Political advertising services shall be diligently provided in a transparent and accessible manner in accordance with the obligations laid down in Articles 4a to 11 and 14 of this Regulation. |
Amendment 71
Proposal for a regulation
Article 4 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| Political advertising services shall be provided only to a sponsor or a service provider acting on behalf of a sponsor who is a citizen of the Union, or to a natural or legal person residing or established in the Union. |
Amendment 72
Proposal for a regulation
Article 4 a (new)
| Text proposed by the Commission | Amendment |
| Article 4a | |
| Accessibility | |
| Political advertising publishers shall ensure that political advertisements and the transparency information required pursuant to the obligations laid down in this Regulation are accessible to persons with disabilities by complying with the relevant accessibility requirements laid down in Annex I of Directive (EU) 2019/881. |
Amendment 73
Proposal for a regulation
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration. | 1. Providers of political advertising services shall request sponsors and providers of political advertising services acting on behalf of sponsors to declare whether the advertising service they request constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf or in the interests of sponsors shall make such a declaration. |
Amendment 74
Proposal for a regulation
Article 5 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Where a declaration or information is manifestly erroneous, providers of political advertising services shall request the sponsors or the providers of political advertising services acting on behalf of sponsors to correct their declaration. Sponsors or providers of political advertising services acting on behalf of sponsors shall make such a correction in a complete and accurate manner and without undue delay. |
Amendment 75
Proposal for a regulation
Article 5 a (new)
| Text proposed by the Commission | Amendment |
| Article 5a | |
| Due Diligence | |
| Providers of political advertising services shall do their best efforts to ensure compliance with all the requirements established in this Regulation before a political advertisement is published and disseminated. |
Amendment 76
Proposal for a regulation
Article 6 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the specific service or services provided in connection to the political advertising; | (b) the specific service or services that they provided in connection to the political advertising; |
Amendment 77
Proposal for a regulation
Article 6 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) where applicable, the identity of the sponsor and its contact details. | (d) the identity of the sponsor and its contact details and, where applicable, the identity and contact details of the natural or legal person ultimately controlling the sponsor. |
Amendment 78
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 may be in electronic form. Such information shall be retained for a period of five years from the date of the last placement, publication or dissemination, as the case may be. |
Amendment 79
Proposal for a regulation
Article 6 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible. | 3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted digitally, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible. |
| Where the political advertising publisher is the only provider of political advertising services, the sponsor shall communicate the relevant information to the political advertising publisher. |
Amendment 80
Proposal for a regulation
Article 6 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. Where providers of political advertising services become aware that information which they have transmitted has been updated, they shall ensure that the updated information is communicated to the relevant political advertising publisher. |
Amendment 81
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| In the context of the provision of political advertising services, each political advertisement shall be made available with the following information in a clear, salient and unambiguous way: | The political advertising publisher shall make available in each political advertisement the following information in a clear, salient, comprehensive, plain and unambiguous way: |
Amendment 82
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) a statement to the effect that it is a political advertisement; | (a) a clear and straightforward statement to the effect that it is a political advertisement; |
Amendment 83
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the identity of the sponsor of the political advertisement and the entity ultimately controlling the sponsor; | (b) the identity of the sponsor of the political advertisement and, where applicable, of the natural or legal person ultimately controlling the sponsor; |
Amendment 84
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved. | (c) a transparency notice to enable the recipient of the political advertisement to understand the wider context of the political advertisement and its aims, or a clear indication of where it can be easily retrieved. |
Amendment 85
Proposal for a regulation
Article 7 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) the identity of the sponsor and contact details; | (a) the identity of the sponsor and, where applicable, of the natural or legal person ultimately controlling the sponsor, and their contact details including for legal persons their place of establishment; |
Amendment 86
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 placement, promotion, publication and dissemination of each relevant advertisement, and of the respective political advertising campaign where relevant, and their sources; |
Amendment 87
Proposal for a regulation
Article 7 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
| (d) where applicable, an indication of elections or referendums with which the advertisement is linked; | (d) where applicable, an indication of elections or referendums with which the advertisement is linked, and the relevant electoral cycles; |
Amendment 88
Proposal for a regulation
Article 7 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
| (e) where applicable, links to online repositories of advertisements; | (e) where applicable, links to online repositories of advertisements where the advertisement is available; |
Amendment 89
Proposal for a regulation
Article 7 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. | 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete and accurate. If the political advertising publisher becomes aware by any means that this information is incomplete or inaccurate, it shall make reasonable efforts including, as relevant, by contacting the sponsor or the service providers concerned, to complete or correct the information. Until such information is corrected, the political advertising publisher shall not make the political advertisement available or shall remove it. The publisher shall inform the sponsor or the relevant service provider acting on behalf of the sponsor accordingly. |
Amendment 90
Proposal for a regulation
Article 7 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. When the sponsor or the providers of political advertising services become aware that the information transmitted to or published by the political advertising publisher is incomplete or inaccurate, they shall contact, without undue delay, the political advertising publisher concerned and, as relevant, shall transmit completed or corrected information to the political advertising publisher. |
Amendment 91
Proposal for a regulation
Article 7 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication. | 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain and straightforward language, and having due regard to accessibility requirements as laid out in Article 4. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication. |
Amendment 92
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 and very large online search engines within the meaning of Article 33 of Regulation (EU) 2022/2065 [the DSA] shall ensure that the repositories that they make available pursuant to Article 39 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2, updated since the first publication of the advertisement and containing all versions of the advertisement. |
Amendment 93
Proposal for a regulation
Article 7 – paragraph 6 a (new)
| Text proposed by the Commission | Amendment |
| 6a. For political advertisements that are published over online platforms, political advertising publishers which are not very large online platforms and very large online search engines within the meaning of Article 33 of Regulation (EU) 2022/2065[Digital Services Act] shall make available the information referred to in paragraph 2 of this Article in a dedicated repository. | |
| The Commission shall adopt a delegated act in accordance with Article 19 in order to supplement this Regulation by setting out rules on the structure, organisation and functionalities of the repositories referred to in the first subparagraph. | |
| The Commission shall adopt such a delegated act [by day/month/year] on the basis of an impact assessment on the possible options to implement the requirement laid down therein. The obligation set out in the first subparagraph shall apply [X] months after the entry into force of the delegated act referred to in the second subparagraph. |
Amendment 94
Proposal for a regulation
Article 7 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Member States, including competent authorities, and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. | 7. Member States, including competent authorities, and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. |
Amendment 95
Proposal for a regulation
Article 7 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood. | deleted |
Amendment 96
Proposal for a regulation
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements. | 1. Political advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for political advertising services, including on the use of targeting and ad delivery techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements. |
Amendment 97
Proposal for a regulation
Article 8 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Paragraph 1 shall not apply to undertakings qualifying under Article 3(3) of Directive 2013/34/EU. | 2. Paragraph 1 shall not apply to undertakings qualifying as small and medium-sized enterprises under Article 3 paragraphs 1 to 3 of Directive 2013/34/EU. |
Amendment 98
Proposal for a regulation
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation. | 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable natural or legal persons to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation. |
Amendment 99
Proposal for a regulation
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including from the transparency notice. | 2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including for people with disabilities, even from the transparency notice. |
Amendment 100
Proposal for a regulation
Article 9 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertising publisher shall inform individuals of the follow up given to the notification as referred to in paragraph 1. | 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertising publisher shall inform natural or legal persons of the follow up given to the notification as referred to in paragraph 1 within a reasonable period of time. |
Amendment 101
Proposal for a regulation
Article 9 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. Upon request from interested entities, the political advertising publisher shall inform them of the decisions related to the notification referred to in paragraph 1. |
Amendment 102
Proposal for a regulation
Article 9 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. Political advertising publishers may suspend the processing of notifications submitted by natural or legal persons that frequently submit notifications that are manifestly unfounded. |
Amendment 103
Proposal for a regulation
Article 9 – paragraph 4 b (new)
| Text proposed by the Commission | Amendment |
| 4b. Where a political advertising publisher suspects a political advertisement to constitute disinformation, the competent national authorities should be informed. |
Amendment 104
Proposal for a regulation
Article 10 a (new)
| Text proposed by the Commission | Amendment |
| Article 10a | |
| Due Diligence for politicaladvertising services | |
| Providers of political advertising services shall do their best efforts to ensure compliance with all the requirements established in this Regulation before a political advertisement is published and disseminated. | |
| 1. Providers of political advertising services shall not be liable for the incorrect identification, referred to in Article 5, or incomplete or incorrect information, referred to in Articles 6 and 7, about each political advertisement, as long as they demonstrate that they have: | |
| (a) made best efforts to identify all instances of a political advertising, and | |
| (b) made best efforts to ensure the correctness and completeness of the information of all instances of a political advertising; and | |
| (c) upon receiving and examining a notice submitted according to Article 9, to stop making available the unlawful political advertisement, and made best efforts to prevent their future incorrect uploads in accordance with points (a) and (b). |
Amendment 105
Proposal for a regulation
Article 14 a (new)
| Text proposed by the Commission | Amendment |
| Article 14a | |
| Codes of conduct | |
| 1. The Member States, the supervisory authorities and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Regulation, taking account the cross border nature of providers of political advertising. | |
| 2. Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation. |
Amendment 106
Proposal for a regulation
Article 15 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of Article 12 of this Regulation in their respective field of competence. Article 58 of Regulation (EU) 2016/679 and Article 58 of Regulation (EU) 2018/1725 shall apply mutatis mutandis. Chapter VII of Regulation (EU) 2016/679 shall apply for activities covered by Article 12 of this Regulation. | 1. Without prejudice to Article 51 of Regulation (EU)2016/679 and Article 52 of Regulation (EU) 2018/1725, supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of Article 12 of this Regulation in their respective field of competence. Article 58 of Regulation (EU) 2016/679 and Article 58 of Regulation(EU) 2018/1725 shall apply mutatis mutandis. Chapter VII of Regulation (EU) 2016/679 shall apply for activities covered by Article 12 of this Regulation. |
Amendment 107
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) promote media and digital literacy programmes to foster the knowledge, skills and understanding that allow both, citizens and political advertising service providers, to engage effectively with the publication and dissemination of political advertising, and to ensure compliance with and the enforcement of this Regulation. |
Amendment 108
Proposal for a regulation
Article 15 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. | 6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. |
Amendment 109
Proposal for a regulation
Article 15 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation. | 7. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation, and ensure good cooperation with other contact points and authorities at Union level. |
Amendment 110
Proposal for a regulation
Article 15 – paragraph 8 – point c
| Text proposed by the Commission | Amendment |
| (c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a timeframe proportionate to the urgency of the request provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested. | (c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and without undue delay provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested. |
Amendment 111
Proposal for a regulation
Article 15 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation. | 9. Contact points shall meet at least biannually at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation. |
Amendment 112
Proposal for a regulation
Article 16 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) the nature, gravity and duration of the infringement; | (a) the nature, gravity, recurrence and duration of the infringement; |
Amendment 113
Proposal for a regulation
Article 16 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Infringements of Article 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised. | 4. Infringements of Article 7 shall be considered to be particularly serious where they concern digital political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised. |
Amendment 114
Proposal for a regulation
Article 16 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. If a service provider intentionally or negligently infringes the provisions of this regulation, for the same or linked political advertising, the total amount of the administrative fine shall be sufficiently adjustable in order to take into account all the relevant factors; the fact that the Regulation has been violated in multiple respects shall be reflected in the amount of the total fine, in compliance with the principle of proportionality. | 5. If a service provider intentionally or negligently continuously infringes the provisions of this regulation, for the same or linked political advertising, the total amount of the administrative fine shall be sufficiently adjustable in order to take into account all the relevant factors; the fact that the Regulation has been violated in multiple respects shall be reflected in the amount of the total fine, in compliance with the principle of proportionality. |
Amendment 115
Proposal for a regulation
Article 18 – paragraph 1
| Text proposed by the Commission | Amendment |
| Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public. | Within a 12-month period following each election to the European Parliament and for the first time by 31 December 2025 at the latest, the Commission shall present an evaluation report on the applicability of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public. |
Amendment 116
Proposal for a regulation
Article 19
| Text proposed by the Commission | Amendment |
| Article 19 | deleted |
| Exercise of the delegation | |
| 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. | |
| 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]. | |
| 3. The delegation of power referred to in Article 7(8) and Article 12(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | |
| 4. As soon as it adopts a delegated act, the Commission shall notify that act simultaneously to the European Parliament and to the Council. | |
| 5. A delegated act adopted pursuant to Article 7(8) or Article 12(8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
Amendment 117
Proposal for a regulation
Annex I – point a
| Text proposed by the Commission | Amendment |
| (a) where the notice is not within the advertisement itself, an example/representation of the political advertisement or a link to it. | (a) where the notice is not within the advertisement itself, an example/representation of the digital political advertisement or a link to it. |
Amendment 118
Proposal for a regulation
Annex I – point b
| Text proposed by the Commission | Amendment |
| (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity. | (b) the identity and place of establishment of the sponsor on behalf of whom the digital political advertisement is disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity. |
Amendment 119
Proposal for a regulation
Annex I – point c
| Text proposed by the Commission | Amendment |
| (c) the period during which the political advertisement is disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past. | (c) the period during which the digital political advertisement is disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past. |
Amendment 120
Proposal for a regulation
Annex I – point d
| Text proposed by the Commission | Amendment |
| (d) any election with which the advertising is linked, if applicable. | (d) any electoral cycle, legislative or regulatory process with which the digital political advertising is linked, if applicable. |
Amendment 121
Proposal for a regulation
Annex I – point i
| Text proposed by the Commission | Amendment |
| (i) where the advertisement is linked to specific elections or referendums, links to official information about the modalities for participation in the election or referendum concerned. | (i) where the digital political advertisement is linked to specific elections or referendums, links to official information about the modalities for participation in the election or referendum concerned. |