Changes from report parliamentary committee draft to plenary report

RemovedArticle 18 – paragraph 2: 2. The Board shall report on the results of the dialogue to the Commission and to the Member States.

AddedArticle 16 – paragraph 2 b (new): 2b. The Board shall develop a set of guidelines concerning media service providers established outside the Union. Where the competent authorities or bodies of a Member State take action against such a provider, they shall do their utmost to take into account the guidelines developed by the Board.

RemovedArticle 19 – paragraph 1: 1. Users shall have a right to easily change the default settings of any device or user interface controlling or managing access to and use of audiovisual media services in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing, inter alia, Article 7a of Directive 2010/13/EU.

AddedArticle 16 – paragraph 2 c (new): 2c. Where a media service provider established outside the Union falls under the territorial jurisdiction of a Member State pursuant to Article 2(4) of Directive 2010/13/EU, in addition to any opinions of the Board issued under paragraph 2 of this Article, a regulatory authority or body of another Member State may request the competent authorities or bodies of the Member State under whose territorial jurisdiction the media service provider falls to take appropriate action against that provider where it assesses that the provider has manifestly, seriously and gravely infringed Article 6(1), point (b), of Directive 2010/13/EU or has prejudiced or presented a serious and grave risk of prejudice to public security, including the safeguarding of national security and defence.

RemovedArticle 20 – paragraph 1: 1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the provision of media services or the operation of media service providers in the internal market shall be duly and objectively justified and proportionate and shall minimise disruptions on the operation of media service providers. Such measures shall be reasoned, transparent, objective and non-discriminatory.

AddedArticle 17 – paragraph 1 – introductory part: 1. Providers of very large online platforms shall ensure that decisions concerning content moderation and any other actions they undertake do not negatively impact media freedom and pluralism. They shall ensure that their content moderation and monitoring processes have adequate human resources to cover all languages and geographical regions of the Union. They shall provide a functionality allowing recipients of their services to declare:

RemovedArticle 20 – paragraph 4: 4. The Board may draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Opinions by the Board shall be made publicly available.

AddedArticle 17 – paragraph 1 – point a: (a) that they are media service providers within the meaning of Article 2(2) and fulfil the duty set out in Article 6(1);

RemovedArticle 20 – paragraph 5: 5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concerned. A media service provider affected individually and directly by a measure may contact the Board to request an opinion on that measure.

AddedArticle 17 – paragraph 1 – point b: (b) that they are editorially independent from any Union institution, body, office or agency and from Member States, political parties and third countries and that they are functionally independent from private entities whose corporate purpose is not related to the creation or dissemination of media services;

RemovedArticle 21 – title: Assessment of media market concentrations significantly impacting media pluralism

AddedArticle 17 – paragraph 1 – point c: (c) that they are subject to regulatory requirements for the exercise of editorial responsibility and oversight by a competent national regulatory authority or body in one or more Member States or that they comply with a co-regulatory or self-regulatory mechanism governing editorial standards that is transparent, legally recognised and widely accepted in the relevant media sector in one or more Member States;

RemovedArticle 21 – paragraph 1 – subparagraph 1 – introductory part: Where Member States lay down rules in their national legal systems which ensure that concentrations in the media market are assessed with a view to safeguarding, maintaining and promoting media pluralism, these rules shall:

AddedArticle 17 – paragraph 1 – point c a (new): (ca) that they do not provide content generated by an artificial intelligence system without subjecting such content to human oversight and editorial control;

RemovedArticle 21 – paragraph 1 – subparagraph 1 – point b: (b) require the parties to a media market concentration that could have a significant impact on media pluralism to notify that concentration in advance to the relevant national authorities or bodies;

AddedArticle 17 – paragraph 1 – point c b (new): (cb) their name and the name of their managing director, their professional contact details, including an email address and telephone number, and their place of establishment;

Change 10

ChangedArticle 2117 – paragraph 1 – subparagraphpoint 1c –c point(new): c:(cc) (c)information designateabout the competent national regulatory authority or body as responsible foror the assessmentrepresentative of the impact of a notifiable concentration on media pluralismco-regulatory or ensure the involvement of the national regulatoryself-regulatory authoritymechanism orto bodywhich inthey suchare assessment;subject.

Change 11

ChangedArticle 2117 – paragraph 1 –a subparagraph(new): 11a. –Providers pointof d:very (d)large setonline outplatforms inshall advanceensure objective,that non-discriminatorythe andfunctionality proportionatereferred criteriato in paragraph 1 allows for assessinginformation declared thereunder, with the impactexception of marketthe concentrationsinformation onset mediaout pluralism;in paragraph 1, point (cb), to be publicly and easily accessible.

Change 12

ChangedArticle 2117 – paragraph 1 –b subparagraph(new): 11b. –Providers pointof dvery alarge (new):online (da)platforms setshall out,acknowledge receipt of declarations submitted under paragraph 1. They shall state in advance,the criteria,acknowledgement whether or benchmarksnot forthey accept the identificationdeclaration. andThey settingshall immediately communicate the acknowledgement of criteriareceipt byto the media service provider concerned, the competent national regulatory authority or body,body againstconcerned whichor the admissibilityrepresentative of athe concentrationco-regulatory isor toself-regulatory bemechanism assessed;concerned. forIn thatthe assessment,acknowledgement considerationof receipt, providers of very large online platforms shall beindicate givena ascompetent tocontact whetherperson or body through which the acquiringmedia entityservice provider can communicate directly and quickly with the acquiredprovider entityof wouldthe remainvery economicallylarge viableonline withoutplatform. theWhere concentrationa andprovider whetherof alternativesa existvery large online platform accepts a declaration submitted by a media service provider under paragraph 1, that media service provider shall be deemed to ensurebe theira economicrecognised viability.media service provider.

Change 13

AddedArticle 17 – paragraph 1 c (new): 1c. On a request from a provider of a very large online platform which has not accepted a declaration submitted under paragraph 1, point (c), due to having a reasonable doubt as to the nature of that declaration, the relevant national regulatory authority or body or the representative of the relevant co-regulatory or self-regulatory mechanism shall confirm the nature of or invalidate that declaration. Where the relevant national regulatory authority or body or the representative of the relevant co-regulatory or self-regulatory mechanism confirms the nature of that declaration, the media service provider shall be deemed to be a recognised media service provider.

AddedArticle 17 – paragraph 1 d (new): 1d. On a request from a media service provider that considers that the provider of a very large online platform has unjustly invalidated its declaration submitted under paragraph 1, the relevant national authority or body or the representative of the relevant co-regulatory or self-regulatory mechanism concerned shall clarify the matter. Where the provider of a very large online platform decides not to accept the clarification provided by the relevant national authority or body or the representative of the relevant co-regulatory or self-regulatory mechanism, the media service provider may appeal against that decision to the competent national regulatory authority or body. The competent national regulatory authority or body shall rule on the matter without delay. The Board shall issue a recommendation. Where the competent national regulatory authority or body confirms the declaration, the media service provider shall be deemed to be a recognised media service provider.

AddedArticle 17 – paragraph 1 e (new): 1e. Where a provider of a very large online platform has frequently suspended or restricted, pursuant to paragraph 2, the provision of its online intermediation services in relation to a media service provided by a media service provider on the basis of a breach of its terms and conditions, that provider of the very large online platform may invalidate the declaration submitted by the media service provider under paragraph 1. The provider of the very large online platform shall inform the supervising or regulatory entity and the Board that it has invalidated the declaration.

AddedArticle 17 – paragraph 2: 2. Where a provider of a very large online platform decides to suspend or restrict the provision of its online intermediation services in relation to a media service provided by a recognised media service provider because that media service is incompatible with its terms and conditions, it shall, without prejudice to the mitigating measures in relation to a systemic risk referred to in Article 34 of Regulation (EU) 2022/2065, communicate to that recognised media service provider the reasons accompanying that decision, specifying the specific clause in the terms and conditions with which the media service was incompatible, as required by Article 4(1) of Regulation (EU) 2019/1150 and Article 17(3) of Regulation (EU) 2022/2065. / The provider of the very large online platform shall give the recognised media service provider the opportunity to respond to the reasons accompanying its decision within 24 hours prior to the suspension or restriction taking effect.

AddedArticle 17 – paragraph 2 a (new): 2a. Where, following the 24-hour period referred to in paragraph 2, the second subparagraph, and after due consideration of the response of the recognised media service provider, the provider of the very large online platform considers the media service concerned to be incompatible with its terms and conditions, it may refer the case to the relevant competent national regulatory authority or body or the body of the relevant self-regulatory or co-regulatory mechanism. The relevant competent national regulatory authority or body or the representative of the relevant self-regulatory or co-regulatory mechanism shall decide, without delay, whether the intended suspension or restriction is justified in view of the specific clause in the terms and conditions of the provider of the very large online platform, taking into account fundamental freedoms.

AddedArticle 17 – paragraph 3: 3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 or Article 20 of Regulation (EU) 2022/2065 by recognised media service providers are processed and decided upon with priority and, in any event, no later than 24 hours after submission of the complaint. The media service provider may be represented by a body in complaints procedures.

AddedArticle 17 – paragraph 4: 4. Where a recognised media service provider considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content or services provided by the media service provider without sufficient grounds and in a manner that undermines media freedom and media pluralism, the provider of the very large online platform shall, at the request of the media service provider, engage in a meaningful and effective consultation with the media service provider, in good faith with a view to finding an amicable solution within a reasonable timeframe that avoids unjustified restrictions or suspensions in the future. The media service provider may notify the outcome of such consultations to the Board and to the national digital services coordinator referred to in Regulation (EU) 2022/2065. Where no amicable solution can be found, the media service provider may lodge a complaint before a certified out-of-court dispute settlement body in accordance with Article 21 of Regulation (EU) 2022/2065.

AddedArticle 17 – paragraph 5 – point a: (a) the number of instances in which they initiated the process to suspend or restrict the provision of their online intermediation service pursuant to paragraph 2;

AddedArticle 17 – paragraph 5 – point b: (b) the grounds for imposing such suspensions or restrictions, including the specific clause in their terms and conditions with which the media service provider was incompatible;

AddedArticle 17 – paragraph 5 – point b a (new): (ba) the number of instances in which they refused to accept declarations submitted by a media service provider under paragraph 1 and the grounds for refusing to accept them.

AddedArticle 17 – paragraph 6: 6. With a view to facilitating the consistent and effective implementation of this Article, the Commission, in consultation with the Board, shall issue guidelines to establish the form and details of the declaration set out in paragraph 1.

AddedArticle 17 – paragraph 6 a (new): 6a. This Article shall be without prejudice to the right of media service providers to effective judicial protection.

AddedArticle 18 – paragraph 1: 1. The Board, with the involvement of the Expert Group, shall regularly organise a structured dialogue between providers of very large online platforms, providers of very large online search engines, representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of Article 17 of this Regulation in order to:

AddedArticle 18 – paragraph 1 – point a (new): (a) foster access to diverse offers of independent media on very large online platforms and very large online search engines;

AddedArticle 18 – paragraph 1 – point b (new): (b) monitor compliance with self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interference;

AddedArticle 18 – paragraph 1 – point c (new): (c) examine the potential and actual impact of the design and functioning of very large online platforms or very large online search engines, of the design and functioning of their respective recommendation systems and content moderation processes and of decisions by providers of very large online platforms and providers of very large online search engines on media freedom and media pluralism.

AddedArticle 18 – paragraph 2: 2. The Board shall present the report on the results of the dialogue to the Commission, to the European Parliament and to the Council . Such results shall be made publicly available.

AddedArticle 19 – title: Right of customisation of the audio and audiovisual media offer

AddedArticle 19 – paragraph 1: 1. Users shall have a right to easily change the configuration of audiovisual media services or of applications allowing users to access such services on a user interface or on devices, including remote controls, controlling or managing access to and use of audio or audiovisual media services in order to customise the audio or audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Articles 7a and 7b of Directive 2010/13/EU.

AddedArticle 19 – paragraph 2: 2. Any person who places on the market devices, including remote controls, or user interfaces referred to in paragraph 1, shall ensure that they include a functionality enabling users to freely and easily change, at any time, the settings and default layout, including the configuration of audiovisual media services or of applications allowing users to access such services, controlling or managing access to and use of the audiovisual media services offered. The provisions of Article 25 of Regulation (EU) 2022/2065 shall apply accordingly.

AddedArticle 19 – paragraph 2 a (new): 2a. Any person operating devices as referred to in paragraph 2 or user interfaces shall ensure that the identity of the media service provider who has editorial responsibility for a media service is consistently and clearly visible and identifiable, provided that this information has been provided by the relevant media service provider.

AddedArticle 20 – paragraph 1: 1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect media pluralism and the editorial independence of media service providers regarding either the provision or the operation of their media services in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non-discriminatory.

AddedArticle 20 – paragraph 2: 2. Any national procedure used for the purposes of the preparation or the adoption of a regulatory or administrative measure as referred to in paragraph 1 shall be subject to clear timeframes set out in advance. Such timeframes shall be of sufficient length to ensure that such measures and their consequences can be properly considered and that media service providers directly affected can provide feedback on them.

AddedArticle 20 – paragraph 3: 3. Without prejudice and in addition to its right to effective judicial protection, any media service provider subject to an administrative or regulatory measure referred to in paragraph 1 that concerns it individually and directly shall have the right to appeal against that measure to an appellate body, which may be a court of law. That body shall be independent of the parties involved and of any external intervention or political pressure liable to jeopardise its independent assessment of matters coming before it. It shall have the appropriate expertise and funding to enable it to carry out its functions effectively and to respond to any appeals timely. Such appellate bodies may take opinions issued by the Board on the matter into consideration.

AddedArticle 20 – paragraph 4: 4. The Board, on its own initiative or upon request of the Commission or the European Parliament, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services or to impact media pluralism or editorial independence. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission shall issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.

AddedArticle 20 – paragraph 5: 5. Where a national authority or body adopts a measure that affects directly a media service provider and is likely to affect media pluralism and editorial independence or the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities or bodies concerned. On a request from a media service provider affected directly by a measure taken by a Member State, the Board shall issue an opinion on the measure concerned.

AddedArticle 21 – paragraph 1 – subparagraph 1 – introductory part: Member States shall provide, in national law, substantive and procedural rules which ensure an assessment of media market concentrations that could have an impact on media pluralism and editorial independence. These rules shall:

AddedArticle 21 – paragraph 1 – subparagraph 1 – point b: (b) require the parties to a media market concentration that could have an impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;

AddedArticle 21 – paragraph 1 – subparagraph 1 – point c: (c) designate the national regulatory authorities or bodies as responsible for the assessment of the impact of a notifiable media market concentration on media pluralism and editorial independence or ensure their substantial involvement in such assessment or require them to consult other national regulatory authorities or bodies of the Member State that could contribute to the assessment of a media market concentration;

AddedArticle 21 – paragraph 1 – subparagraph 1 – point d: (d) set out in advance objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence;

AddedArticle 21 – paragraph 1 – subparagraph 1 – point d a (new): (da) specify in advance a reasonable period of time by which the national regulatory authority or body conducting the assessment is to complete the assessment, taking into account the period of time required for the involvement of the Board, the Commission, or both, in accordance with paragraphs 4 and 5;

AddedArticle 21 – paragraph 1 – subparagraph 1 – point d b (new): (db) specify the consequences of not completing the assessment by the end of the period referred to in point (da).

Article 21 – paragraph 2 – introductory part: 2. In the assessment referred to in paragraph 1, the following elements shall, in particular, be taken into account:

Change 14

RemovedArticle 21 – paragraph 2 – point -a (new): (-a) the media market in its entirety, including the online environment and very large online platforms;

AddedArticle 21 – paragraph 2 – point a: (a) the impact of the concentration on media pluralism at Union, national and regional level, including its geographical reach and its effects on the formation of public opinion and on the diversity of media players and content on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non-media businesses;

Change 15

ChangedArticle 21 – paragraph 2 – point a: (a) the impact of the concentration on media pluralism atb: Union,(b) nationalsafeguards andfor regionaleditorial level,independence, including its effects on the formationimpact of public opinionthe andconcentration on the diversityfunctioning of media playersthe andeditorial contentteams onand the market, including economicexistence andof editorialmeasures independence,by takingmedia intoservice accountproviders thetaken onlinewith environmenta andview theto parties’guaranteeing interests,ethical linksand orprofessional activitiesstandards inand otherthe mediaindependence orof non-mediaeditorial businesses;decisions;

Change 16

RemovedArticle 21 – paragraph 2 – point b: deleted

AddedArticle 21 – paragraph 2 – point c a (new): (ca) the results of the risk assessment carried out as part of the Commission’s annual rule of law report and the Media Pluralism Monitor to identify, analyse and assess risks to media freedom and media pluralism in the Member States.

RemovedArticle 21 – paragraph 2 – point c: deleted

AddedArticle 21 – paragraph 3: 3. The Commission, in consultation with the Board, shall issue guidelines to be taken into account by national regulatory authorities or bodies in assessing the impact of media market concentrations on media pluralism and editorial independence.

RemovedArticle 21 – paragraph 3: 3. The Board, may issue opinions on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations relevant for the internal market on media pluralism.