SECTION 1 — Independent media authorities
National regulatory authorities or bodies
1. The national regulatory authorities or bodies shall ensure, where applicable by consulting or coordinating with other relevant authorities or bodies or, where relevant, self-regulatory bodies in their Member States, that this Chapter is applied.
2. The national regulatory authorities or bodies shall be subject to the requirements set out in Article 30 of Directive 2010/13/EU in relation to the exercise of the tasks assigned to them by this Regulation.
3. Member States shall ensure that the national regulatory authorities or bodies have adequate financial, human and technical resources to carry out their tasks under this Regulation.
4. Where needed for carrying out their tasks under this Regulation, Member States shall ensure that the national regulatory authorities or bodies are empowered to request the following persons to provide, within a reasonable period of time, information and data that are proportionate and necessary for carrying out the tasks under this Chapter:
(a)
the natural persons to whom or the legal persons to which this Chapter applies; and
(b)
any other natural or legal person that, for purposes related to its trade, business or profession, might reasonably be in possession of such information and data.
SECTION 2 — European Board for Media Services
European Board for Media Services
1. The European Board for Media Services (the ‘Board’) is hereby established.
2. The Board shall replace and succeed the European Regulators Group for Audiovisual Media Services (ERGA) established by Article 30b of Directive 2010/13/EU.
Independence of the Board
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in accordance with this Regulation.
Structure of the Board
1. The Board shall be composed of representatives of national regulatory authorities or bodies.
2. Each member of the Board shall have one vote.
3. The Board shall take decisions by a two-thirds majority of its members with voting rights.
4. Where a Member State has more than one national regulatory authority or body, those national regulatory authorities or bodies shall coordinate with each other as necessary and appoint a joint representative. The joint representative shall exercise the right to vote.
5. The Board shall elect a Chair and a Vice-Chair from amongst its members. The term of office of the Chair shall be one year, renewable once. The Board may set up a Steering Group. The Board shall be represented by its Chair.
6. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in the deliberations of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the activities of the Board.
7. The Board may invite experts and, in agreement with the Commission, permanent observers to attend its meetings.
8. The Board shall adopt its rules of procedure, in consultation with the Commission. Those rules of procedure shall include the arrangements for the prevention and management of conflicts of interest of the members of the Board.
Secretariat of the Board
1. The Board shall be assisted by a secretariat. The Commission shall provide the secretariat, taking into account the needs indicated by the Board. The secretariat shall be adequately resourced for the performance of its tasks.
2. The main task of the secretariat shall be to contribute to the independent execution of the tasks of the Board laid down in this Regulation and in Directive 2010/13/EU. The secretariat shall act on the sole instructions of the Board regarding its tasks under this Regulation.
3. The secretariat shall provide administrative and organisational support to the Board with regard to its activities. The secretariat shall also assist the Board substantively in carrying out its tasks.
Consultation mechanism
1. Where the Board considers matters beyond the audiovisual media sector, it shall consult representatives from the relevant media sectors operating at Union or national level.
2. The Board shall, in its rules of procedure, set out the arrangements for conducting consultations as referred to in paragraph 1. Such arrangements shall ensure that it is possible to involve several representatives, as appropriate.
3. Where possible, the Board shall make the results of consultations as referred to in paragraph 1 publicly available.
Tasks of the Board
1. Without prejudice to the powers granted to the Commission by the Treaties, the Board shall advise and support the Commission on matters related to media services within the Board’s competence and promote the consistent and effective application of this Chapter and the implementation of Directive 2010/13/EU throughout the Union. The Board shall therefore:
(a)
provide technical expertise to the Commission with regard to its task of ensuring the consistent and effective application of this Chapter and the implementation of Directive 2010/13/EU across all Member States, without prejudice to the tasks of national regulatory authorities or bodies;
(b)
promote cooperation and the effective exchange of information, experience and best practices between the national regulatory authorities or bodies on the application of the Union and national rules applicable to media services, including this Regulation and Directive 2010/13/EU, in particular as regards Articles 3, 4 and 7 of that Directive;
(c)
when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c), and Article 28a(7) of Directive 2010/13/EU;
(d)
in consultation with the Commission, draw up opinions with respect to:
(i)
requests for cooperation between national regulatory authorities or bodies, in accordance with Article 14(5) of this Regulation;
(ii)
requests for enforcement measures in the event of disagreement between the requesting authority or body and the requested authority or body, including recommended actions, pursuant to Article 15(3) of this Regulation;
(iii)
national measures concerning media services from outside the Union, in accordance with Article 17(2) of this Regulation;
(e)
at the request of a media service provider with which a provider of a very large online platform has engaged in a dialogue as referred to in Article 18(6) of this Regulation, draw up opinions on the outcome of such a dialogue;
(f)
on its own initiative, at the request of the Commission or upon a duly justified and reasoned request of a media service provider that is individually and directly affected, draw up opinions with respect to regulatory or administrative measures which are likely to significantly affect the operation of media service providers in the internal market for media services, in accordance with Article 21(4) of this Regulation;
(g)
draw up opinions on draft assessments or draft opinions of national regulatory authorities or bodies, in accordance with Article 22(5) of this Regulation;
(h)
on its own initiative or at the request of the Commission, draw up opinions with respect to media market concentrations which are likely to affect the functioning of the internal market for media services, in accordance with Article 23(1) of this Regulation;
(i)
assist the Commission in drawing up guidelines with respect to:
(i)
the application of this Regulation and the implementation of Directive 2010/13/EU, in accordance with Article 16(2) of this Regulation;
(ii)
the elements referred to in Article 22(2), points (a), (b) and (c), of this Regulation, in accordance with paragraph (3) of that Article;
(iii)
the application of Article 24(1), (2) and (3) of this Regulation pursuant to paragraph (4) of that Article;
(j)
at the request of at least one of the national regulatory authorities or bodies concerned, mediate in the event of disagreements between national regulatory authorities or bodies, in accordance with Article 15(3) of this Regulation;
(k)
foster cooperation on harmonised standards related to the design of devices or user interfaces or to digital signals carried by such devices, in accordance with Article 20(5) of this Regulation;
(l)
coordinate relevant measures by the national regulatory authorities or bodies concerned related to the dissemination of or access to content of media services from outside of the Union that target or reach audiences in the Union, where such media services prejudice or present a serious and grave risk of prejudice to public security, in accordance with Article 17(1) of this Regulation, and develop, in consultation with the Commission, a set of criteria as referred to in paragraph 4 of that Article;
(m)
organise a structured dialogue between providers of very large online platforms and representatives of media service providers and of civil society, and report on the results of such a dialogue to the Commission, in accordance with Article 19 of this Regulation;
(n)
foster the exchange of best practices related to the deployment of audience measurement systems, in accordance with Article 24(5) of this Regulation;
(o)
exchange experience and best practices on media literacy, including to foster the development and use of effective measures and tools to strengthen media literacy;
(p)
draw up a detailed annual report on its activities and tasks.
The Board shall make the detailed annual report referred to in point (p) of the first subparagraph publicly available. When invited to do so, the Chair shall present that report to the European Parliament.
2. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, unless otherwise provided for in Union law, taking into account the urgency of the matter.
3. The Board shall forward its deliverables to the contact committee established by Article 29(1) of Directive 2010/13/EU (the ‘contact committee’).
SECTION 3 — Regulatory cooperation and convergence
Structured cooperation
1. A national regulatory authority or body (the ‘requesting authority’) may at any time request one or more other national regulatory authorities or bodies (the ‘requested authorities’) to cooperate with it, including by exchanging information or by means of mutual assistance, for the consistent and effective application of this Chapter or the implementation of Directive 2010/13/EU.
2. A request for cooperation shall contain all the necessary information related to it, including the purpose of and reasons for the request for cooperation.
3. The requested authority may refuse to address a request for cooperation only in the following cases:
(a)
it is not competent with regard to the subject matter of the request for cooperation or to provide the type of cooperation requested;
(b)
the execution of the request for cooperation would infringe this Regulation, Directive 2010/13/EU or other Union law or national law which complies with Union law and to which the requested authority is subject;
(c)
the scope or the subject matter of the request for cooperation has not been duly justified or is disproportionate.
The requested authority shall, without undue delay, provide the reasons for any refusal to address a request for cooperation. Where the requested authority has refused a request for cooperation under point (a) of the first subparagraph, it shall, where possible, indicate the competent authority.
4. The requested authority shall do its utmost to address and reply to a request for cooperation without undue delay and provide regular updates on the progress made in executing that request.
5. Where the requesting authority considers that the requested authority has not sufficiently addressed or replied to its request for cooperation, it shall inform the requested authority without undue delay, explaining the reasons for its position. Where the requesting authority and the requested authority do not come to an agreement concerning the request for cooperation, either authority may refer the matter to the Board. In accordance with timelines to be established by the Board in its rules of procedure, the Board shall issue, in consultation with the Commission, an opinion on the matter, including recommended actions. The authorities concerned shall do their utmost to take into account the opinion of the Board.
6. Where a requesting authority considers that there is a serious and grave risk of limitation of the freedom to provide or receive media services in the internal market or a serious and grave risk of prejudice to public security, it may submit a request to a requested authority to provide accelerated cooperation, while ensuring compliance with fundamental rights, in particular the freedom of expression, including for the purpose of ensuring the effective application of national measures referred to in Article 3 of Directive 2010/13/EU. The requested authority shall reply to and do its utmost to address requests for accelerated cooperation within 14 calendar days.
Paragraphs 2, 3 and 5 of this Article shall apply mutatis mutandis to requests for accelerated cooperation.
7. The Board shall set out in its rules of procedure further details on the procedure for structured cooperation as referred to in this Article.
Requests for enforcement of obligations of video-sharing platform providers
1. Without prejudice to Article 3 of Directive 2000/31/EC, a requesting authority may submit a duly justified request to a requested authority which is competent for the subject matter of the request to take necessary and proportionate actions for the effective enforcement of the obligations imposed on video-sharing platform providers under Article 28b(1), (2) and (3) of Directive 2010/13/EU.
2. The requested authority shall inform the requesting authority, without undue delay, of the actions it has taken or plans to take, or about the reasons for which actions were not taken, pursuant to a request for enforcement under paragraph 1. The Board shall establish the timelines for that purpose in its rules of procedure.
3. In the event of a disagreement between the requesting authority and the requested authority regarding actions taken or planned to be taken or a lack of actions following a request for enforcement under paragraph 1, either authority may refer the matter to the Board for mediation with a view to finding an amicable solution.
Where no amicable solution is found following mediation by the Board, the requesting authority or the requested authority may request the Board to issue an opinion on the matter. In its opinion, the Board shall assess whether the request for enforcement under paragraph 1 has been sufficiently addressed. Where the Board considers that the requested authority has not sufficiently addressed the request for enforcement, the Board shall recommend actions to address the request. The Board shall issue its opinion, in consultation with the Commission, without undue delay.
4. Following receipt of an opinion as referred to in paragraph 3, second subparagraph, the requested authority shall, without undue delay and within timelines to be established by the Board in its rules of procedure, inform the Board, the Commission and the requesting authority of the actions taken or planned to be taken in relation to the opinion.
Guidance on media regulation matters
1. The Board shall foster the exchange of best practices among the national regulatory authorities or bodies, consulting stakeholders where appropriate, on regulatory, technical or practical aspects relevant to the consistent and effective application of this Chapter and the implementation of Directive 2010/13/EU.
2. Where the Commission issues guidelines related to the application of this Regulation or the implementation of Directive 2010/13/EU, the Board shall assist it by providing expertise on regulatory, technical or practical aspects, in particular as regards:
(a)
the appropriate prominence of audiovisual media services of general interest under Article 7a of Directive 2010/13/EU;
(b)
making information accessible on the ownership structure of media service providers, as provided for by Article 5(2) of Directive 2010/13/EU and Article 6(1) of this Regulation.
Where the Commission issues guidelines related to the implementation of Directive 2010/13/EU, it shall consult the contact committee.
3. Where the Commission issues an opinion on a matter related to the application of this Regulation or the implementation of Directive 2010/13/EU, the Board shall assist the Commission.
Coordination of measures concerning media services from outside the Union
1. Without prejudice to Article 3 of Directive 2010/13/EU, the Board shall, at the request of the national regulatory authorities or bodies from at least two Member States, coordinate relevant measures by the national regulatory authorities or bodies concerned related to the dissemination of or access to media services originating from outside the Union or provided by media service providers established outside the Union that, irrespective of their means of distribution or access, target or reach audiences in the Union where, inter alia, in view of the control that could be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security.
2. The Board, in consultation with the Commission, may issue opinions on appropriate measures as referred to in paragraph 1. Without prejudice to their powers under national law, the competent national authorities concerned, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board.
3. Member States shall ensure that the national regulatory authorities or bodies concerned are not precluded from taking into account an opinion issued by the Board under paragraph 2 when considering taking measures as referred to in paragraph 1 against a media service provider.
4. The Board, in consultation with the Commission, shall develop a set of criteria for the use of national regulatory authorities or bodies when they exercise their regulatory powers over media service providers as referred to in paragraph 1. National regulatory authorities or bodies shall do their utmost to take those criteria into account.
SECTION 4 — Provision of and access to media services in a digital environment
Content of media service providers on very large online platforms
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to:
(a)
declare that they are media service providers;
(b)
declare that they comply with Article 6(1);
(c)
declare that they are editorially independent from Member States, political parties, third countries and entities controlled or financed by third countries;
(d)
declare that they are subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States and to oversight by a competent national regulatory authority or body or that they adhere to a co-regulatory or self-regulatory mechanism governing editorial standards that is widely recognised by and accepted in the relevant media sector in one or more Member States;
(e)
declare that they do not provide content generated by artificial intelligence systems without subjecting it to human review or editorial control;
(f)
provide their legal name and contact details, including an email address, through which the provider of the very large online platform can communicate quickly and directly with them; and
(g)
provide the contact details of the relevant national regulatory authorities or bodies or representatives of the co-regulatory or self-regulatory mechanisms referred to in point (d).
Where there is reasonable doubt concerning the media service provider’s compliance with point (d) of the first subparagraph, the provider of a very large online platform shall seek confirmation on the matter from the relevant national regulatory authority or body or the relevant co-regulatory or self-regulatory mechanism.
2. Providers of very large online platforms shall ensure that the information declared under paragraph 1, with the exception of the information set out in paragraph 1, first subparagraph, point (f), is made publicly available in an easily accessible manner on their online interface.
3. Providers of very large online platforms shall acknowledge receipt of declarations submitted pursuant to paragraph 1 and provide their contact details, including an email address, through which the media service provider can communicate directly and quickly with them.
Providers of very large online platforms shall, without undue delay, indicate whether they accept or reject declarations submitted pursuant to paragraph 1.
4. Where a provider of a very large online platform intends to take a decision to suspend the provision of its online intermediation services in relation to content provided by a media service provider that has submitted a declaration pursuant to paragraph 1 of this Article or a decision to restrict the visibility of such content, on the grounds that such content is incompatible with its terms and conditions, prior to such a decision to suspend or restrict visibility taking effect, it shall:
(a)
communicate to the media service provider concerned a statement of reasons as referred to in Article 4(1) of Regulation (EU) 2019/1150 and Article 17 of Regulation (EU) 2022/2065 for its envisaged decision to suspend or restrict visibility; and
(b)
give the media service provider the opportunity to reply to the statement of reasons referred to in point (a) of the first subparagraph of this paragraph within 24 hours of receiving it or, in the case of a crisis as referred to in Article 36(2) of Regulation (EU) 2022/2065, within a shorter timeframe which allows the media service provider sufficient time to reply in a meaningful manner.
Where, following or in the absence of a reply as referred to in point (b) of the first subparagraph, the provider of a very large online platform takes a decision to suspend or restrict visibility, it shall inform the media service provider concerned without undue delay.
This paragraph shall not apply where providers of very large online platforms suspend the provision of their services in relation to content provided by a media service provider or restrict the visibility of such content in compliance with their obligations pursuant to Articles 28, 34 and 35 of Regulation (EU) 2022/2065 and Article 28b of Directive 2010/13/EU or with their obligations relating to illegal content pursuant to Union law.
5. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints lodged by media service providers under Article 11 of Regulation (EU) 2019/1150 or Article 20 of Regulation (EU) 2022/2065 are processed and decided upon with priority and without undue delay. A media service provider may be represented by a body in the internal complaint-handling process referred to in those Articles.
6. Where a media service provider that has submitted a declaration pursuant to paragraph 1 considers that a provider of a very large online platform has repeatedly restricted or suspended, without sufficient grounds, the provision of its services in relation to content provided by the media service provider, the provider of a very large online platform shall engage in a meaningful and effective dialogue with the media service provider, at its request, in good faith with a view to finding an amicable solution, within a reasonable timeframe, for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome and the details of such a dialogue to the Board and to the Commission. The media service provider may request the Board to issue an opinion on the outcome of such a dialogue, including, where relevant, recommended actions for the provider of a very large online platform. The Board shall inform the Commission of its opinion.
7. Where a provider of a very large online platform rejects or invalidates a declaration by a media service provider submitted pursuant to paragraph 1 of this Article or where no amicable solution is found following a dialogue pursuant to paragraph 6 of this Article, the media service provider concerned may resort to mediation under Article 12 of Regulation (EU) 2019/1150 or to out-of-court dispute settlement under Article 21 of Regulation (EU) 2022/2065. The media service provider concerned may notify the Board of the outcome of that mediation or out-of-court dispute settlement.
8. A provider of a very large online platform shall make publicly available on an annual basis detailed information on:
(a)
the number of instances in which it imposed any restriction or suspension on the grounds that the content provided by a media service provider that has submitted a declaration pursuant to paragraph 1 is incompatible with its terms and conditions;
(b)
the grounds for imposing such restrictions or suspensions, including the specific clauses in its terms and conditions with which the media service providers’ content was deemed incompatible;
(c)
the number of dialogues with media service providers pursuant to paragraph 6;
(d)
the number of instances in which it rejected declarations submitted by a media service provider pursuant to paragraph 1 and the grounds for rejection;
(e)
the number of instances in which it invalidated a declaration submitted by a media service provider pursuant to paragraph 1 and the grounds for invalidation.
9. With a view to facilitating the consistent and effective implementation of this Article, the Commission shall issue guidelines to facilitate the effective implementation of the functionality referred to in paragraph 1.
Structured dialogue
1. The Board shall regularly organise a structured dialogue between providers of very large online platforms, representatives of media service providers and representatives of civil society in order to:
(a)
discuss experience and best practices in the application of Article 18, including as regards the functioning of very large online platforms and their processes for moderating content provided by media service providers;
(b)
foster access to diverse offerings of independent media on very large online platforms; and
(c)
monitor adherence to self-regulatory initiatives which aim to protect users from harmful content, including disinformation and foreign information manipulation and interference.
2. The Board shall report on the results of structured dialogues as referred to in paragraph 1 to the Commission. Where possible, the Board shall make the results of such structured dialogues publicly available.
Right to customise the media offering
1. Users shall have a right to easily change the configuration, including default settings, of any device or user interface controlling or managing access to and the use of media services providing programmes in order to customise the media offering in accordance with their interests or preferences in compliance with Union law. This paragraph shall not affect national measures implementing Article 7a or 7b of Directive 2010/13/EU.
2. When placing devices and user interfaces as referred to in paragraph 1 on the market, manufacturers, developers and importers shall ensure that such devices and user interfaces include a functionality enabling users to freely and easily change at any time their configuration, including default settings controlling or managing access to and use of the media services offered.
3. Manufacturers, developers and importers of devices and user interfaces as referred to in paragraph 1 shall ensure that the visual identity of media service providers to whose services their devices and user interfaces give access is consistently and clearly visible to the users.
4. Member States shall take appropriate measures to ensure that manufacturers, developers and importers of devices and user interfaces as referred to in paragraph 1 comply with paragraphs 2 and 3.
5. The Board shall foster cooperation between media service providers, standardisation bodies or any other relevant stakeholders in order to promote the development of harmonised standards related to the design of devices or user interfaces as referred to in paragraph 1 or to digital signals carried by such devices.
SECTION 5 — Requirements for well-functioning media market measures and procedures
National measures affecting media service providers
1. Legislative, regulatory or administrative measures taken by a Member State that are liable to affect media pluralism or the editorial independence of media service providers operating in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non-discriminatory.
2. Any national procedure used for the purpose of adopting an administrative measure as referred to in paragraph 1 shall follow timeframes set out in advance. Such procedures shall be conducted without undue delay.
3. Any media service provider subject to a regulatory or administrative measure as referred to in paragraph 1 that concerns it individually and directly shall have the right to appeal that measure before an appellate body. That body, which may be a court, 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 to enable it to carry out its functions effectively and in a timely manner.
4. Where a regulatory or administrative measure as referred to in paragraph 1 is likely to significantly affect the operation of media service providers in the internal market, the Board shall, on its own initiative, at the request of the Commission or upon a duly justified and reasoned request of a media service provider that is individually and directly affected by such a measure, draw up an opinion on the measure. Without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. The Board and the Commission shall make their opinions publicly available.
5. For the purpose of drawing up an opinion under paragraph 4, the Board and, where applicable, the Commission may request relevant information from a national authority or body that has adopted a regulatory or administrative measure as referred to in paragraph 1 that affects a media service provider individually and directly. The national authority or body concerned shall provide that information without undue delay by electronic means.
Assessment of media market concentrations
1. Member States shall lay down, in national law, substantive and procedural rules which allow for an assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence. Those rules shall:
(a)
be transparent, objective, proportionate and non-discriminatory;
(b)
require the parties involved in such a media market concentration to notify the concentration in advance to the relevant national authorities or bodies or provide such authorities or bodies with appropriate powers to obtain information from those parties which is necessary to assess the concentration;
(c)
designate the national regulatory authorities or bodies as the ones responsible for the assessment or ensure that they are substantively involved in the assessment;
(d)
set out in advance objective, non-discriminatory and proportionate criteria for notifying such media market concentrations and for assessing the impact on media pluralism and editorial independence; and
(e)
specify in advance the timeframes for completing such assessments.
The assessment of media market concentrations referred to in this paragraph shall be distinct from Union and national competition law assessments, including those provided for under merger control rules. It shall be without prejudice to Article 21(4) of Regulation (EC) No 139/2004, where applicable.
2. In an assessment of media market concentrations as referred to in paragraph 1, the following elements shall be taken into account:
(a)
the expected impact of the media market concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media services and the media offering on the market, taking into account the online environment and the parties’ interests in, links to or activities in other media or non-media businesses;
(b)
the safeguards for editorial independence, including the measures taken by media service providers with a view to guaranteeing the independence of editorial decisions;
(c)
whether, in the absence of the media market concentration, the parties involved in the media market concentration would remain economically sustainable, and whether there are any possible alternatives to ensure their economic sustainability;
(d)
where relevant, the findings of the Commission’s annual rule of law report concerning media pluralism and media freedom; and
(e)
where applicable, the commitments that any of the parties involved in the media market concentration might offer to safeguard media pluralism and editorial independence.
3. The Commission, assisted by the Board, shall issue guidelines on the elements referred to in paragraph 2, points (a), (b) and (c).
4. Where a media market concentration is likely to affect the functioning of the internal market for media services, the national regulatory authority or body concerned shall consult the Board in advance on its draft assessment or draft opinion.
5. Within timelines to be established by the Board in its rules of procedure, the Board shall draw up an opinion on the draft assessment or draft opinion referred to in paragraph 4, taking into account the elements referred to in paragraph 2, and transmit that opinion to the national regulatory authority or body concerned and the Commission.
6. The national regulatory authority or body referred to in paragraph 4 shall take utmost account of the opinion referred to in paragraph 5. Where that national regulatory authority or body does not follow the opinion, fully or partially, it shall provide the Board and the Commission with a reasoned justification explaining its position within timelines to be established by the Board in its rules of procedure.
Opinions on media market concentrations
1. In the absence of an assessment or a consultation pursuant to Article 22, the Board, on its own initiative or at the request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where that media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements referred to in Article 22(2). The Board may bring such media market concentrations to the attention of the Commission.
2. Without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter.
3. The Board and the Commission shall make their opinions as referred to in this Article publicly available.
SECTION 6 — Transparent and fair allocation of economic resources
Audience measurement
1. Providers of audience measurement systems shall ensure that their audience measurement systems and the methodology used by their audience measurement systems comply with the principles of transparency, impartiality, inclusiveness, proportionality, non-discrimination, comparability and verifiability.
2. Without prejudice to the protection of undertakings’ trade secrets as defined in Article 2, point (1), of Directive (EU) 2016/943, providers of proprietary audience measurement systems shall provide, without undue delay and free of charge, to media service providers, to advertisers and to third parties authorised by media service providers and advertisers accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems.
Providers of proprietary audience measurement systems shall ensure that the methodology used by their audience measurement systems and the way in which it is applied is independently audited once a year. At the request of a media service provider, a provider of a proprietary audience measurement system shall provide it with information on audience measurement results, including non-aggregated data, which relate to the media content and media services of that media service provider.
This paragraph shall not affect the Union’s data protection and privacy rules.
3. National regulatory authorities or bodies shall encourage providers of audience measurement systems to draw up, together with media service providers, providers of online platforms, their representative organisations and any other interested parties, codes of conduct or shall encourage providers of audience measurement systems to comply with codes of conduct jointly agreed and widely accepted by media service providers, their representative organisations and any other interested parties.
Codes of conduct as referred to in the first subparagraph of this paragraph shall be intended to promote the regular, independent and transparent monitoring of the effective achievement of their objectives and compliance with the principles referred to in paragraph 1, including through independent and transparent audits.
4. The Commission, assisted by the Board, may issue guidelines on the practical application of paragraphs 1, 2 and 3, taking into account, where appropriate, codes of conduct as referred to in paragraph 3.
5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems, representatives of media service providers, representatives of providers of online platforms and other interested parties.
Allocation of public funds for state advertising and supply or service contracts
1. Public funds or any other consideration or advantage made available, directly or indirectly, by public authorities or entities to media service providers or providers of online platforms for state advertising or supply or service contracts concluded with media service providers or providers of online platforms shall be awarded in accordance with transparent, objective, proportionate and non-discriminatory criteria, made publicly available in advance by electronic and user-friendly means, and by means of open, proportionate and non-discriminatory procedures.
Member States shall seek to ensure that the overall yearly public expenditure allocated for state advertising is distributed to a wide plurality of media service providers represented on the market, taking into account the national and local specificities of the media markets concerned.
This Article shall not affect the awarding of public contracts and concession contracts under Union public procurement rules or the application of Union State aid rules.
2. Public authorities or entities shall make publicly available by electronic and user-friendly means information on an annual basis about their public expenditure for state advertising. That information shall include at least the following:
(a)
the legal names of the media service providers or the providers of online platforms from which services were purchased;
(b)
where applicable, the legal names of the business groups of which any media service providers or providers of online platforms as referred to in point (a) are part; and
(c)
the total annual amount spent and the annual amounts spent per media service provider or provider of an online platform.
Member States may exempt subnational governments of territorial entities of less than 100 000 inhabitants, and entities controlled, directly or indirectly, by such subnational governments, from the obligation under point (b) of the first subparagraph.
3. National regulatory authorities or bodies or other competent independent authorities or bodies in the Member States shall monitor and report annually on the allocation of state advertising expenditure to media service providers and to providers of online platforms based on the information listed in paragraph 2. Those annual reports shall be made publicly available in an easily accessible manner.
In order to assess the completeness of the information on state advertising made available pursuant to paragraph 2, national regulatory authorities or bodies or other competent independent authorities or bodies in the Member States may request from the public authorities or entities referred to in the first subparagraph of paragraph 2 further information, including more detailed information on the application of the criteria and procedures referred to in paragraph 1.
Where the monitoring, assessment and reporting are carried out by other competent independent authorities or bodies in the Member States, they shall keep the national regulatory authorities or bodies duly informed.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
