Content of media service providers on very large online platforms
Article 18
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.