What changed between the draft committee report and the plenary report

Added:Article 2 – paragraph 1 – point 17 – point a: (a) terrorism as defined in Directive (EU) 2017/541 of the European Parliament and of the Council,

Added:Article 2 – paragraph 1 – point 17 a (new): (17a) ‘media literacy’ means skills, knowledge and understanding that allow citizens to use media effectively and safely which are not limited to learning about tools and technologies but aim to equip citizens with the critical thinking skills required to exercise judgment, analyse complex realities and recognise the difference between opinion and fact.

Added:Chapter II – title: Rights of recipients of media services, rights of media service providers and safeguards for the independent functioning of public service media providers

Added:Article 3 – paragraph 1: Member States shall ensure, in accordance with Article 11 of the Charter of Fundamental Rights of the European Union (the ‘Charter’), that recipients of media services have access to a plurality of media services produced by editorially independent media service providers, without any State interference, in order to ensure free and democratic discourse. Member States shall establish the necessary framework conditions to guarantee those rights and to safeguard, preserve and promote media pluralism.

Added:Article 4 – paragraph 1: 1. Media service providers shall have the right to exercise their economic activities in the internal market without restrictions other than those allowed pursuant to Union law.

Added:Article 4 – paragraph 2 – introductory part: 2. The Union, Member States and private entities shall respect the effective editorial freedom and independence of media service providers. Member States, including their national regulatory authorities and bodies, Union institutions, bodies, offices and agencies and private entities shall not:

Added:Article 4 – paragraph 2 – point a: (a) interfere in or try to influence in any way, directly or indirectly, editorial policies and editorial decisions by media service providers;

Added:Article 4 – paragraph 2 – point a a (new): (aa) oblige media services providers or their employees to disclose any information related to editorial processing, including on their sources, or to disseminate such information;

Added:Article 4 – paragraph 2 – point b: (b) detain, sanction, subject to search and seizure, or inspect media service providers, their employees or, if applicable, their family members, or any other person belonging to their professional network of relationships, including occasional contacts, or their corporate and private premises, where such actions might lead to a violation of their right to exercise their professional activity and, in particular, where such actions might result in access to journalistic sources;

Added:Article 4 – paragraph 2 – point b a (new): (ba) access encrypted content data on any device or in any machine used by media service providers or, if applicable, their families or their employees or their family members or, if applicable, any other person belonging to their professional or private network of relationships, including occasional contacts;

Added:Article 4 – paragraph 2 – point c: (c) deploy surveillance measures or use surveillance technology, or instruct private entities to use such measures or such technology, in any device or machine used by media service providers or, if applicable, their family members, or their employees or their family members or, if applicable, any other person belonging to their professional network, including occasional contacts.

Added:Article 4 – paragraph 2 – point c a (new): (ca) deploy spyware or any similar intrusive technology, or instruct private entities to use spyware or such technology, in any device or machine used by media service providers or, if applicable, their family members, or their employees or their family members or, if applicable, any other subject belonging to their professional network, including occasional contacts.

Added:Article 4 – paragraph 2 – point c b (new): (cb) commission a third party to carry out any of the actions referred to in points (b) to (ca).

Added:Article 4 – paragraph 2 a (new): 2a. By way of derogation from paragraph 2, point (b), Member States, including their national regulatory authorities and bodies, Union institutions, bodies, offices and agencies and private entities may carry out an action as referred to therein, provided that other legal measures would be inadequate and insufficient to obtain the information sought and provided that the action: / (a) is unrelated to the professional activity of a media service provider and its employees; / (b) does not result in access to journalistic sources; / (c) is provided for under national law; / (d) is justified on a case-by-case basis for the purpose of preventing, investigating or prosecuting a serious crime; / (e) complies with Article 52(1) of the Charter and other relevant Union law; / (f) is proportionate with respect to the legitimate aim pursued; and / (g) is ordered, ex ante, by an independent and impartial judicial authority with effective, known and accessible remedial measures ensured in accordance with Article 47 of the Charter and in compliance with other relevant Union law. / When carrying out actions as referred to in paragraph 2, point (b), the Member States, including their national regulatory authorities and bodies, Union institutions, bodies, offices and agencies and private entities shall not retrieve data related to the professional activity of media service providers and their employees, in particular data which offer access to journalistic sources.

Added:Article 4 – paragraph 2 b (new): 2b. By way of derogation from paragraph 2, points (ba) and (c), Member States, including their national regulatory authorities and bodies, Union institutions, bodies, offices and agencies and private entities may carry out an action as referred to therein, provided that the actions referred to in paragraph 2, point (b), would be inadequate and insufficient to obtain the information sought and provided that the action: / (a) complies with the conditions listed in paragraph 2a, points (a), (b), (c), (e), (f) and (g); / (b) concerns only the investigation or prosecution of a serious crime that is punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least five years; / (c) is carried out as a last resort; and (d) is subject to periodic review by an independent and impartial judicial authority.

Added:Article 4 – paragraph 2 c (new): 2c. By way of derogation from paragraph 2, point (ca), Member States, including their national regulatory authorities and bodies, Union institutions, bodies, offices and agencies and private entities may carry out an action as referred to therein, provided that the actions referred to in paragraph 2, point (ba) or (c), would be inadequate and insufficient to obtain the information sought and provided that the action complies with the conditions listed in paragraph 2a, points (a), (b), (c), (e), (f) and (g), and paragraph 2b, points (b), (c) and (d).

Added:Article 4 – paragraph 2 d (new): 2d. The carrying out of actions as referred to in paragraph 2, points (ba), (c) and (ca), shall be subject to ex-post scrutiny by means of judicial review or by means of another independent oversight mechanism. Member States shall inform persons targeted by actions as referred to in paragraph 2, points (b) to (ca), and persons whose data or communications were accessed as a result of such actions of the fact that their data or communications were accessed and of the duration and scope of the processing of those data, and the manner in which those data were processed. Member States shall ensure access to redress through an independent body for persons directly or indirectly affected by the carrying out of such actions. Member States shall publish the number of requests approved and rejected for the carrying out of such actions. The safeguards provided for in this paragraph shall extend to natural persons in non-standard forms of employment, such as freelancers exercising activities in the same field as media service providers and their employees.

Added:Article 4 – paragraph 3: 3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate a structurally and functionally independent authority or body, such as an ombudsperson, to handle complaints lodged by media service providers or their family members, the employees of media service providers or their family members, or any other person professionally or privately associated with them, regarding breaches of paragraph 2, points (aa), (b), (ba), (c), (ca) and (cb). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (aa), (b), (ba), (c), (ca) and (cb).

Added:Article 5 – paragraph 1: 1. Member states shall ensure, by means of national law and their actions, that public service media providers have full autonomy and editorial independence from governmental, political, economic or private vested interests in order to provide, in the exercise of their public service remit, in an impartial and independent manner, a plurality of information and opinions to their audiences.

Added:Article 5 – paragraph 2 – subparagraph 1: Member States shall ensure, by means of national law and their actions, that the principles of independence, accountability, effectiveness, transparency and openness are respected when the management structures of public service media are appointed. In particular, the head of management and the members of the governing board of public service media providers shall be appointed through a transparent, open and non-discriminatory procedure and on the basis of transparent, objective, non-discriminatory and proportionate criteria laid down in advance in national law.

Added:Article 5 – paragraph 2 – subparagraph 2: The duration of their term of office shall be established in national law, shall correspond to their tasks and shall be adequate and sufficient to ensure effective independence of the public media service provider. They may be dismissed before the end of their term of office only in exceptional circumstances where they no longer fulfil the legally predefined conditions required for the performance of their duties laid down in advance in national law or for specific reasons of illegal conduct or serious misconduct as defined in advance in national law.

Added:Article 5 – paragraph 2 – subparagraph 3: Dismissal decisions shall be duly justified on the basis of criteria laid down in advance in national law, subject to prior notification to the person concerned, and include the possibility for judicial review. The grounds for dismissal shall be made available to the public.

Added:Article 5 – paragraph 3: 3. Member States shall ensure that public service media providers have adequate, sustainable and predictable financial resources on a multiannual basis for the fulfilment of their public service remit and to meet the objectives thereof. Those resources and the process by which they are allocated shall be based on transparent criteria laid down in advance and shall be such that editorial independence is safeguarded while allowing for the development of media services for new audience interests or new content and media forms and for technical development.

Added:Article 5 – paragraph 3 a (new): 3a. Member States shall appoint an independent authority or establish independent procedures for determining the financial needs appropriate for public service media providers in accordance with paragraph 3. Member States shall ensure that independent judicial review is guaranteed. / The procedure for appointing an independent authority as referred to in the first subparagraph or the established procedures referred to therein shall be predictable, transparent, independent, impartial and non-discriminatory and be based on objective and proportionate criteria laid down in advance by national law.

Added:Article 5 – paragraph 4: 4. Member States shall put in place mechanisms or designate one or more independent authorities or bodies to monitor the application of paragraphs 1 to 3. Such mechanisms, authorities or bodies shall be free from government influence. In the event of doubt or following findings related to non-compliance or partial compliance with this Article, an opinion shall be issued by the independent authorities or bodies which shall inform the Board; the findings shall be made available to the public.

Added:Article 6 – paragraph 1 – introductory part: 1. Media service providers, in compliance with Union and national law, shall make the following information directly and permanently accessible in an easy manner to the recipients of their services:

Added:Article 6 – paragraph 1 – point a: (a) their legal name(s) and contact and registration details;

Added:Article 6 – paragraph 1 – point c: (c) the name(s) of their beneficial owners as defined in Article 3, point 6, of Directive (EU) 2015/849 of the European Parliament and of the Council;

Added:Article 6 – paragraph 1 – point c a (new): (ca) whether and to what extent their direct, indirect or beneficial ownership is held by the government, a State institution, a State-owned enterprise or another public body;

Added:Article 6 – paragraph 1 – point c b (new): (cb) the name and professional contact details of the natural person who bears editorial responsibility in accordance with the law of the relevant Member State, indicating, where the name and professional contact details of more than one person are given, the part of the media service for which each person is responsible;

Added:Article 6 – paragraph 1 – point c c (new): (cc) details concerning the ownership structure and how they are related to their parent and sister companies and their subsidiaries;

Added:Article 6 – paragraph 1 – point c d (new): (cd) State advertising and State financial support allocated to them.

Added:Article 6 – paragraph 1 a (new): 1a. Media service providers shall keep the information made accessible pursuant to paragraph 1 up to date.

Added:Article 6 – paragraph 1 b (new): 1b. Media service providers shall submit the information listed in paragraph 1 to the national media ownership databases referred to in paragraph 2b. Where there is a change in the information listed in paragraph 1, media service providers shall submit that updated information to the national media ownership databases within 30 days of the change.

Added:Article 6 – paragraph 1 c (new): 1c. In duly justified cases and upon request, media service providers, in compliance with Union and national law, shall make available to the national regulatory authorities or bodies, to the Board or, where applicable, to any party with a legitimate interest the business and financial interests or activities of their direct, indirect and beneficial owners in other businesses, including their links to politically exposed persons, as defined in Article 3, point (9), of Directive (EU) 2015/849 of the European Parliament and of the Council, and to persons known to be close associates, as defined in Article 3, point (11), of that Directive.

Added:Article 6 – paragraph 1 d (new): 1d. The information provided under paragraphs 1 and 2a shall respect the fundamental rights concerned, such as the respect for the private and family life of beneficial owners. That information shall be necessary and proportionate and shall aim to pursue an objective of general interest.

Added:Article 6 – paragraph 1 e (new): 1e. National regulatory authorities or bodies shall be entrusted to establish national media ownership databases to monitor compliance with the obligation set out in paragraph 1. Those databases shall be publicly available and shall comply with relevant Union law. / On a request from the national regulatory authorities or bodies, media service providers shall provide them with additional information for the purpose of assessing the accuracy of the information provided under paragraphs 1 and 2a.

Added:Article 6 – paragraph 1 f (new): 1f. National regulatory authorities or bodies shall submit data on the information provided under paragraph 1 on a quarterly basis to the European Database of Media Ownership referred to in Article 12, first paragraph, point (fa).

Added:Article 6 – paragraph 2 – introductory part: 2. Without prejudice to national constitutional laws consistent with the Charter, media service providers shall take measures that they deem appropriate with a view to guaranteeing the independence of editorial decisions. In particular, such measures shall aim to:

Added:Article 6 – paragraph 2 – point a: (a) guarantee that editors and editors-in-chief are free to take editorial decisions in the exercise of their professional activity within the editorial line of the media service provider; and

Added:Article 6 – paragraph 2 – point b: (b) ensure disclosure of any actual or potential conflict of interest, and of any attempts of interference in the editorial decisions of media service providers.

Added:Article 6 – paragraph 2 a (new): 2a. Media service providers which receive public funds from third countries for the purposes of advertising or purchases shall annually submit a report to the national regulatory authority or body. Such reports shall include at least the following details: / (a) the names of the entities granting public funds; / (b) the total annual amount of the public funds granted. / The national regulatory authority or body shall make information reported pursuant to the first subparagraph publicly available.

Added:Article 6 – paragraph 3: deleted

Added:Article 6 a (new): Article 6a / Restrictions on media ownership / 1. Natural persons entrusted with the following prominent public functions shall not be beneficial owners, as defined in Article 2(1), point (22), of Regulation (EU) XXXX/XXX [on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, COD 2021/0239], of any press publication or audiovisual media service within the duration of their term of office: / (a) in a Member State: / (i) heads of State, heads of government or ministers; / (b) at Union level: / (i) President of the European Council, President of the Commission or members of the Commission; / (c) in a third country: / (i) functions that are equivalent to those set out in point (a)(i). / 2. Where a natural person is entrusted with a prominent public function as set out in paragraph 1, they shall cease operating the media service provider concerned or terminate the business relationship, where it allows for the exercise of influence over the media service provider, with the media service provider concerned without undue delay but, in any event, no later than 60 days after becoming a politically exposed person as defined in Article 3, point (9), of Directive (EU) 2015/849.

Added:Article 7 – paragraph 2 a (new): 2a. Member states shall ensure that the national regulatory authorities or bodies are legally distinct from the government and functionally independent from their respective governments and from any other public or private body.

Added:Article 7 – paragraph 3: 3. Member States shall ensure that the national regulatory authorities or bodies have adequate financial, human and technical resources and expertise to carry out their tasks under this Regulation. Member States shall proportionally increase the financial, human and technical resources allocated to national regulatory authorities or bodies in order to take into account the additional tasks conferred upon them under this Regulation.

Added:Article 7 – paragraph 4 – subparagraph 1: Member States shall ensure that the national regulatory authorities or bodies are given access to, or are provided with, all information and data necessary for carrying out their tasks under this Regulation, in particular with regard to the natural or legal persons to which Chapter III applies.

Added:Article 7 – paragraph 4 – subparagraph 2: On a request from the national regulatory authorities or bodies, natural or legal persons to which Chapter III applies shall, within a reasonable time period, provide them with information that is proportionate to and necessary for carrying out the tasks set out in Chapter III. On a request from the national regulatory authorities or bodies, any other natural or legal person that, for purposes related to its trade, business or profession, might reasonably be in possession of information needed for carrying out the tasks set out in Chapter III shall provide them with that information.

Added:Article 7 – paragraph 4 a (new): 4a. National regulatory authorities or bodies shall hold regular consultations with the representatives of the media sector. National regulatory authorities or bodies shall publish annually and make publicly available reports which reflect the results of such consultations .

Added:Article 7 – paragraph 4 b (new): 4b. Member States shall entrust the national regulatory authorities or bodies with developing and maintaining dedicated online media ownership databases containing the information listed in Article 6(1), including at regional or local level. The public shall have easy, swift and effective access, free of charge, to such databases. National regulatory authorities or bodies shall produce regular reports on the ownership of media services under the jurisdiction of the Member State concerned.

Added:Article 8 – paragraph 1: 1. The European Board for Media Services (‘the Board’) is hereby established. The Board shall be a body of the Union and shall have legal personality.

Added:Article 8 – paragraph 1 a (new): 1a. The Board shall enjoy complete independence in the exercise of its functions.

Added:Article 8 – paragraph 2 a (new): 2a. The Board shall have a secretariat and shall be advised by the Expert Group established by Article 11a.

Added:Article 8 – paragraph 2 b (new): 2b. The Board and the secretariat shall be provided with the human and financial resources necessary for the performance of their tasks.

Added:Article 8 – paragraph 2 c (new): 2c. The budget of the Board and the secretariat shall be shown in a separate budgetary line within the relevant heading of section III of the budget of the Union.

Added:Article 9 – paragraph 1: 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, national agency or body, person or Union institution, body, office or agency. This shall not affect the competences of the Commission, or the national regulatory authorities or bodies in conformity with this Regulation. This shall also not affect the possibility for the other national regulatory authorities or bodies or representatives of self-regulatory or co-regulatory bodies to participate, as appropriate, in the meetings of the Board.

Added:Article 10 – paragraph 4: 4. The Board shall be represented by its Chair. The Board shall have a Steering Group. The Steering Group shall consist of members elected from among the members of the Board. The Steering Group shall consist of a Chair, a Vice-Chair, the outgoing Chair and two other members. The Chair and the other members of the Steering Group shall be elected from amongst its members by a two-thirds majority of its members with voting rights. The term of office of the Chair shall be two years.

Added:Article 10 – paragraph 5: 5. The Commission shall designate a representative to the Board. The representative of the Commission may participate in activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission and the European Parliament informed about the ongoing and planned activities of the Board and, in particular, on its work programme and main deliverables.

Added:Article 10 – paragraph 6: 6. The Board may invite experts and, with the agreement of the Commission, observers to attend its meetings or to participate, on an ad hoc basis, in its work.

Added:Article 10 – paragraph 8: 8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights. Prior to the adoption of its rules of procedure, the Board shall give the Commission an opportunity to provide comments. The Board shall lay down, in its rules of procedure, the practical arrangements for the prevention and management of conflict of interests and shall inform the European Parliament of the rules of procedures it adopts or any substantial changes it makes to them.