What changed between the draft committee report and the plenary report

Article 2 – paragraph 1 – point 4 – point d: (d) a candidate for or holder of any elected office at Union, national, regional and local level, or for one of the leadership positions within a political party;

Article 2 – paragraph 1 – point 4 – point e: deleted

Change 11

Changed:Article 2 – paragraph 1 – point 4 – point hf: a(f) (new):an (ha)unelected state-run,member state-fundedof orgovernment state-ownedat contentUnion, producers;national, regional or local level;

Change 12

Changed:Article 2 – paragraph 1 – point 5: 5.4 ‘political– advertisingpoint service’g: means(g) a service consisting of political advertising withcampaign theorganisation exceptionwith ofor anwithout onlinelegal intermediarypersonality, serviceestablished withinfor the meaning of Article 2(f)purpose of Regulation (EU) 2021/XXX [Digital Services Act] that is provided withoutinfluencing considerationthe foroutcome theof placement,an promotion,election, publicationreferendum or disseminationa forlegislative theor specificregulatory message;process;

Change 13

Added:Article 2 – paragraph 1 – point 4 – point h: (h) any natural or legal person representing or acting on behalf of any of the persons or organisations referred to in points (a) to (g), promoting the political objectives of any of those.

Added:Article 2 – paragraph 1 – point 5: 5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article 3, point (g) of Regulation (EU) 2022/2065 (Digital Services Act) that is provided without consideration for the preparation, placement, promotion, publication, delivery or dissemination of the specific message;

Article 2 – paragraph 1 – point 5 a (new): 5a. 'provider of political advertising services' means a natural or legal person engaged in the provision of political advertising services, with the exception of purely ancillary services;

Change 14

Changed:Article 2 – paragraph 1 – point 7:6: 7.6. ‘sponsor’‘political advertising campaign’ means the naturalpreparation, placement, promotion, publication, delivery or legaldissemination personof ona whoseseries behalfof linked advertisements in the course of a contract for political advertisementadvertising, ison prepared,the placed,basis promoted,of publishedcommon preparation, sponsorship or disseminated;funding;

Change 15

Changed:Article 2 – paragraph 1 – point 8:6 8.a ‘targeting(new): techniques’6a. means‘very techniqueslarge thatonline areplatform’ usedmeans toan addressonline platform designated as a tailoredvery politicallarge advertisementonline onlyplatform pursuant to aArticle specific33(4) personof orRegulation group(EU) of2022/2065 persons;(Digital Services Act);

Change 16

Removed:Article 2 – paragraph 1 – point 8 a (new): 8a. 'amplification or ad delivery techniques' means techniques that are used to increase the circulation, reach or visibility of a political advertisement, such as automated techniques of processing of personal data that typically rely on algorithms or automated processing of data and that are employed by political advertising publisher or providers of political advertising services involved in the promotion, publication and dissemination of ads to determine a specific audience within the potential audience defined by the sponsors and providers of advertising services, acting on behalf of sponsors;

Added:Article 2 – paragraph 1 – point 6 b (new): 6b. ‘very large online search engine’ means an online search engine designated as a very large online search engine pursuant to Article 33(4) of Regulation (EU) 2022/2065 (Digital Services Act);

Change 17

Changed:Article 2 – paragraph 1 – point 11:7: 11.7. 'political‘sponsor’ advertisingmeans publisher'the meansnatural aor providerlegal ofperson politicalon advertisingwhose servicebehalf thata promote,political publishadvertisement oris disseminateprepared, politicalplaced, advertisingpromoted, throughpublished, anydelivered medium;or disseminated;

Change 18

Removed:Article 2 – paragraph 2: For the purposes of point (2) of the first paragraph, messages from official sources strictly limited to the organisation and modalities for participation in elections or referendums or for promoting participation in elections or referendums shall not constitute ‘political advertising’.

Added:Article 2 – paragraph 1 – point 8: 8. ‘targeting techniques’ means techniques that are used by sponsors, political advertising publishers or providers of advertising services to tailor a political advertisement only to a specific person or group of persons or to exclude them by processing personal data, in particular through the collection of their data;

Removed:Article 2 a (new): Article 2 a / Identification of a political advertisement / For the purpose of determining whether a message constitutes a political advertisement all its features should be taken into consideration, and in particular the following: / (a) the content of the message; / (b) the sponsor of the message; / (c) the language used to convey the message, the means by which the message is promoted, published or disseminated, and the targeted audience; / (d) the context in which the message is conveyed, including the period of dissemination such as election or referendum periods and legislative or regulatory process; / (e) the objective of the message; / (f) clear and substantial link between the message and its design and liability to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. / The Commission shall encourage Member States, including competent authorities to prepare common guidance, codes of conduct and standards intended to contribute to the correct application of this Article in accordance with Article 18a.

Added:Article 2 – paragraph 1 – point 8 a (new): 8a. ‘ad delivery techniques’ means automated techniques of processing of personal data that typically rely on algorithms or the automated processing of data and that are employed by political advertising publishers or providers of political advertising services involved in the promotion, publication and dissemination of political advertisements to determine a specific audience within the potential audience defined by the sponsors and providers of advertising services, acting on behalf of sponsors;

Removed:Article 3 – paragraph 1: 1. Member States shall not maintain or introduce, on grounds related to the transparency of political advertising, provisions or measures diverging from those laid down in this Regulation.

Added:Article 2 – paragraph 1 – point 9: 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State, in accordance with national legislation, and during which the campaign activities are subject to specific rules;

Added:Article 2 – paragraph 1 – point 11: 11. ‘political advertising publisher’ means a provider of political advertising service that places, promotes, publishes, delivers or disseminates political advertising through any medium;

Added:Article 2 – paragraph 2: For the purposes of the first paragraph, point (2) messages from official sources shall not constitute political advertising if they are strictly limited to the announcement of elections or referendums or of the modalities for participation in elections or referendums.

Added:Article 3 – paragraph 1: 1. Member States shall not maintain or introduce, on grounds related to transparency of political advertising, provisions or measures diverging from those laid down in this Regulation.

Added:Article 3 – paragraph 2: 2. The provisions of political advertising services shall not be prohibited nor restricted, including geographically, on grounds related to transparency when the requirements of this Regulation are complied with.

Added:Article 3 a (new): Article 3a / Provision of political advertising services in the Union / 1. Providers of political advertising services shall not discriminate against sponsors on grounds of their place of residence or, where applicable, establishment, when those sponsors request, conclude or hold a contract for political advertising services. / 2. By way of exception from paragraph 1, political advertising services shall be provided only to a sponsor or a service provider acting on behalf of a sponsor who is a citizen of the Union, or a natural or legal person residing or established in the Union. / 3. The provision of cross border political advertising services to European Political Parties within the meaning of Regulation [Regulation on Political Parties] shall not be subject to restrictions other than those provided for by this Regulation or other acts of Union or national law, where applicable.

Chapter II – title: TRANSPARENCY AND DUE DILIGENCE OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES

Article 4 – title: Transparency and due diligence obligations for political advertising services

Change 19

Changed:Article 4 – paragraph 1: Political advertising services shall be provided in a transparent and diligent manner in accordance with the obligations laid down in Articles 54 to 11 and Article 14 of this Regulation.

Change 20

Changed:Article 4 – paragraph 1 a (new): Providers of political advertising services shall ensure that the contractual arrangementscontracts concluded for the provision of a political advertising services specifyclearly set out how the relevant provisions of this RegulationRegulation, including regarding due diligence and allocation of responsibility for provision, as well as completeness and accuracy of information, are to be effectively complied with.

Change 21

Changed:Article 45 – paragraph 11: b1. (new):Providers Politicalof advertising services shall berequest providedsponsors onlyand providers of advertising services acting on behalf of sponsors to adeclare sponsorwhether orthe aadvertising service that they request the service provider actingto onperform behalfconstitutes a political advertising service within the meaning of aArticle sponsor2(5). whoSponsors isand aproviders citizenof advertising services acting on behalf of thesponsors Union,shall ormake tosuch a naturaldeclaration orin legalgood personfaith residingand orin establishedclear interms, theand Union.shall be responsible for its accuracy.

Change 22

Changed:Article 5 – paragraph 1:1 1.a (new): 1a. Providers of advertising services shallthat requestreceive sponsorsa anddeclaration, providersfrom a sponsor, or from a provider of advertising services acting on behalf of sponsors to declarea whethersponsor, thethat advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors andshall providersmake ofbest advertisingefforts servicesto actingensure onthat behalfthose ofdeclarations sponsorsare shallmade makein suchaccordance awith declarationparagraph in1 goodbefore faiththe andprovision inof clearthe terms.service.

Change 23

Changed:Article 5 – paragraph 1 a (new):2: 1a.2. Providers of political advertising services,services whichshall receiveensure athat declarationthe fromcontractual aarrangements sponsorconcluded orfor the provision of a political advertising service providerrequire the sponsor and where applicable providers of advertising services acting on behalf of athe sponsor to provide the effectinformation thatnecessary advertisingto constitutescomply politicalwith advertisingArticles 6(1), 7(1) and 7a(1), as appropriate. / Sponsors shall makeensure bestthe effortsaccuracy of, and provide the information necessary to comply with Article 6(1), points (ca) and (d), Article 7(1), points (a), (b) and (ba), and Article 7a(1), points (a) and (b). / Sponsors, or where applicable providers of advertising services acting on behalf of sponsors shall ensure thatthe suchaccuracy declarationsof, areand madeprovide inthe accordanceinformation necessary to comply with paragraphArticle 1.6(1), points (a), (b), (ba), (c) and (da) and Article 7a(1), points (c), (d) and (e). / Sponsors and providers of advertising services acting on behalf of sponsors shall provide that information in a timely, complete and accurate manner.

Change 24

Changed:Article 5 – paragraph 2:2 2.a (new): 2a. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service require the sponsorsponsors, or providers of advertising services acting on behalf of sponsorssponsors, towho providesubmit thea informationdeclaration necessaryor toinformation complyin accordance with this Article 6(1),that pointsis (a),manifestly (d)erroneous andto (e).correct Sponsorsthat anddeclaration or that information. Sponsors, or providers of advertising services acting on behalf of sponsorssponsors, shall provide the information necessary to comply with Articleact 6(1)upon insuch a timely, completerequest andwithout accurateundue manner.delay.

Change 25

Changed:Article 5 – paragraph 2 ab (new): 2a. Providers of advertising services shall request that the2b. sponsorsWhere orapplicable, providers of advertising services acting on behalf of sponsorsshall whodesign submitand aorganise declarationtheir oronline informationinterface in accordance with thisa Articleway that is manifestly erroneous correct theirenables declarationsponsors, and that information. Sponsors or providers of advertising services acting on behalf of sponsorssponsors, shallto actcomply onwith thattheir requestobligations withoutas unduereferred delay.to in paragraph 1 of this Article and Article 6(1).

Change 26

Changed:Article 5 – paragraph 2 bc (new): 2b.2c. Political advertising publishers that are also Very Large Online Platforms (VLOPs) within the meaning of Article 25 of Regulation xxx [the Digital Services Act] and Very Large Online Search Engines (VLOSEs) as defined in Article 2 of Regulation xxx [the Digital Servicesshall Act]diligently shallidentify, identifyanalyse and assess theany systemic risks that their political advertising services pose in the context of their risk assessments underaccording to Article 2634 of Regulation (EU) 2021/xxx [the2022/2065 Digital(Digital Services Act]Act) and put in place reasonable, proportionate and effective mitigation measures in accordance with Article 35 of Regulation (EU) 2022/2065 (Digital Services Act) to address these risks.

Change 27

Removed:Article 5 – paragraph 2 c (new): 2c. The Commission shall encourage Member States, including competent authorities, to prepare common guidance, codes of conduct and standards intended to contribute to the proper application of this Article in accordance with Article 18a.

Added:Article 5 a (new): Article 5a / Identification of a political advertisement / For the purpose of determining whether a message constitutes a political advertising within the meaning of Article 2(2)(b), account shall be taken of all its features, and in particular the following: / (a) the content of the message; / (b) the sponsor of the message; / (c) the spoken or written language used to convey the message; / (d) the form of the message or the means by which the message is prapared, placed, promoted, published, delivered or disseminated; / (e) the targeted audience; / (f) the context in which the message is conveyed, including the period of dissemination such as election or referendum periods, or disseminaion of the message during and a legislative or regulatory process; / (g) the objective of the message. / The Commission shall draw up common guidance intended to contribute to the proper application of this Article.

Article 6 – title: Record-keeping and transmission of information to the political advertising publisher

Change 28

Added:Article 6 – paragraph 1 – introductory part: 1. Providers of political advertising services shall retain information they collect in the provision of their services, to the extent necessary to comply with this Regulation, on the following:

Article 6 – paragraph 1 – point b: (b) the specific service or services that they provided in connection with the political advertising;

Change 29

Changed:Article 6 – paragraph 1 – point c: (c) the amountsb theya invoiced(new): for(ba) the servicestarting ordate servicesand, provided,where andavailable, the value of other benefits received in part or fullperiod exchangeduring forwhich the service or services provided and the sources of those amounts and otherwere benefits;provided;

Change 30

Changed:Article 6 – paragraph 1 – point d:c: (d)(c) the identity ofamounts thethey sponsorinvoiced offor the politicalservice advertisementor andservices whereprovided, applicableand the entityvalue ultimatelyof controllingother thebenefits sponsorreceived andin theirpart contactor detailsfull andexchange for legal persons, theirthe placeservice ofor establishment;services andprovided;

Change 31

Added:Article 6 – paragraph 1 – point c a (new): (ca) information on the public or private origin of those amounts and other benefits, as well as whether they originate from inside or outside of the Union;

Added:Article 6 – paragraph 1 – point d: (d) the identity of the sponsor of the political advertisement and its contact details and, where applicable, the identity and the contact details of the legal or natural person who ultimately controlls the sponsor, and for legal persons, the place of establishment; and

Article 6 – paragraph 1 – point d a (new): (da) where applicable, an indication of elections or referendums to which the political advertisement is linked.

Change 32

Changed:Article 6 – paragraph 2: 2. The information referred to in paragraph 1 shall be both in writingwritten orand in electronic form. Such information shall be retained in a machine-readable format for a period of fiveten years from the date of the last preparation, placement, promotion, publicationpublication, delivery or dissemination, as the case may be.

Change 33

Changed:Article 6 – paragraph 3: 3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated in a timely and accurate manner to the political advertising publisher which will promote,place, publishpromote publish, deliver or disseminate the political advertisement, so as to enable political advertising publishers to comply with their obligations under this Regulation. Providers of political advertising services shall make bestreasonable efforts to ensure that the information retained pursuant to paragraph 1 is complete and accurate. / When the political advertising publisher is the only provider of political advertising services, the sponsor shall communicate the relevant information to the political advertising publisher.

Change 34

Changed:Article 6 – paragraph 3 a (new): 3a. At the same timeWhen thata providersprovider of political advertising services provide theprovides relevanta service, theyit shall also transmit to the relevant political advertising publisher the information retained pursuant to paragraph 1 in accordance with best practice and industry standards, where technically possiblepossible, by means of a standardised automated process,.process.

Change 35

Changed:Article 6 – paragraph 3 b (new): 3b. When providers of political advertising services become aware that information which they have transmitted to the relevanta political advertising publisher has been updated, they shall ensure that the updated information is communicated to them.the political advertising publisher.

Article 7 – title: Labelling requirements for political advertisements

Change 36

Changed:Article 7 – paragraph 1 – subparagraph 1 – introductory part: 1. The politicalPolitical advertising publishers shall make availableensure inthat eachevery political advertisement contains the following information in a clear, salient and unambiguous way:information:

Change 37

Changed:Article 7 – paragraph 1 – subparagraph 1 – point a: (a) a clear statement to the effect that it is a political advertisement;

Change 38

Changed:Article 7 – paragraph 1 – subparagraph 1 – point b: (b) the identity of the sponsor of the political advertisement andand, where applicableapplicable, the entity or person ultimately controlling or financing the sponsor;

Change 39

Changed:Article 7 – paragraph 1 – point c: (c) asubparagraph clear1 indication– ofpoint whereb a transparency notice describing the(new): wider(ba) contextwhere ofapplicable, the political advertisement, alongelection, withreferendum, anlegislative indicationor ofregulatory itsprocess politicalto naturewhich thatthe canpolitical beadvertisement easilyis retrieved.linked.

Change 40

Removed:Article 7 – paragraph 1 a (new): 1a. By ... [date 6 months after the entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 19, supplementing this Article by establishing harmonised and prominent labels for political advertising. Those labels should: / (a) enable citizens to understand that they are confronted with a political advertisement; / (b) remain in place in the event that a political advertisement is further disseminated; / (c) contain all the information referred to in paragraph 1. / When adopting those delegated Acts, the Commission shall ensure that labels are consistent with latest technological developments.

Added:Article 7 – paragraph 1 – subparagraph 1 – point c: (c) a clear indication of where a permanent copy of the transparency notice containing the information referred to in Article 7a can be easily and directly retrieved, and, where necessary and possible, an update of that indication;

Added:Article 7 – paragraph 1 – subparagraph 1 a (new): Political advertising publishers shall ensure the completeness of information referred to in paragraphs 1a, 1b, 1ba, and 1c and the accuracy of information referred to in paragraph 1c.

Added:Article 7 – paragraph 1 – subparagraph 2: deleted

Added:Article 7 – paragraph 1 a (new): 1a. The information referred to in points (a) to (c) of paragraph 1 shall be made available in the form of labels. / Those labels shall be prominent, enable individuals to easily identify a political advertisiment as such and remain in place in the event that the political advertisement is further disseminated.

Added:Article 7 – paragraph 1 b (new): 1b. By [12 months after the entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement paragraph 1a of this Article establishing standardised and efficient techniques for labelling of political advertising including for the audiovisual sector, printed media, online and offline advertising, taking into account the particular characteristics of the medium in which it is published. / When adopting those delegated acts, the Commission shall take account of the latest technological and market developments, relevant scientific research and best practices.

Added:Article 7 – paragraph 1 c (new): 1c. In order to ensure uniform conditions for the implementation of paragraphs 1 and 1a of this Article, the Commission shall adopt implementing acts establishing uniform labels. / Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19a(2).

Article 7 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)