What changed between the adopted text of 3 Oct 2023 and the adopted text of 13 Mar 2024

Removed: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.

Removed: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.

Removed: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.

Removed:Article 11 – paragraph 1: 1. The Board shall be assisted by a separate and independent secretariat. The secretariat shall take instructions only from the Board.

Removed:Article 11 – paragraph 3: 3. The secretariat shall provide administrative and organisational support to the activities of the Board. The secretariat shall also assist the Board substantively in carrying out its tasks.

Removed:Article 11 a (new): Article 11a / Expert Group to the Board / 1. An Expert Group shall be established. The Expert Group shall consist of representatives from the media sector beyond the audiovisual media sector. The representatives of the Expert Groups shall be appointed in a transparent, objective and non-discriminatory manner. / 2. The Expert Group shall be composed of one or more representatives from the media sectors of each Member State, from European associations or from European organisations with expertise on media beyond the audiovisual media sector or one or more natural persons with expertise on media beyond the audiovisual media sector. Details on the full composition of the Expert Group shall be laid down in the Board’s rules of procedure. / 3. The Expert Group shall provide independent expertise, assistance and advice to the Board in carrying out its tasks on issues related to media freedom and pluralism. / 4. The Expert Group may draft a recommendation, on its own initiative or on a request by the Board, Commission or the European Parliament, regarding the Board’s work programme and the effective and consistent application of Chapter 3 of this Regulation. The Expert Group shall make such recommendations publicly available. / 5. Where the Board deals with a matter beyond the audiovisual media sector or relating to the press, it shall consult the Expert Group.

Removed:Article 12 – paragraph 1 – introductory part: The Board shall promote the effective and consistent application of this Regulation and of national rules implementing Directive 2010/13/EU throughout the Union. The Board shall:

Removed:Article 12 – paragraph 1 – point a: (a) support the Commission, through its expertise, in ensuring the correct application of this Regulation and the consistent implementation of Directive 2010/13/EU across all Member States, without prejudice to the tasks of national regulatory authorities or bodies;

Removed:Article 12 – paragraph 1 – point c: (c) advise the Commission, on its own initiative or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter, by which the Board is to respond to the Commission’s request;

Removed:Article 12 – paragraph 1 – point d: (d) on its own initiative or upon request of 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;

Removed:Article 12 – paragraph 1 – point e – introductory part: (e) draw up opinions with respect to:

Removed:Article 12 – paragraph 1 – point f – introductory part: (f) on its own initiative or upon request of the Commission, draw up opinions with respect to:

Removed:Article 12 – paragraph 1 – point f – point i: (i) national measures which are likely to affect the functioning of the internal market for media services or which have an impact on media pluralism or the editorial independence of media service providers, in accordance with Article 20(4) of this Regulation;

Removed:Article 12 – paragraph 1 – point f – point i a (new): (ia) factors to be taken into account when applying the criteria for assessing the impact of media market concentrations, in accordance with Article 21(3) of this Regulation;

Removed:Article 12 – paragraph 1 – point f – point ii: (ii) media market concentrations which are likely to affect the functioning of the internal market for media services or which have an impact on media pluralism or the editorial independence of media service providers, in accordance with Article 22(1) of this Regulation;

Removed:Article 12 – paragraph 1 – point f a (new): (fa) establish and maintain the European Database of Media Ownership, which collects information provided by national regulatory authorities and bodies under Article 6;

Removed:Article 12 – paragraph 1 – point g: (g) draw up opinions on draft national opinions or decisions assessing a notifiable media market concentration, in accordance with Article 21(5) of this Regulation;

Removed:Article 12 – paragraph 1 – point h – point ii: (ii) factors to be taken into account when applying the criteria for assessing the impact of media market concentrations on media pluralism and editorial independence in accordance with Article 21(3) of this Regulation;

Removed:Article 12 – paragraph 1 – point i: (i) upon request of at least one of the concerned authorities or bodies, mediate in the case of disagreements between national regulatory authorities or bodies, in accordance with Article 14(3) of this Regulation;

Removed:Article 12 – paragraph 1 – point j: (j) foster cooperation on harmonised European standards related to digital signals and the design of devices or user interfaces, in accordance with Article 15(4) of this Regulation;

Removed:Article 12 – paragraph 1 – point k: (k) coordinate national measures related to the dissemination of or access to content of media service providers established outside of the Union that target recipients in the Union, in accordance with Article 16(1) of this Regulation;

Removed:Article 12 – paragraph 1 – point l: (l) organise, with the involvement of the Expert Group, a structured dialogue between providers of very large online platforms, providers of very large online search engines and representatives of media service providers and of civil society and other relevant stakeholders, and report on its results to the Commission and to the European Parliament, in accordance with Article 18 of this Regulation;

Removed:Article 12 – paragraph 1 – point m a (new): (ma) develop, in consultation with media service providers and other relevant stakeholders, guidelines and recommendations on the criteria and methodology for the distribution of public funds for State advertising and purchases in accordance with Article 24;

Removed:Article 12 – paragraph 1 – point m b (new): (mb) support the Commission in carrying out the monitoring exercised referred to in Article 25;

Removed:Article 12 – paragraph 1 – point m c (new): (mc) foster the development and use of effective measures and tools to strengthen media literacy, including the development of best practices for national authorities and bodies, media service providers, online platforms and online search engines;

Removed:Article 12 – paragraph 1 – point m d (new): (md) prepare a detailed annual report and follow-up of its activities and tasks set out in this paragraph and present it to the European Parliament.

Removed:Article 12 – paragraph 1 a (new): In so far as necessary to achieve the objectives set out in this Regulation and to carry out its tasks, the Board may, without prejudice to the competences of the Member States and the Union institutions, in coordination with the Commission, cooperate with competent Union bodies, offices, agencies and advisory bodies, competent authorities in third countries and international organisations. To that end, the Board may, subject to prior approval by the Commission, establish working arrangements.

Removed:Article 13 – paragraph 1: 1. A national regulatory authority or body may request (‘requesting authority’) cooperation, including the exchange of information and mutual assistance, at any time from one or more national regulatory authorities or bodies (‘requested authorities’) for the effective application of this Regulation or the national measures implementing Directive 2010/13/EU.

Removed:Article 13 – paragraph 2: 2. Where a national regulatory authority or body considers that media content constitutes a public provocation to commit a terrorist offence as set out in Article 5 of Directive (EU) 2017/541 or presents a serious and grave risk of prejudice to public security and to the safeguarding of national security and defence, it may request other national regulatory authorities or bodies to provide accelerated cooperation or mutual assistance, while ensuring compliance with fundamental rights, in particular freedom of expression.

Removed:Article 13 – paragraph 3: 3. Requests for cooperation, such as the exchange of information and mutual assistance, shall contain all the necessary information related to the request, including the purpose of and reasons for it.

Removed:Article 13 – paragraph 4 – subparagraph 1 – point b a (new): (ba) the request was not duly justified.

Removed:Article 13 – paragraph 4 – subparagraph 2: The requested authority shall provide reasons for any refusal to address a request. Where the requested authority refuses to address a request under the first subparagraph, point (a), it shall, where possible, indicate the authority that is competent for the subject matter of the request or for the measures it was requested to take.

Removed:Article 13 – paragraph 5: 5. The requested authority shall inform the requesting authority without undue delay of the results achieved or of the progress of the measures taken in response to the request.

Removed:Article 13 – paragraph 6: 6. The requested authority shall do its utmost to address and reply to the request without undue delay. Further details on the procedure of the structured cooperation, including the rights and obligations of the parties, the deadlines to be respected and intermediary results, shall be set out in the Board’s rules of procedure. In case of requests for accelerated cooperation or mutual assistance, the requested authority shall address and reply to the request within 14 calendar days.

Removed:Article 13 – paragraph 7: 7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Following receipt of such a referral and within a time period to be specified in the Board’s rules of procedure, the Board shall issue, in consultation with the Commission where the Board deems it relevant, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.

Removed:Article 14 – paragraph 2: 2. The requested national authority or body shall, without undue delay and within, a maximum time period to be specified in the Board’s rules of procedure, inform the requesting national authority or body about the actions taken or planned pursuant to paragraph 1 or justify the reasons for which actions were not taken.

Removed:Article 14 – paragraph 3: 3. In the event of a disagreement between the requesting national authority or body and the requested authority or body regarding actions taken or planned or a refusal to take actions pursuant to paragraph 1, either authority or body may refer the matter to the Board for mediation in view of finding an amicable solution.

Removed:Article 14 – paragraph 4: 4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority or body has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in consultation with the Commission where it deems it relevant, without undue delay.

Removed:Article 14 – paragraph 5: 5. Following receipt of the opinion referred to in paragraph 4, the requested national authority or body shall, without undue delay and within a maximum time period to be specified in the Board’s rules of procedure, inform the Board, the requesting authority or body and, where necessary, the Commission of the actions taken or planned in relation to the opinion.

Removed:Article 15 – paragraph 1: 1. The Board shall foster the exchange of best practices among the national regulatory authorities or bodies, consulting stakeholders, where appropriate, and in cooperation with the Commission on regulatory, technical or practical aspects pertinent to the consistent and effective application of this Regulation and of the national rules implementing Directive 2010/13/EU.

Removed:Article 15 – paragraph 2 – point b: (b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU and Article 6 of this Regulation.

Removed:Article 15 – paragraph 3: 3. The Commission, assisted by the Board, may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU.

Removed:Article 15 – paragraph 4: 4. The Board shall foster cooperation between media service providers, standardisation bodies or any other relevant stakeholders in order to promote the development of harmonised European standards related to digital signals or design of devices, including their remote controls or user interfaces.

Removed:Article 16 – title: Coordination of measures concerning media services which come from outside the Union

Removed:Article 16 – paragraph 1: 1. The Board shall coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers established outside the Union that, irrespective of their means of distribution or the means by which they can be accessed, target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services:

Removed:Article 16 – paragraph 1 – point a (new): (a) contain a public provocation to commit a terrorist offence as set out in Article 5 of Directive (EU) 2017/541;

Removed:Article 16 – paragraph 1 – point b (new): (b) manifestly, seriously and gravely prejudice, or present a serious and grave risk of prejudice to, public security, including the safeguarding of national security and defence.

Removed:Article 16 – paragraph 2: 2. The Board may issue opinions on appropriate national measures under paragraph 1 in accordance with its rules of procedure. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board. Such authorities and bodies shall provide reasons for a refusal to take into account the opinions of the Board.

Removed:Article 16 – paragraph 2 a (new): 2a. Member States shall ensure that, where relevant, national regulatory authorities or bodies which decide to take action against a media service provider established outside the Union, have a legal basis to take into account at least one of the following: / (a) a decision taken against that provider by a national regulatory authority or body from another Member State; / (b) an opinion of the Board relating to that provider and taken on the grounds set out in this Article; / (c) any assessment of how the media service from that provider is received on the territory of the Union.

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

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

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

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

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

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

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

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

Removed:Article 17 – paragraph 1 – point c c (new): (cc) information about the competent national regulatory authority or body or the representative of the co-regulatory or self-regulatory mechanism to which they are subject.

Removed:Article 17 – paragraph 1 a (new): 1a. Providers of very large online platforms shall ensure that the functionality referred to in paragraph 1 allows for information declared thereunder, with the exception of the information set out in paragraph 1, point (cb), to be publicly and easily accessible.

Removed:Article 17 – paragraph 1 b (new): 1b. Providers of very large online platforms shall acknowledge receipt of declarations submitted under paragraph 1. They shall state in the acknowledgement whether or not they accept the declaration. They shall immediately communicate the acknowledgement of receipt to the media service provider concerned, the competent national regulatory authority or body concerned or the representative of the co-regulatory or self-regulatory mechanism concerned. In the acknowledgement of receipt, providers of very large online platforms shall indicate a competent contact person or body through which the media service provider can communicate directly and quickly with the provider of the very large online platform. Where a provider of a very large online platform accepts a declaration submitted by a media service provider under paragraph 1, that media service provider shall be deemed to be a recognised media service provider.