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

Removed:Article 17 – paragraph 1 c (new): 1c. On a request from a provider of a very large online platform which has not accepted a declaration submitted under paragraph 1, point (c), due to having a reasonable doubt as to the nature of that declaration, the relevant national regulatory authority or body or the representative of the relevant co-regulatory or self-regulatory mechanism shall confirm the nature of or invalidate that declaration. Where the relevant national regulatory authority or body or the representative of the relevant co-regulatory or self-regulatory mechanism confirms the nature of that declaration, the media service provider shall be deemed to be a recognised media service provider.

Removed:Article 17 – paragraph 1 d (new): 1d. On a request from a media service provider that considers that the provider of a very large online platform has unjustly invalidated its declaration submitted under paragraph 1, the relevant national authority or body or the representative of the relevant co-regulatory or self-regulatory mechanism concerned shall clarify the matter. Where the provider of a very large online platform decides not to accept the clarification provided by the relevant national authority or body or the representative of the relevant co-regulatory or self-regulatory mechanism, the media service provider may appeal against that decision to the competent national regulatory authority or body. The competent national regulatory authority or body shall rule on the matter without delay. The Board shall issue a recommendation. Where the competent national regulatory authority or body confirms the declaration, the media service provider shall be deemed to be a recognised media service provider.

Removed:Article 17 – paragraph 1 e (new): 1e. Where a provider of a very large online platform has frequently suspended or restricted, pursuant to paragraph 2, the provision of its online intermediation services in relation to a media service provided by a media service provider on the basis of a breach of its terms and conditions, that provider of the very large online platform may invalidate the declaration submitted by the media service provider under paragraph 1. The provider of the very large online platform shall inform the supervising or regulatory entity and the Board that it has invalidated the declaration.

Removed:Article 17 – paragraph 2: 2. Where a provider of a very large online platform decides to suspend or restrict the provision of its online intermediation services in relation to a media service provided by a recognised media service provider because that media service is incompatible with its terms and conditions, it shall, without prejudice to the mitigating measures in relation to a systemic risk referred to in Article 34 of Regulation (EU) 2022/2065, communicate to that recognised media service provider the reasons accompanying that decision, specifying the specific clause in the terms and conditions with which the media service was incompatible, as required by Article 4(1) of Regulation (EU) 2019/1150 and Article 17(3) of Regulation (EU) 2022/2065. / The provider of the very large online platform shall give the recognised media service provider the opportunity to respond to the reasons accompanying its decision within 24 hours prior to the suspension or restriction taking effect.

Removed:Article 17 – paragraph 2 a (new): 2a. Where, following the 24-hour period referred to in paragraph 2, the second subparagraph, and after due consideration of the response of the recognised media service provider, the provider of the very large online platform considers the media service concerned to be incompatible with its terms and conditions, it may refer the case to the relevant competent national regulatory authority or body or the body of the relevant self-regulatory or co-regulatory mechanism. The relevant competent national regulatory authority or body or the representative of the relevant self-regulatory or co-regulatory mechanism shall decide, without delay, whether the intended suspension or restriction is justified in view of the specific clause in the terms and conditions of the provider of the very large online platform, taking into account fundamental freedoms.

Removed:Article 17 – paragraph 3: 3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 or Article 20 of Regulation (EU) 2022/2065 by recognised media service providers are processed and decided upon with priority and, in any event, no later than 24 hours after submission of the complaint. The media service provider may be represented by a body in complaints procedures.

Removed:Article 17 – paragraph 4: 4. Where a recognised media service provider considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content or services provided by the media service provider without sufficient grounds and in a manner that undermines media freedom and media pluralism, the provider of the very large online platform shall, at the request of the media service provider, engage in a meaningful and effective consultation with the media service provider, in good faith with a view to finding an amicable solution within a reasonable timeframe that avoids unjustified restrictions or suspensions in the future. The media service provider may notify the outcome of such consultations to the Board and to the national digital services coordinator referred to in Regulation (EU) 2022/2065. Where no amicable solution can be found, the media service provider may lodge a complaint before a certified out-of-court dispute settlement body in accordance with Article 21 of Regulation (EU) 2022/2065.

Removed:Article 17 – paragraph 5 – point a: (a) the number of instances in which they initiated the process to suspend or restrict the provision of their online intermediation service pursuant to paragraph 2;

Removed:Article 17 – paragraph 5 – point b: (b) the grounds for imposing such suspensions or restrictions, including the specific clause in their terms and conditions with which the media service provider was incompatible;

Removed:Article 17 – paragraph 5 – point b a (new): (ba) the number of instances in which they refused to accept declarations submitted by a media service provider under paragraph 1 and the grounds for refusing to accept them.

Removed:Article 17 – paragraph 6: 6. With a view to facilitating the consistent and effective implementation of this Article, the Commission, in consultation with the Board, shall issue guidelines to establish the form and details of the declaration set out in paragraph 1.

Removed:Article 17 – paragraph 6 a (new): 6a. This Article shall be without prejudice to the right of media service providers to effective judicial protection.

Removed:Article 18 – paragraph 1: 1. The Board, with the involvement of the Expert Group, shall regularly organise a structured dialogue between providers of very large online platforms, providers of very large online search engines, representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of Article 17 of this Regulation in order to:

Removed:Article 18 – paragraph 1 – point a (new): (a) foster access to diverse offers of independent media on very large online platforms and very large online search engines;

Removed:Article 18 – paragraph 1 – point b (new): (b) monitor compliance with self-regulatory initiatives aimed at protecting society from harmful content, including disinformation and foreign information manipulation and interference;

Removed:Article 18 – paragraph 1 – point c (new): (c) examine the potential and actual impact of the design and functioning of very large online platforms or very large online search engines, of the design and functioning of their respective recommendation systems and content moderation processes and of decisions by providers of very large online platforms and providers of very large online search engines on media freedom and media pluralism.

Removed:Article 18 – paragraph 2: 2. The Board shall present the report on the results of the dialogue to the Commission, to the European Parliament and to the Council. Such results shall be made publicly available.

Removed:Article 19 – title: Right of customisation of the audio and audiovisual media offer

Removed:Article 19 – paragraph 1: 1. Users shall have a right to easily change the configuration of audiovisual media services or of applications allowing users to access such services on a user interface or on devices, including remote controls, controlling or managing access to and use of audio or audiovisual media services in order to customise the audio or audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Articles 7a and 7b of Directive 2010/13/EU.

Removed:Article 19 – paragraph 2: 2. Any person who places on the market devices, including remote controls, or user interfaces referred to in paragraph 1, shall ensure that they include a functionality enabling users to freely and easily change, at any time, the settings and default layout, including the configuration of audiovisual media services or of applications allowing users to access such services, controlling or managing access to and use of the audiovisual media services offered. The provisions of Article 25 of Regulation (EU) 2022/2065 shall apply accordingly.

Removed:Article 19 – paragraph 2 a (new): 2a. Any person operating devices as referred to in paragraph 2 or user interfaces shall ensure that the identity of the media service provider who has editorial responsibility for a media service is consistently and clearly visible and identifiable, provided that this information has been provided by the relevant media service provider.

Removed:Article 20 – paragraph 1: 1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect media pluralism and the editorial independence of media service providers regarding either the provision or the operation of their media services in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non-discriminatory.

Removed:Article 20 – paragraph 2: 2. Any national procedure used for the purposes of the preparation or the adoption of a regulatory or administrative measure as referred to in paragraph 1 shall be subject to clear timeframes set out in advance. Such timeframes shall be of sufficient length to ensure that such measures and their consequences can be properly considered and that media service providers directly affected can provide feedback on them.

Removed:Article 20 – paragraph 3: 3. Without prejudice and in addition to its right to effective judicial protection, any media service provider subject to an administrative or regulatory measure referred to in paragraph 1 that concerns it individually and directly shall have the right to appeal against that measure to an appellate body, which may be a court of law. That body 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 and funding to enable it to carry out its functions effectively and to respond to any appeals timely. Such appellate bodies may take opinions issued by the Board on the matter into consideration.

Removed:Article 20 – paragraph 4: 4. The Board, on its own initiative or upon request of the Commission or the European Parliament, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services or to impact media pluralism or editorial independence. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission shall issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.

Removed:Article 20 – paragraph 5: 5. Where a national authority or body adopts a measure that affects directly a media service provider and is likely to affect media pluralism and editorial independence or the functioning of the internal market for media services, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities or bodies concerned. On a request from a media service provider affected directly by a measure taken by a Member State, the Board shall issue an opinion on the measure concerned.

Removed:Article 21 – paragraph 1 – subparagraph 1 – introductory part: Member States shall provide, in national law, substantive and procedural rules which ensure an assessment of media market concentrations that could have an impact on media pluralism and editorial independence. These rules shall:

Removed:Article 21 – paragraph 1 – subparagraph 1 – point b: (b) require the parties to a media market concentration that could have an impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;

Removed:Article 21 – paragraph 1 – subparagraph 1 – point c: (c) designate the national regulatory authorities or bodies as responsible for the assessment of the impact of a notifiable media market concentration on media pluralism and editorial independence or ensure their substantial involvement in such assessment or require them to consult other national regulatory authorities or bodies of the Member State that could contribute to the assessment of a media market concentration;

Removed:Article 21 – paragraph 1 – subparagraph 1 – point d: (d) set out in advance objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence;

Removed:Article 21 – paragraph 1 – subparagraph 1 – point d a (new): (da) specify in advance a reasonable period of time by which the national regulatory authority or body conducting the assessment is to complete the assessment, taking into account the period of time required for the involvement of the Board, the Commission, or both, in accordance with paragraphs 4 and 5;

Removed:Article 21 – paragraph 1 – subparagraph 1 – point d b (new): (db) specify the consequences of not completing the assessment by the end of the period referred to in point (da).

Removed:Article 21 – paragraph 2 – introductory part: 2. In the assessment referred to in paragraph 1, the following elements shall, in particular, be taken into account:

Removed:Article 21 – paragraph 2 – point a: (a) the impact of the concentration on media pluralism at Union, national and regional level, including its geographical reach and its effects on the formation of public opinion and on the diversity of media players and content on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non-media businesses;

Removed:Article 21 – paragraph 2 – point b: (b) safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing ethical and professional standards and the independence of editorial decisions;

Removed:Article 21 – paragraph 2 – point c a (new): (ca) the results of the risk assessment carried out as part of the Commission’s annual rule of law report and the Media Pluralism Monitor to identify, analyse and assess risks to media freedom and media pluralism in the Member States.

Removed:Article 21 – paragraph 3: 3. The Commission, in consultation with the Board, shall issue guidelines to be taken into account by national regulatory authorities or bodies in assessing the impact of media market concentrations on media pluralism and editorial independence.

Removed:Article 21 – paragraph 4: 4. The national regulatory authority or body shall inform the Board before conducting the assessment referred to in the first subparagraph of paragraph 1 and shall consult the Board before issuing any opinion or taking any decision it aims to adopt concerning the impact on media pluralism and editorial independence of a notifiable market concentration or where such concentrations may affect the functioning of the internal market.

Removed:Article 21 – paragraph 5: 5. Within 14 calendar days from the receipt of the consultation referred to in paragraph 4, the Board shall draw up an opinion on the draft national opinion or decision referred to it, taking account of the elements referred to in paragraph 2 and transmit that opinion to the consulting authority or body and the Commission.

Removed:Article 21 – paragraph 6: 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 authority does not follow the opinion, fully or partially, it shall provide the Board and the Commission with a reasoned justification explaining its position within 30 calendar days from the receipt of that opinion. Without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. The competent national regulatory authority or body shall, within four weeks of receipt of such an opinion, provide the Commission with the reasons for which it did not fully or partially follow it.

Removed:Article 21 – paragraph 6 a (new): 6a. National regulatory authorities or bodies may request entities involved in a media market concentration to make commitments regarding the safeguarding of media pluralism and editorial independence based on the elements set out in paragraph 2.

Removed:Article 22 – paragraph 1: 1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, on its own initiative or upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where, according to its own preliminary assessment or the Commission’s preliminary assessment, 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 set out in Article 21(2). The Board shall may bring such media market concentrations to the attention of the Commission.

Removed:Article 22 – paragraph 2: 2. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission shall issue its own opinion on the matter. The competent national regulatory authority or body shall, within four weeks of receipt of such an opinion, provide the Commission with the reasons for which it did not fully or partially follow it.

Removed:Article 22 – paragraph 3: 3. Opinions by the Board and by the Commission shall be made publicly available.

Removed:Article 22 a (new): Article 22a / Delegated acts / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in this Regulation shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = 6 months after the date of entry into force of this Regulation]. / 3. The power to adopt delegated acts referred to in this Regulation may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. / 6. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, …

Removed:Article 23 – paragraph 1: 1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non-discrimination, comparability and verifiability. Audience measurement shall be conducted in accordance with self-regulatory mechanisms jointly agreed and widely accepted within the media industry.

Removed:Article 23 – paragraph 2: 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 costs, to media service providers, and advertisers as well as 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 provide free of charge to each media service provider the audience measurements relating to its content and services. An independent body shall audit once a year the methodology used by proprietary audience measurement systems and the application of that methodology. This provision shall not affect the Union’s data protection and privacy rules.

Removed:Article 23 – paragraph 2 a (new): 2a. Audience measurement data provided to media service providers shall be as granular as the information provided by industry self-regulatory mechanisms, including non-aggregated data.

Removed:Article 23 – paragraph 3: 3. Providers of audience measurement systems, together with media service providers, their representative organisations, online platforms and any other interested parties, shall draw up codes of conduct, with the support of national regulatory authorities or bodies, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. Such codes of conduct shall provide for the regular, transparent and independent monitoring and evaluation of the achievement of compliance with the principles referred to in paragraph 1. When drawing up codes of conduct, special consideration shall be given to small media in order to ensure that their audiences are properly measured.

Removed:Article 23 – paragraph 4: 4. The Commission, assisted by the Board, shall issue guidelines on the practical application of paragraphs 1, 2 and 3, taking into account codes of conduct as referred to in paragraph 3.

Removed:Article 23 – paragraph 5: 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, media service providers and other interested parties.

Removed:Article 23 – paragraph 5 a (new): 5a. The obligations set out in this Article are without prejudice to the right of audiences to the protection of personal data concerning them as provided for in Article 8 of the Charter of Fundamental Rights of the European Union and Regulation (EU) 2016/679.

Removed:Article 24 – title: Allocation of public funds for state advertising and purchases

Removed:Article 24 – paragraph 1: 1. Public funds or any other consideration or advantage allocated by public authorities to media service providers, providers of online platforms and providers of online search engines for the purposes of advertising and purchases shall be awarded according to transparent, objective, proportionate and non-discriminatory criteria and through open, proportionate and non-discriminatory procedures. Such public funding allocated for the purposes of advertising to a singular media service provider, including to an online platform provider or to an online search engine provider, shall not exceed 15 % of the total budget allocated by the public authority to the totality of media service providers operating at national level. This Article shall not affect public procurement rules or the application of State aid rules.

Removed:Article 24 – paragraph 1 a (new): 1a. Public authorities shall ensure that the criteria and procedures used to determine the allocation of public funds for the purposes of State advertising and purchases to media service providers, online platforms and online search engines in accordance with paragraph 1 are made available to the public in advance by electronic and user-friendly means. The national regulatory authorities or bodies shall consult the Board and national media stakeholders on the development of the methodology for such criteria and procedures.

Removed:Article 24 – paragraph 2 – introductory part: 2. Public authorities, including at Union, national, federal, regional, or local level, national regulatory authorities or bodies, as well as state-owned enterprises or other state-controlled entities at the Union national, regional, or local level, shall make publicly available by electronic and user-friendly means accurate, comprehensive, intelligible, detailed and yearly information about their advertising and purchase expenditures allocated to media service providers, providers of online platforms and providers of online search engines, which shall include at least the following details:

Removed:Article 24 – paragraph 2 – point a: (a) the legal names of media service providers, providers of online platforms or providers of online search engines from which advertising services and purchases were obtained;

Removed:Article 24 – paragraph 2 – point a a (new): (aa) a short reasoning of the criteria and procedures applied for the allocation of public funds for the purposes of State advertising and purchases to media service providers, providers of online platforms or providers of online search engines;

Removed:Article 24 – paragraph 2 – point b: (b) the total annual amount spent as well as the amounts spent per media service provider, provider of online platform or provider of online search engine;

Removed:Article 24 – paragraph 2 – point b a (new): (ba) state advertising and state financial support allocated to media service providers, providers of online platforms or providers of online search engines;