Regulation (EU) 2024/900 on the transparency and targeting of political advertising

What it is

PURPOSE : to lay down harmonised rules for a high level of transparency of political advertising and related services. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: political advertising is a tool in campaigning to convey political messages to voters. It aims to influence people’s views on political subjects and their voting decisions, and is often specifically regulated nationally, with a specific focus on transparency. The Committee on the Internal Market and Consumer Protection adopted the report by Sandro GOZI (Renew, FR) on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising. The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure amend the proposal as follows: Members propose to clarify that the regulation establishes harmonised rules on obligations concerning the provision of political advertising services, and on transparency and due diligence for sponsors and providers of political advertising services that require them to provide, collect, retain, disclose and publish information connected to the provision in the internal market of such services. Furthermore, the Regulation should protect fundamental rights and freedoms as enshrined in Union and national law, including the Charter of Fundamental Rights, and should not affect the content of political advertising or national provisions governing election periods and political campaigns. Moreover, political opinions expressed under the editorial responsibility of a service provider should not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication, delivery or dissemination by third parties. The report also recommends clarifying several definitions , including 'political advertising', 'political actor' and ‘political advertising publisher', 'targeting and amplification techniques', and proposes a new definition of 'political advertising service providers' in order to promote a better understanding of the system. Providers of political advertising services should 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. By way of exception, political advertising services should 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 . Members believe that it is essential to clearly establish the criteria for determining whether an advertisement is political in nature or not. Such criteria should include the content and purpose of the message, its sponsor, the spoken or written language used to convey the message, as well as the context in which the message is…

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