Proposal for a Regulation on the transparency and targeting of political advertising

Author (Corporate)
Series Details COM (2021) 731
Publication Date 25/11/2021
Content Type , ,

Summary:

Legislative initiative - adopted by the European Commission on 25 November 2021 - focusing on the transparency and targeting of political advertising. This is a text with EEA relevance.

Further information:

Political advertising services in the European Union (EU) have developed over the years. The overall growth and particularly the increase in relevant online services, in a context of unevenly enforced and fragmented regulation, prompted concerns that the internal market was not equipped to provide political advertising to a high standard of transparency to ensure a fair and open democratic process in all Member States. Such concerns at regulatory gaps and insufficient transparency prompted some Member States to intervene with measures, but action at national level is insufficient to close gaps in cross-border enforcement.

The proposed Regulation lays down harmonised rules to ensure a high level of transparency of political advertising and related services across the European Union (EU). It seeks to contribute to the proper functioning of the internal market in this sector, and to protect natural persons with regard to the processing of personal data by laying down rules on the use of targeting and amplification techniques in the context of political advertising.

The need to deal with these issues was announced the Political Guidelines of the President of the European Commission and in the European Commission's European Democracy Action Plan (EDAP). The draft law was tabled by the European Commission on 25 November 2021 as part of a legislative package aimed at protection election integrity and promoting democratic participation. The Council of the European Union adopted its general approach on 13 December 2022.

Source Link https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:731:FIN
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Commentary and Analysis
Politico, 23/11/2021: 5 things you need to know about Europe’s political ad rules https://www.politico.eu/article/political-ads-europe-facebook-google/
Google: Google in Europe Blog, 25/11/2021: New EU political ads law is a step in the right direction https://blog.google/around-the-globe/google-europe/new-eu-political-ads-law-step-right-direction/
European Democracy Consulting, 11/02/2022: Assessing the European Commission’s proposal for the reform of European political parties https://eudemocracy.eu/assessing-commission-reform-eu-parties
European Law Blog, 23/02/2022: The Proposed EU Regulation on Political Advertising Has Good Intentions, But Too Wide a Scope https://europeanlawblog.eu/2022/02/23/the-proposed-eu-regulation-on-political-advertising-has-good-intentions-but-too-wide-a-scope/
European Digital Rights (EDRi): Resources, 23/03/2022: Not everything is allowed in politics: Upcoming political advertising legislation must introduce limits https://edri.org/our-work/not-everything-is-allowed-in-politics-upcoming-political-advertising-legislation-must-introduce-limits/
European Broadcasting Union (EBU): News, 10/05/2022: Political advertising: EBU reacts to the European Commission's proposal https://www.ebu.ch/news/2022/05/political-advertising-ebu-reacts-to-the-european-commissions-proposal
European Publishers Council (EPC), 29/06/2022: EPC position of the on the Regulation on transparency of political advertising https://www.epceurope.eu/post/epc-position-of-the-on-the-regulation-on-transparency-of-political-advertising
European Center for Not-for-Profit Law (ECNL): News, 02/08/2022: Proposed EU regulation, controversial national bills and ECNL's recommendations on online targeted political ads. https://ecnl.org/news/regulating-online-political-advertising-europe-how-will-it-affect-civic-space
Disruptive Competition Project (DisCo), 26/10/2022: Political Advertising in the EU: Bridging the Gap Between Politicians and Citizens https://www.project-disco.org/european-union/102622-political-advertising-in-the-eu-bridging-the-gap-between-politicians-and-citizens/

News
Reuters, 24/11/2021: EU rules aim for more transparency in targeted political ads https://www.reuters.com/world/europe/eu-rules-aim-more-transparency-targeted-political-ads-2021-11-24/
EurActiv, 25/11/2021: EU Commission presents new rules for political ads https://www.euractiv.com/section/digital/news/eu-commission-presents-new-rules-for-political-ads/
Euronews, 25/11/2021: Brussels bids to make online political adverts more transparent https://www.euronews.com/my-europe/2021/11/25/brussels-bids-to-make-online-political-adverts-more-transparent
Times of Malta, 25/11/2021: EU plans transparency in online political ads https://timesofmalta.com/articles/view/eu-plans-transparency-in-online-political-ads.917224
The Brussels Times, 05/09/2022: Better late than never: European Parliament mulls over how to combat political ads https://www.brusselstimes.com/262300/better-late-than-never-european-parliament-mulls-over-how-to-combat-political-ads
Euronews, 02/12/2022: EU seeks to curb use of personal data for online political advertising https://www.euronews.com/my-europe/2022/12/02/eu-seeks-to-curb-use-of-personal-data-for-online-political-advertising

Official
EUR-LEX: SWD(2021)355: Staff Working Document accompanying the Proposal - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:355:FIN
EUR-LEX: SWD(2021)356: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:356:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Transparency and targeting of political advertising (2021/0381(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/0381(COD)
European Parliament: Legislative Train Schedule: Proposal for a Regulation on the transparency and targeting of political advertising https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-greater-transparency-in-paid-political-advertising
European Commission: Have Your Say: Political advertising – improving transparency https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12826-Political-advertising-improving-transparency_en
European Commission: Press Release, 25/11/2021: European Democracy: Commission sets out new laws on political advertising, electoral rights and party funding https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6118
European Commission: Questions & Answers: Reinforcing democracy and integrity of elections (25 November 2021) https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_6212
European Commission: Speech by Vice-President Jourová on proposals to reinforce democracy and the integrity of elections (25 November 2021) https://ec.europa.eu/commission/presscorner/detail/en/speech_21_6309
EU EDPS: Press Release, 20/01/2022: Online targeting for political advertising: stricter rules are necessary https://edps.europa.eu/press-publications/press-news/press-releases/2022/online-targeting-political-advertising-stricter_en
European Regulators Group for Audiovisual Media Services (ERGA): ERGA Position Paper on the Regulation on the transparency and targeting of political advertising (1 September 2022) https://erga-online.eu/wp-content/uploads/2022/09/2022-08-31-ERGA-Position-Paper-on-the-proposed-Regulation-on-political-advertising-2022-as-adopted.pdf
Council of the European Union: Press Release, 13/12/2022: Transparency and targeting of political advertising: Council agrees its negotiating mandate https://www.consilium.europa.eu/en/press/press-releases/2022/12/13/transparency-and-targeting-of-political-advertising-council-agrees-its-negotiating-mandate/

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