Brussels, 13 December 2022
The Council today agreed its mandate (general approach) for negotiations with the European Parliament on the proposal for a regulation on the transparency and targeting of political advertising.
In a context where political campaigning is increasingly taking place online and across national borders, the proposal aims to promote high standards of transparency in political advertising in the EU, limit the use of targeted advertising for political purposes and facilitate the cross-border provision and oversight of political advertising services. It will help to combat disinformation, information manipulation and interference in elections, and safeguard an open democratic debate in the EU member states.
The proposed rules lay down obligations for various actors in the advertising value chain, both online and offline, including a requirement to clearly label political advertisements and provide citizens with additional information about the sponsors, financing and any links to specific elections or referenda. The use of political targeting and amplification techniques is subject to tight conditions and would be banned entirely in some cases.
The Council’s mandate builds on the Commission proposal, strengthening the proposed rules in some cases, clarifying how they would be implemented and seeking to enhance legal certainty.
In a thriving democracy, citizens should receive objective, transparent and pluralistic information, free from manipulation. They should be able to easily recognise political ads, especially online, and know who is behind them. We also need to limit and strictly monitor the use of targeting techniques. The new regulation will ensure up-to-date rules across the EU to protect our democratic processes.
Mikuláš Bek, Czech Minister for European Affairs
Greater legal certainty
In its mandate, the Council seeks to provide greater legal certainty regarding the scope of the regulation and some of the key definitions, including what is to be considered political advertising and how to identify a political advertisement.
Among other things, the Council makes it clear that the regulation will not affect the content of political advertisements nor the EU or member states’ rules on aspects not covered by the regulation.
Stronger transparency requirements
The Council has also strengthened and clarified the transparency requirements related to political advertising.
If a political advertisement is targeted or amplified, the Council wants this information to be directly available together with the advertisement itself, alongside other key information.
The Council also specifies that the transparency notice with further information should be easily accessible, user friendly and included with each political advertisement until the end of its publication. It should include the identity not just of the sponsor, but also of the entity which ultimately has control over the sponsor, if applicable.
Other changes aim to further ensure the provision of complete, up-to-date and correct information, as well as swift follow-up to notifications of advertisements which do not appear to comply with the regulation.
Stringent rules on targeting and amplification
As proposed by the Commission, the Council wants to ban targeting and amplification techniques using sensitive personal data, including inferred data, such as on racial or ethnic origin, sexual orientation or political opinions. Such techniques are only allowed if a person explicitly consents, or is a member or former member of a specifically defined not-for-profit body processing the sensitive data, or is in regular contact with it.
To further ensure the informed nature of the consent, the Council specifies that it has to be given separately and specifically for the purposes of political advertising, so that it would be clearly distinguished from any other consent.
The Council also considers that the processing of personal data of minors should be banned, linking the minimum age to the voting age established by national rules.
Other changes
On cross-border cooperation, the Council has aligned the new rules with the Digital Services Act to reflect the country-of-origin principle. According to the Council mandate, the competent authority of the main establishment would thus always be responsible for supervision and enforcement in cross-border situations, with the possibility of launching joint investigations.
Among other changes, the Council has also set a ceiling for sanctions for infringements of the regulation, in line with the General Data Protection Regulation.
Next steps
Negotiations on the new regulation are expected to start next year, once the Parliament has voted on its mandate.
Background
The Commission presented its proposal for a regulation on the transparency and targeting of political advertising on 25 November 2021 as part of its ‘democracy and integrity of elections’ package. The package also includes proposals to update the regulation on the statute and funding of European political parties and European political foundations and two directives on the electoral rights of EU citizens who live in a member state of which they are not a national (‘mobile EU citizens’).
Ministers held a first policy debate on all four legislative proposals at the General Affairs Council meeting on 25 January 2022.
Negotiations between the Parliament and the Council on the regulation on the statute and funding of European political parties and European political foundations are already under way, while the co-legislators still have to define their positions on the proposals regarding mobile EU citizens.
Source – EU Council