The Czech Presidency of the Council of the European Union submitted the latest version of its compromise proposal on targeting and transparency of political advertising to the Member States on Wednesday 19 October (see EUROPE 13051/30).
In particular, the text takes stock of the limits of the scope of the Regulation. As such, the document states that general public relations carried out “by, for or on behalf of any public authority of a Member State and practical information from official sources of Member States or the Union regarding exclusively the organisation and modalities for participation in the elections or referendums” should not constitute political advertising.
Candidatures or the subject matter of a referendum question would also be excluded from the scope and the text should thus not apply when it comes to specific spaces provided by law for the presentation of candidates running in an election or those reserved for posters in municipalities.
The Czech Presidency stresses that the future Regulation should not have the effect of obliging Member States to take measures which are contrary to fundamental principles relating to freedom of expression, including freedom of the press and freedom of expression in the media.
The Regulation, the Czech Presidency adds, should also not change the rules governing the conduct and financing of political campaigns, including during so-called quiet periods.
In addition, the text also circles back to the responsibility of political advertising service providers. If they become aware of a manifest error, inaccuracy or incompleteness in the information presented, they should ensure that a correction is made. However, this would not amount to an obligation to check for veracity and service providers should not be required to engage in “excessive or costly fact-finding exercises or complex contact with the sponsor”.
In addition to the connections with the Digital Services Act (DSA) (see EUROPE 12986/3) and the fact that information should be readily available and visible on every political advertisement, the Czech Presidency also refers to the issue of the target audience, especially the very young.
On this point, the paper proposes that political advertising should be banned when it is aimed at people under the age of 15 who, if they cannot yet vote, are considered a “particularly vulnerable” group.
See the document: https://aeur.eu/f/3tp (Original version in French by Thomas Mangin)