European Union: Adopted Council approach on Regulation on the transparency and targeting of political advertising including content moderation obligations

On 13 December 2022, the Council of the European Union adopted its general approach on the Regulation on the transparency and targeting of political advertising. The Regulation outlines transparency obligations concerning political advertising, including advertising displayed on online platforms, mobile applications, websites, games and other digital interfaces. The content moderation obligations don't apply to online intermediary services provided without remuneration for the preparation, placement, promotion, publication or dissemination of a political message. In particular, the Regulation would require providers of political advertising services to label the content displayed on their platform as political advertising if they signed a contract with the sponsor and received remuneration. Furthermore, the publishers of political advertising would be required to establish a flagging mechanism to enable users to notify them of any advertisement that does not comply with the Regulation. The flagged content will have to be addressed diligently and without undue delay. In the last month preceding an election or referendum, publishers that are "very large online platforms" must process any notification within 48 hours. Finally, the Competent authorities will be able to request information concerning any advertisement in order to verify compliance with the Regulation. The negotiations on the proposed Regulation will start after the Parliament issues its position.