Today, on 24 November 2021, MEPs discussed fundamental freedoms and the rule of law in Slovenia, in particular the complications around the appointment of European Delegated Prosecutors.  

If you criticise, attacks will follow. Either there is subordination or destruction. Either you support this government or you must leave. Either you belong to them or — basically —be careful.” These are the words MEP Irena Joveva used to open her debate on Slovenia. She underscored that deviations from democratic norms reach beyond national boundaries and become a problem for the Union, as was illustrated by the examples of Poland and Hungary.

In October, a delegation from the Committee on Civil Liberties, Justice and Home Affairs of the European Parliament examined the state of the rule of law and democracy in Slovenia, and in particular expressed concern about the non-appointment of European Delegated Prosecutors and the non-payment of services provided by the Slovenian Press Agency (STA). “The current Slovenian Government has recently yielded to pressure, mainly from the EU. They released STA funding, after almost a year of manipulation. They took note of the names for the European Delegated Prosecutors, after more than a year of legal farce.’ But the MEP warned that the financial difficulties of the STA were not resolved, as the contract for next year has not yet been concluded. And in the case of prosecutors, she believed that the decision on temporary nomination made a mockery of independent institutions.

Joveva notes that the Government’s relenting is only feigned and that pressure has been mounting elsewhere. “There are attempts to subordinate, silence or smear the prosecutors, the judiciary, the police, the media, NGOs, the independent, and regulatory agencies. In this, they use all means available.” In the communication of the ruling structures there lurks the desire to destroy institutions, conspiracy theories about communists are used as a cover for corruption and clientelism. “This is not about defending traditional values. It is about negating them,” said the MEP. She concluded her address by asking:

“Our institutions have managed to withstand so far on account of a rich democratic tradition and the integrity of individuals. But for how much longer? Where are strong, specific responses? When will you learn that the situation in one Member State affects the whole of the EU?”

The Renew Europe group also expressed growing concern about the political situation in Slovenia. After half a year of delay, the Slovenian Government has now nominated two national prosecutors to the European Public Prosecutor’s Office (EPPO), operational since 1 June 2021. Nevertheless, the group remains deeply concerned about the Government’s political interference in the process of appointing the prosecutors. Prime Minister Janez Janša dissolved the previous appointment. The group wrote that it could not tolerate a Member State intervening and undermining the function of an EU judicial body. For that reason, the group’s Members request answers from the Slovenian authorities.

Unfortunately, this is not the only example of worrying backsliding on the rule of law, as was also pointed out by Joveva:

“The Government’s aggressive attempts to seize control over independent media and the Prime Minister’s attacks on journalists and political opponents on social media shows that press freedom and fundamental rights are also at risk. The European Commission must act to immediately stop the attempts of Janez Janša’s Government to politicise key democratic institutions and challenge press freedom.”

On Thursday, 18 November 2021, MEP Irena Joveva was invited to be a speaker at an online panel on human rights and media freedom organised by the European Liberal Forum and the Institute Novum. Respect for human rights is inseparable from democracy, which itself is based on the free expression of different views. The media play a crucial role in this by ensuring the flow of diverse and accurate information that reaches a wide spectrum of society. In recent years, both democracy and freedom of expression have been declining and the media are increasingly facing pressure on their independent work. At the same time, the widespread use of social media facilitates the proliferation of fake news, misinformation and manipulation, which, unfortunately, has been exacerbated by the COVID-19 pandemic. The debate focused on the initiatives launched and discussed at the EU and international level to provide a clear and decisive response by the democratic community and on the examination of proposals for actions to be undertaken.

Irena Joveva first responded to concerns about the state of media freedom in Slovenia and in the EU. She strongly condemned political and other pressure on journalists and media aiming to suppress independent reporting. “The increasing pressure exerted on journalists today can ultimately lead to extreme cases such as the murders of investigative journalists in Malta, Slovakia, Greece and elsewhere,” she stressed. The MEP believes that only independent and objective information can provide the right solutions to the challenges that arise. In her opinion, the press and journalism in general are also threatened by wider factors such as lower readership of classical print media and the shift to digital platforms. Local media compete with the largest media outlets on the global market, and users expect information free of charge, while stable digital media funding models have yet to be developed. In this area, Joveva highlighted a solution: “To a certain extent, at least, the area is governed by the Copyright Directive, which gives publishers some negotiating rights, but to date only big countries have made progress. A lot of legislation is already in place or being drafted, but it attempts to address different issues to create a comprehensive and horizontal legislative framework with a feasible solution.”

In addition to these wider factors, the illiberal populists attempting to destroy media freedom and the commercial interests of owners who put pressure on editorial independence also lead to a decline in media freedom.

“In Slovenia, this trend is already visible. The Janša Government is exerting as much pressure as possible on our public media, it has suspended funding to the national press agency, it is appointing obliging editors and a director to the public service broadcaster, directing advertising revenues to its party’s propaganda media, while at the same time denigrating and discrediting independent critical journalists at every opportunity,”

she added and also expressed her concern about the situation in Hungary and Poland, where the public service media have largely been forced into subordination. Joveva counts on the adoption of a legal framework at the EU level with sufficient safeguards that will provide journalists and editors with the necessary conditions and power so that they can defend themselves freely and carry out their work without interference from politics or their media owners.

“The atmosphere in Slovenia is increasingly radical, which is poisoning people-to-people relations. I feel the hardship of people in difficult times, especially during the COVID-19 pandemic. Responsible decision-makers working in the civil domain should address problems and act as quickly, clearly and decisively as possible,” she stressed in her answer to a question about xenophobic attacks, harassment and intimidation, which are oftentimes also directed at her. Such situations and the fictitious creation of confrontation can be abused by individuals or the media for mounting attacks of a personal nature that feed their electoral base and strengthen their visibility. When substantive arguments are exhausted, people resort to a personal level, which speaks volumes about them.

Responding to a question about the decline in press and media freedom in some EU Member States, Joveva said that both the Parliament and the Commission were well aware of that. Next to the Copyright Directive, she underscored the importance of the Audiovisual Media Services Directive, which affords greater editorial independence, but both directives will need to be fully transposed by the Member States. “The Parliament is currently working on the so-called anti-SLAPP Directive to establish legal safeguards and ensure protection of journalists from strategic lawsuits when legislation is misused to silence journalists and other public oversight bodies,” she added. In this regard, it is important to provide judges with a mechanism to swiftly resolve such legal cases. “Another important piece of legislation to be presented next year will be the European Media Freedom Act, which will be the most comprehensive media legislation aimed at protecting independence in both private and public media. Specific solutions have not yet been articulated, but the act is expected to create full transparency of media advertising — in particular in state-owned enterprises, as well as transparency of ownership,” Joveva explained about the law, to which she, too, wishes to contribute. “It’s time to treat the media sector as it deserves, as it has a huge, if not the biggest impact on democracy itself,” she concluded.

On Friday, 12 November 2021, MEP Irena Joveva participated in the Young Changemakers Academy 2021 event organised by the European Liberal Forum (ELF) and the European Liberal Youth (LYMEC). She opened a roundtable discussion where young people exchanged views with Renew Europe MEPs and spoke about the European Union’s current challenges and the Conference on the Future of Europe.

In her opening address, MEP Joveva explained why she decided to become involved in politics as a young person. She pointed out that many things in politics perturbed her. In particular, the fact that the voices of young people were not heard or that politicians were talking about young people, but not with them. “In this term of office there are many more younger MEPs than ever before and together we are trying to drive change and bring new, fresh ideas to the political world. To show that we are not all the same in politics.

Joveva highlighted an important topic that she, as a member of the Committee on Culture and Education (CULT), is following with particular interest – social media regulation and media protection in general. As a former journalist, she is very concerned about the media situation in Europe. “We are facing increasingly aggressive attempts by governments to silence free media in Poland, Hungary and unfortunately also in my home country, Slovenia, which is already under scrutiny by the European institutions because of the political pressure on the media and journalists,” she said, noting that discussions on both sides seem to be endless. “Some people endlessly try to protect media freedom, while others attack it endlessly. I honestly think the pressure on the press today is unprecedented.” The good news is that new European legislation, the European Media Freedom Act, is being drafted. The new legislation will address a number of aspects of media freedom – from the challenges of digitisation and changes in access to information to the separation of public and private media and media market regulation. As such, the European Media Freedom Act is crucial to our democracies, according to Joveva.

The MEP concluded her address by calling on young people to become actively involved in the discussions on the future of Europe, both with members of national parliaments and MEPs, as young people have a wealth of good ideas, opinions and proposals.

The Young Changemakers Academy is a programme aimed at preparing young people to participate actively in their respective communities by shaping their future in given policy areas through advocacy projects by means of three seminars and networking support with other like-minded young people and senior political figures from around the world.

On Friday, November 5, 2021, MEP Irena Joveva virtually attended the ceremony of the prestigious prize European Parliament’s European Citizen’s 2021. The prize was awarded to the President of the Slovenian Association of Lymphoma and Leukemia Patients Kristina Modic and the Head of the Clinical Department of Hematology at the University Medical Center Ljubljana Prof. dr. Samo Zver for the project For Solidarity and Pan-European Health Progress of Cancer Patients. The prize winners organized a successful fundraising campaign for the purchase of equipment for advanced cancer treatment, promoting solidarity and highlighting the importance of access to public health services. At the same time, the project contributes to the implementation of the EU’s cancer plan.

In her speech, MEP Irena Joveva pointed out that thanks to media coverage of the fundraising campaign, all of us had an understanding of CAR-T cell therapy, and people joined forces as they have many times before. “You organized a very successful fundraising campaign to buy equipment, in the end, advanced cancer treatment equipment. You actually exceeded your original goal as you ended up with two devices.” The MEP thanked them for their dedication to patients. “We lack such people in today’s world. Because of that: Thank you for being you. Thank you for having such a big heart. I bow to you.”

She also addressed the current situation as the pandemic has really exposed existing gaps in our health systems. “During this time, as many as 100 million fewer screenings were done than normal, which leads to delays in the diagnosis and treatment of cancer.” She also stated that cancer is on the rise in our country, and unfortunately occurs at all ages. The MEP is convinced that early recognition of symptoms, and consequently timely diagnosis and treatment are crucial, as these moments often not only save a patient’s life, but also help maintain its quality: “Every minute matters when it comes to cancer.” 

In her closing remarks, Joveva emphasized the shortcomings of our health care system in this area and said that such fundraising campaigns are necessary. “I can only imagine you have helped or will help who have been waiting for these devices. This is why I believe prevention, research should be strengthened, not only at home in Slovenia but also at the European level. The focus must be put on individual medicine and cooperation among policy makers, experts and researchers must be enhanced. There is no question that determining access to treatment based on your birthplace or social status is unacceptable.”

On Tuesday, October 26, 2021, the Committee on Culture and Education held a discussion on the state of media freedom with European Commissioner Vera Jourova on the state of media freedom. In her introductory speech, the Commissioner placed Slovenia alongside Poland and Hungary and expressed concern about “numerous attempts to undermine the sustainability and independence of the Slovenian Press Agency (STA) and public media service”. MEP Irena Joveva shares this concern and highlighted growing political pressure on the media in Slovenia. She named several proposals for legislative solutions that could help protect journalists and increase media freedom.

It was emphasized by the MEP at the beginning that the current pressure on the media was unprecedented. She cited the need for an Anti-SLAPP directive as well as discussion on so-called exceptions to the rules for editorial media that should not, in her view, apply equally to all media. Thus, Joveva proposed the use of delegated acts to waive the rules for those media with de facto editorial independence, which would also provide a view into the media itself.

Regarding the act or law on media freedom that is being prepared, she proposed harmonizing the rules and legislation of the Member States and establishing a common framework for public media at EU level that would also provide controls and binding safeguards to endure media freedom. She believes that the solution is to create new EU bodies or committees, made up of regulatory agencies for media supervision or representatives of the press. This would provide protection for the media when things go wrong, as it currently does in Slovenia with the STA (Slovenian Press Agency). Also, she stressed the issue of advertising transparency, especially in advertising transactions when state-owned companies or state funds are involved. She also called for the protection of private media from suspicious takeovers, such as TVN in Poland. She sees the solution in enhanced democratic control over all takeovers, which could also prevent the concentration of media ownership.

Commissioner Jourova also agrees, noting that ownership concentration is a broader media problem in the European Union (she cited the current French situation), especially now during the pandemic, when smaller media are financially weak. According to the commissioner, ownership has a significant influence on the way journalists write and report.

The MEP considers it most important to introduce rules to protect journalists from their owners, boards of directors from political parties and the public media from political interference. She is convinced that conditions must be created to protect journalists, as only then can they exercise the right to free speech. It is paramount that the European Union gains true strength in terms of media protection, otherwise it can only silently observe events like Slovenia, where democracy is on the biggest test, the MEP concluded.In her response, Commissioner Jourova expressed particular concern about state-funded media, citing the example of the KESMA Foundation in Hungary. Such pro-government media report only certain information and, as a result, have a key impact on the outcome of elections. Furthermore, they present a distorted picture of the state of democracy.

The Commissioner also emphasized the responsibility of the media as a whole, which should first “clean up its own mess”. If we are to protect the media sector and journalists, we must be sure we are defending professionals with high integrity who do their job in the interest of protecting objective facts, Jourova said. She added that there is a clear requirement for member states to provide funding for public service broadcasting, again pointing out Slovenia as an example. Transparency and disclosure of media ownership was also a topic discussed by the Commissioner, as she felt it is important for people to know who stands behind them.

You can watch the video with excerpts from the Commissioner’s introductory speech and MEP’s Irena Joveva’s questions and Vera Jourova’s answers below:

Conservative. Perverted. Ideological. Repressive.

Unacceptable.

These five words actually sum up most of the government’s actions in Poland. Not only in Poland, I am aware of that, but in this writing, I want to concentrate on Poland, since the discussion and the resolution on this week’s plenary overshadowed everything else.

I am referring here to the recent political ruling of the Polish illegitimate Constitutional Court. Political because the Prime Minister himself requested an assessment. And illegitimate because 11 of the 14 constitutional judges were appointed by the ruling right-wing populist party PiS. According to the judgment, certain provisions of the founding treaties of the EU, those adopted by Poland upon its accession to the EU, are unconstitutional.

In short, the judgment shook the legal foundations of the Union. Of course, this is a political game of the Polish ruling clique, as they do not want to consider the judgments of the Court of Justice of the European, which decided that their disciplinary regime for judges (the so-called “muzzle law”) is inconsistent with European law. Neither the judgments of the European Court of Human Rights, ruling that the Constitutional Court was illegally constituted.

At yesterday’s EU summit, leaders from member states discussed the situation in Poland. After a 2-hour discussion, supposedly a calm one (whatever that means), they finally agreed that – you won’t believe this – dialogue is needed. Prime ministers of countries that actually support democracy and the rule of law should be stricter in upholding (their) principles.

What happened at the plenary a few days earlier? The President of the European Commission strongly opposed the actions of the Polish government in the hall of the European Parliament, and even (!) announced measures. Well… hopefully it won’t turn out the way it normally does – eternal warnings, eternal calls, eternal worries. There are several possibilities for action, although their effect may differ.

In the European Parliament, we have thus passed a resolution calling for several decisive measures at once:

  • initiating infringement proceedings concerning legislation because of the Polish illegal court;
  • finally launching the new regulation we adopted at the end of 2020 which is now in force, and links the disbursement of European money with the rule of law;
  • finally moving the process of the famous Article 7 of the Treaty on European Union forward in the Council, which freezes a country’s voting rights if the rule of law is violated;
  • not approving the Polish Recovery and Resilience Plan until these issues are resolved.

The last measure would be most effective. It’s also about the bigger picture. The resources of the European Union are those of all its citizens who do not want to fund a corrupt government in Poland that wants to consolidate its power with this money. If such authoritarian authorities do not respect fundamental values, they will have to understand why funds will be frozen.

As it should be understood, these parties – including the Slovene Democratic Party SDS in terms of politics and ideology – do not defend traditional values, they reject them. The goal? Subordination of society and all subsystems for arbitrary governance and exploitation of public funds. Autocracy merely leads to kleptocracy. The EU has tolerated authoritarian regimes for too long and hoped that the situation would be resolved through dialogue. It only got worse.

It is no secret that with the current government Slovenia is following the same path as Poland and Hungary. Unfortunately. Even in the most optimistic scenario, the consequences of the dismantling in both countries will remain for decades.

Those of us who are on the side of democracy and the rule of law must be aware of the conditions that have brought these policies to power. Not only social status and inequality, but also the spiritual emptiness and dehumanization of a system that does not provide what people are entitled to: a decent life and inclusion. It is therefore high time to take decisive steps. In the end, such policies must also always be thrown out of power in the elections. Once again, it is high time.

– Irena

On Wednesday, October 20, 2021, MEP Irena Joveva spoke at the first International Conference titled “Living with Cancer after Cancer”, which aimed at the comprehensive rehabilitation of cancer patients. Distinguished speakers and guests from home and abroad introduced one of the most relevant and yet very overlooked topics in the holistic treatment of these patients – the topic of life with cancer after cancer.

Effective screening programs, improved diagnostics supported by molecular science, a growing choice of treatment that is becoming more patient-friendly, various campaigns and awareness-raising activities for patient organizations… All this has radically changed patient survival statistics and put more and more types of cancer on the map of chronic diseases that can be managed. While all of this has been a great progress, it also raises new questions, especially about the best possible quality of life after treatment. Joveva discussed several issues at the event, such as how to return to work, what are the main needs of cured patients in terms of medical, psychological, social needs, and what about the right to be forgotten.

During the first part of the conference on the introduction to the comprehensive rehabilitation of cancer patients, the MEP gave a speech. She pointed out that life often changes a great deal after cancer, both for the patient and for their loved ones, as life itself does not return to the old tracks: “Patients often no longer have access to the support they would need to get back on their feet. They are facing physical, emotional as well as financial issues, family relationships often change, they are experiencing chronic difficulties that greatly affect their quality of life, and many fear that cancer will recur or feel abandoned at this time when they need support.”

To prepare a draft motion for a resolution on strengthening Europe in the fight against cancer, the European Parliament set up a special parliamentary committee to fight cancer that Joveva is a member of. She listed the essential points of the motion for a resolution aimed at supporting the sick. She explained that the adoption of national legislation would be an important and necessary step towards discriminatory treatment in many areas, such as the conclusion of credit agreements or insurance policies. “It is also crucial to provide supportive care, restore aesthetic integrity and recognize the consequences of cancer treatment. We also call on the Member States to improve the reintegration of cancer survivors into the labour market and to facilitate their return to school,” she said. In addition, she suggested that the European Agency for Safety and Health at Work should be given more authority to play a greater role in promoting good practices in the Member States in relation to the integration of cancer patients and cancer survivors into the workplace and their protection against discrimination.

“The resolution also supports the introduction of a smart card for surviving oncology patients, which will summarize their clinical history. This will facilitate monitoring and follow-up care,” she added, pointing out that progress has already been made in France, Belgium, Luxembourg and the Netherlands and should be encouraged. These countries guarantee cancer survivors the so-called right to be forgotten: “We wish and demand that, at the latest by 2025, all Member States guarantee all European patients the right to be forgotten on the basis of common standards. That is, ten years after completion of treatment and five years after completion of treatment for patients who were diagnosed before the age of 18.”

At the end, she emphasized the importance of events such as this conference that provide a valuable source of information, experience, and challenges, while also helping her to understand and address the real needs of cancer patients and survivors.

Read a comprehensive interview with MEP Irena Joveva in the current issue of the Reporter magazine, in which she discusses the first half of her term, critically highlighting the challenges Europe will face, and comments on the current political and social situation in Slovenia. She also talks about the challenges of motherhood in the context of her political career, her goals for the second half of the term, and whether any journalistic questions throw her off track.

“Answers of people who think that no one can stop them and that they know everything throw me off track. Because of such people, some think that we are all the same. I always try to answer precisely what is asked, I don’t twist things and if I don’t know something, I say so. That does not mean I know nothing, it just means I won’t bluff. We don’t need more of that in our country.”

In response to a question about the media regarding the fact that “the center-right government is accused of disabling the STA (Slovenian Press Agency)”, Joveva pointed out that the current government cannot be described as center-right and that the accusations are not about disabling the STA but clear endeavours to subjugate or destroy it.

In the interview, a large part of the discussion revolves around the state of media freedom in Slovenia, from party funding of media that run propaganda aimed exclusively at discrediting political opponents, and the fact that the European Commission and the European Parliament’s working group are closely monitoring the situation.

It will visit Slovenia in a few days, which does not bode well for the country’s reputation, said Joveva: “It is also of no use for the current Prime Minister to show, in a rather bizarre speech at the hearing in the European Parliament, that he has no arguments for the controversial measures. My understanding is that the working group will interview various stakeholders and prepare a report. What comes next will be decided by the majority in Parliament.”

According to the MEP, with its moves the current government wants to completely transform Slovenia into an illiberal democracy. This is why we are losing a good part of our respect. In spite of this, it is still clear to all who is responsible for this. Meanwhile, Slovenia’s presidency of the EU Council was described as politically unsuccessful. However, it was successful where the government did not play a major role; that is at the technical level, where diplomats and experts worked within the presidency.

The biggest threat to the EU, which, according to the MEP, comes from within:

“Populists are cynically provoking fear, exploiting historical traumas, and deliberately dividing a nation without basic decency, just for their own power and authority. Despite what might appear to be exaggeration, the EU is facing a serious test because of authorities in Hungary and Poland, and somewhat less so in our country and Bulgaria. Now that the European Commission has finally responded to the persistent pressure from the European Parliament and has taken a stronger stance against breaches of the rule of law, tensions have only increased. Of course, these regimes seek to present this as a defence of Christian Europe, their own sovereignty, family values, but that is just shifting attention. It is not about conservative versus liberal values. It is simply about authoritarianism versus liberal democracy.”

The MEP also answered clearly, whether true liberals still exist “given that MEPs from liberal groups have become more intolerant towards dissidents”.

“You have probably confused the notion of intolerance by disagreeing and pointing out the infringement of fundamental rights and the violation of the rule of law. Liberal groups by nature include dissidents. Economically, many in Renew Europe are very much on the right, while others are more on the left. But we share the same views on fundamental freedoms and rights and the rule of law. It is not that we are intolerant towards conservative people, but we are speaking out against the usurpation of countries by corrupt leaders driven by hatred. /… / The biggest trick of these populist parties is that they present themselves as defenders of traditional values, when in reality, they reject them with all their cynicism.”

The MEP also discussed her activities in the first half of her term and future plans. She participated in more than a dozen reports and in a narrow focus group, where proposals for the European Parliament reforms were prepared on a proposal from President David Sassoli. He is currently focusing on the media, culture, environment, health and youth issues, focusing on meeting people’s expectations.

Within the Committee on Culture, she will strive to “participate fully in the act of media freedom, which is imperative if we want the European Commission to stop responding to situations like the STA only with eternal concerns and unheeded calls.”

Among other things, Joveva expressed satisfaction that, also through her own work, she managed to ensure that more funds will be allocated to youth programmes in the coming years. As for the Conference on the Future of Europe, she expressed hope that the project would bring about the changes desired, but that the idea of bringing the EU closer to the people seemed to have dissipated too often for her to predict anything.

“I do not understand how 75-year-olds or older can give their views about the future of our country. With all due respect, but if we are speaking about the future, it should be logical who should have the main say.”

As a remote guest speaker, MEP Irena Joveva attended the reception of the European Choral Association – Europa Cantat on Wednesday, September 29, 2021, where the achievements to date and upcoming projects were presented.

In her speech, MEP Joveva emphasized she was glad that the debate on culture was still ongoing, especially in these times: “Art is much more than just the physical aspect of creativity. Music is art, too. During the shutdown of public life, we all saw that it is a unifying force that does not only unite, but can also connect different cultures, religions…”

In her speech, Joveva also mentioned the Europa Cantat festival, which took place in a hybrid format in Ljubljana this year. In the eyes of the MEP, such events prove how important concerts and live events are, and how important it is to feel art firsthand. However, in her opinion, this hybrid format was also an opportunity to bring the festival closer to the listeners, who usually do not visit such events.

The website of the reception organizers says we all sing, because it brings us physical, psychological, educational and social benefits. The MEP therefore ended her speech by asking everyone to continue singing and thus spread positive vibes through music and culture. “Earth without art is just eh.”

The European Choral Association is a non-profit organization or network of organizations, choirs and individuals in the field of collective singing in Europe, whose purpose it is to foster mutual understanding between European nations, their music, languages and cultural life. Members include more than 2.5 million singers, vocal leaders/conductors, creators/composers, educators/teachers and managers from more than 40 European countries.

Do you also just love sponsored ads that come up repeatedly by online platforms and you feel you are being followed by you with targeted advertising? I am probably not the only one who is extremely annoyed by this. In the following post, I will explain what I did to get this field regulated. 

But let’s take it step by step. I will start with the numbers…

1373. At this year’s Committee on Culture, we voted on many amendments.

1374. There were so many in the Digital Services Act.

1375.  And so many in the Digital Markets Act.

The reason I bring these figures up is that we have never voted on so many amendments at once in this term, as well as the fact that I was directly involved in drafting the aforementioned 773, and especially since these two Acts are extremely important.

For both reports, I was the shadow reporter. That means I monitored the report for my group Renew Europe, introduced amendments, gave voting indications and negotiated with reporters of other groups for the final text in the form of joint compromise amendments.

Other committees are collaborating to create legislative proposals, which will then be merged into the European Parliament’s common position. Meanwhile, Member States are seeking a separate common position in the Council. The two positions, the amendments to the original proposal of the European Commission, will be combined in trialogues into a law that will be binding at the level of the entire Union.

The Digital Markets Act (DMA) will define and set the so-called gatekeepers who, due to their size (read Google, Amazon, Apple), often act as an entry point for a wide variety of companies for the entire digital economy. They offer different services and at the same time use online and business users data from one or more segments of the platform for a competitive advantage in their other product or service offer (Amazon, Google, Apple – think of search engines) or have a monopoly/duopoly for small companies accessing users (Googleplay, Apple AppStore).

The Digital Services Act (DSA) establishes rules for online service providers, protects the fundamental rights of users, allows the same level of conditions of competition in the complex structure of platform obligations, user empowerment, transparency of algorithms and adjustment of parameters for online content dissemination, and above all advertising transparency and rules to remove illegal content.

Let me get to the point: what is it about? Basically, it is about radically changing the rules online. The Digital Services and Markets Acts are highly technical and rather complex, so I will not describe what they each cover in detail, but I will present the key points of our committee in conjunction with my amendments.

The legislative documents are complementary. With DMA, the majority of the competences will remain at EU level, although Member States will have the option to suggest which platform should be designated as the gatekeeper. The competences of the DSA, on the other hand, will be in the domain of the Member States through the so-called Digital Coordinator; an independent agency responsible for overseeing the performance of online giants in their practices.

Since online platforms have long before become public spaces, it is essential to introduce clear rules, which is what we are doing with the Acts. What should be different after the amendments concerning advertising I (successfully!) added to the text?

Platforms must disclose the users, who are shown advertising, why you received this ad, why exactly this ad was sent to you, and – most importantly – that you should not be targeted for advertising by default unless you consent to it in advance. It was also important for me that one could choose which data they shared and to set the parameters of the algorithms. In other words, you can actually choose how the world is ‘presented to you’.

In presenting the world, it is, of course, important to distinguish between legal, illegal and harmful content. Legal content must not be removed, and companies cannot be held responsible for that at all. However, there are currently only three types of illegal content: child pornography, terrorist content and copyright. We have separate legislation for all three, and the DSA will provide horizontal rules for all.

Due to my strong opposition to having this content checked exclusively by automated systems, algorithms or artificial intelligence, I emphasized throughout the text (in the end successfully) that the very blocking of this content must be human controlled. I also added that web giants must take into account the language of the Member State itself and employ moderators who can speak the language of that country, such as Slovene in our case. They can afford it with no doubt.

The texts contain some other very good decisions. Unfortunately, there are also some, which are unacceptable to me. That is why I abstained from voting in the end. One of the decisions is that platforms should remove all copies of some illegal content and prevent it from appearing again. In turn, this would mean that platforms would have to monitor all publications. This would consequently result in the use of artificial intelligence, which could lead to censorship due to errors. The second decision addresses the issue of preventing blocked users from registering, which is technically almost impossible, but if it were, it would mean the end of online anonymity.

I have, of course, supported other good proposals and I will continue to do so in the future as well. For example, we wanted to ensure that media that are regulated or self-regulated do not have their content removed, as they are editorially responsible. Although I was concerned that groups with bad intentions (such as foreign Chinese or Russian interests or EU media houses subordinated to politics) could be hiding behind this exception, the good overweighted the bad. Platforms often download content from independent media due to abuses of their reporting systems, which jeopardizes public debate and access to information. We prefer solving the common rules regarding the media in the upcoming legislation in this field.

As for the timeline: Expect that legislation at European level will be adopted next year, and I hope that it will be implemented into national legislation shortly after.

The initial proposal of the European Commission, which we want to change or supplement with our position, was good, but it was necessary to supplement enough grandfathering provisions to prevent abuse. My biggest concern is with countries where there are no independent agencies and judiciary; where/since they are subject to political parties that could abuse good regulation – to their advantage, of course. I hope we can resolve this by the time the regulation is adopted.