81 Amendments of Kaja KALLAS related to 2016/0151(COD)
Amendment 58 #
Proposal for a directive
Recital 3
Recital 3
(3) Directive 2010/13/EU should remain applicable only to those services which are intended for reception by, and which could have a clear impact on, a significant proportion of the general public and the principal purpose of which is the provision of programmes in order to inform, entertain or educate. The principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider, such as stand-alone parts of online newspapers featuring audiovisual programmes or user-generated videos where those parts can be considered dissociable from their main activity. Social media services are not included, except if they provide a service that falls under the definition of a video-sharing platform. Similarly, audiovisual media services that are not primarily economic in their purpose and do not compete with television broadcasting, instead, for example, providing and distributing the audiovisual content of private users for sharing in communities of interest should not be included. A service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity. As such, channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves, even if they are offered in the framework of a video- sharing platform which is characterised by the absence of editorial responsibility. In such cases, it will be up to the providers with editorial responsibility to abide by the provisions of this Directive.
Amendment 60 #
Proposal for a directive
Recital 5
Recital 5
(5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts. The European Regulators Group for Audiovisual Media Services (ERGA) should therefore be empowered to provide opinions, in conjunction with national regulatory authorities, on jurisdiction upon the Commission's request.
Amendment 79 #
Proposal for a directive
Recital 16
Recital 16
(16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children’s audiencethat are primarily produced for and aimed at children. In particular, evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in programmes with a significant children’s audiencechildren´s programmes, understood as programmes that are produced for and aimed at children. Consumer affairs programmes are programmes offering advice to viewers, or including reviews on the purchase of products and services. Allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes.
Amendment 91 #
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominenceEuropean works, where practicable and by appropriate means.
Amendment 96 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure adequate levels of investment on European works, Member States shouldmay be able to impose financial obligations to on-demand service providers established on their territory. Those obligations can take the form of direct contributions to the production of and acquisition of rights in European works. The Member States could also impose levies payable to a fund, on the basis of the revenues made with on-demand services that are provided in and targeted towards their territory. This Directive clarifies that, given the direct link between financial obligations and Member States' different cultural policies, Member States are also allowed to impose such financial obligations on providers of on-demand services established in another Member State which are targeted towards its territory. In this case financial obligations should only be charged on the revenues generated through the audience in that Member State.
Amendment 96 #
Draft legislative resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 7, 10, 11, 21, 24, 26 and 52 thereof,
Amendment 98 #
Proposal for a directive
Recital 24
Recital 24
Amendment 99 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure that obligations on promotion of European works do not undermine market development and to allow for the entry of new players in the market, companies with no significant presence on the market should not be subject to such requirements. This is in particular the case for companies with a low turnover and low audiences and small and micro enterprises as defined in Commission Recommendation 2003/361/EC33. It cshould also be inappropriate to impose such requirements in cases where – given the nature or theme of the on-demand audiovisual media services– they would be impracticable or unjustified. __________________ 33 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 102 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) The Commission should ensure adequate and geographically-diversified funding under the Creative Europe Media programme to support the circulation of creative content across borders, including improvement of digital distribution of European audiovisual works and the development of innovative financing models for creative content
Amendment 103 #
Proposal for a directive
Recital 1
Recital 1
(1) The last substantive amendment to Directive 89/552/EEC of the Council27 , later codified by Directive 2010/13/EU of the European Parliament and of the Council28 , was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council29 . Since then, the market of audiovisual media services has evolved significantly and rapidly. Technical developments allow for new types of services and user experiences. The viewing habits, particularly of younger generations, have changed significantly. While the main TV screen remains an important device to share audiovisual experiences, many viewers have moved to other, portable devices to watch audiovisual content. Traditional TV content accounts still for a major share of the average daily viewing time. However, new types of content, such as short videos or user-generated content, gain increasing importance and new players, including providers of video-on- demand services and video-sharing platforms, are now well-established. __________________ 27 In order to ensure that the measures to regulate these new types of content are suitable for future developments, it is necessary to evaluate whether the current legal framework for audiovisual media services is suitable and whether it strikes the necessary balance with other legal instruments applicable to these new types of content. __________________ 27 Directive 89/552/EEC of the European Directive 89/552/EEC of the European Parliament and of the Council of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 298, 17.10.1989, p. 23). 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1). 29 Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 332, 18.12.2007, p. 27).
Amendment 106 #
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those mattersn addition, the arbitrary removal of that content, being often dependent on subjective interpretation, can undermine the freedom of expression and information. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, but also to protect user's fundamental rights, to encourage video-sharing platforms to put in place voluntary measures on those matters, in accordance with regular guidelines issued by authorities, and without prejudice to article 14 and 15 of the Ecommerce directive.
Amendment 108 #
Proposal for a directive
Recital 3
Recital 3
(3) Directive 2010/13/EU should remain applicable only to those services which are intended for reception by, and which could have a clear impact on, a significant proportion of the general public and the principal purpose of which is the provision of programmes in order to inform, entertain or educate. The principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider, such as stand-alone parts of online newspapers featuring audiovisual programmes or user-generated videos where those parts can be considered dissociable from their main activity. Social media services are not included, except if they provide a service that falls under the definition of a video-sharing platform. Similarly, audiovisual media services that are not primarily economic in their purpose and do not compete with television broadcasting and instead, for example, provide and distribute the audiovisual content of private users for sharing in communities of interest, should not be included. A service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity. As such, channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves, even if they are offered in the framework of a video- sharing platform which is characterised by the absence of editorial responsibility. In such cases, it will be up to the providers with editorial responsibility to abide by the provisions of this Directive.
Amendment 112 #
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, where those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers, they should be requirencouraged to take appropriate measures to protect minors from content that may impair their physical, mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin in accordance with guidelines regularly issued by authorities to ensure the protection of user's fundamental rights.
Amendment 113 #
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, thossome providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers should be required to take appropriate measures to protect minors from content that may impair their physical, or mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.
Amendment 118 #
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation should therefore be encouraged. With a view to ensuring a clear and consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive. However, it should remain possible for Member States to take such stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35. It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basis. __________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 121 #
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation should therefore be encouraged. With a view to ensuring a clear and consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive. However, iIt should however remain possible for Member Statevideo- sharing platform providers to take such stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35. It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basion a voluntary basis, in accordance with the guidelines issued by authorities to ensure the protection of user's fundamental rights. __________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 125 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) To ensure that the fundamental rights of users are protected, regulatory authorities of Member states, in cooperation with ERGA and the Commission, should regularly issue guidelines on the terms and conditions applicable to the removal of harmful content, in accordance with national and Union law and the Charter of Fundamental rights of the European Union;
Amendment 126 #
Proposal for a directive
Recital 32
Recital 32
Amendment 136 #
Proposal for a directive
Recital 38
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligationtake measures to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. Such obligations should only be imposed where they are necessary toproportionate and meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to imposntroduce discoverability rules, they should only impostake proportionate obligations onmeasures with regard to undertakings, in the interest of legitimate public policy considerations.
Amendment 150 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/13/EU
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) if a media service provider has its head office in one Member State but editorial decisions on the audiovisual media service are taken in another Member State, it shall be deemed to be established in the Member State where the majority of the workforce involvededitorial decisions in the pursuit of the audiovisual media service activity operates;are taken;
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2010/13/EU
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles 5, 6, 6a, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a, provided that such rules are in compliance with Union law. and do not contain discriminatory provisions relating to the nationality or place of residence of the service provider ;
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
The Commission shall decide within 31 months following the electronic notification provided for in point (a) of paragraph 4. That period shall begin on the day following the receipt of a complete notification. The notification shall be considered as complete if, within 3 month2 weeks from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 174 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
The Commission may ask ERGA to give an opinion on the drafts, amendments or extensions of those codes. The Commission mayshall publish and raise awareness on those codes as appropriate. ;
Amendment 205 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages. Those codes, based on best practices in Member States, should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages.
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 4
Article 9 – paragraph 4
The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of Union codes of conduct., based on best practices in Member States;
Amendment 223 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that providers of on- demand audiovisual media services under their jurisdiction secure at least a 20% share of European works in their catalogue and ensure prominence of these worksprovided by media service providers under their jurisdiction promote, where practicable and by appropriate means, the production of and access to European works. Such promotion could relate, inter alia, to the financial contribution made by such services to the production and rights acquisition of European works or to the share and/or prominence of European works in the catalogue of programmes offered by the on-demand audiovisual media service.
Amendment 232 #
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominencWith a view to developing European audiovisual content and fostering the exchange of European works throughout the internal market, providers of on-demand audiovisual media services should promote the production and distribution of European works, where practicable.
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may require providers of on-demand audiovisual media services under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds. Member States may require providers of on-demand audiovisual media services, targeting audiences in their territories, but established in other Member States to make such financial contributions. In this case, the financial contribution shall be based only on the revenues earned in the targeted Member States. If the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States. Any financial contribution shall comply with Union law, in particular with State aid rules.
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/12/EU
Article 13 – paragraph 4a (new)
Article 13 – paragraph 4a (new)
4a. The Commission shall ensure adequate and geographically-diversified funding under the Creative Europe Media programme to support the circulation of creative content across borders, including improvement of the digital distribution of European audiovisual works and the development of innovative financing models for creative content ;
Amendment 238 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure adequate levels of investment on European works, Member States should be able to impose financial obligations to on-demand service providers established on their territory. Those obligations can take the form of direct contributions to the production of and acquisition of rights in European works. The Member States could also impose levies payable to a fund, on the basis of the revenues made with on-demand services that are provided in and targeted towards their territory. This Directive clarifies that, given the direct link between financial obligations and Member States' different cultural policies, Member States are also allowed to impose such financial obligations on providers of on-demand services established in another Member State which are targeted towards its territory. In this case financial obligations should only be charged on the revenues generated through the audience in that Member State.
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Member States shall waive the requirements laid down in paragraphs 1 and 2 for providers with a low turnover or low audience or if they are small and micro enterprises. Member States mayshall also waive such requirements in cases where they would be impracticable or unjustified by reason of the nature or theme of the on- demand audiovisual media services.;
Amendment 243 #
Proposal for a directive
Recital 23
Recital 23
Amendment 247 #
Proposal for a directive
Recital 24
Recital 24
Amendment 253 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) The Commission should ensure adequate and geographically-diversified funding under the MEDIA programme of Creative Europe in order to support the circulation of creative content across borders, including the improvement of digital distribution of European audiovisual works and the development of innovative financing models for creative content.
Amendment 257 #
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters. Video-sharing platform providers should be encouraged to put in place voluntary measures on those matters, provided that user's fundamental rights are protected, in accordance with guidelines issued by regulatory authorities, and without prejudice to Articles 14 and 15 of Directive 2000/31/EC of the European Parliament and of the Council 33a . Such measures should avoid arbitrary removal of content and should not undermine freedom of expression and information. __________________ 33a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1).
Amendment 266 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – introductory part
Article 28a – paragraph 1 – introductory part
1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure that video- sharing platform providers should be encouraged to take appropriate measures to:
Amendment 271 #
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, where those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers, they should be requirencouraged to take appropriate measures to protect minors from content that may impair their physical, mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin in accordance with guidelines regularly issued by authorities to ensure the protection of user's fundamental rights.
Amendment 282 #
Proposal for a directive
Recital 29
Recital 29
(29) In light of the nature of the providers' involvement with the content stored on video-sharing platforms, those appropriate measures should relate to the organisation of the content and not to the content as such. The requirements in this regard aThe requirements set out in this Directive should therefore apply without prejudice to Articles 14 and 15 of Directive 2000/31/EC of the European Parliament and of the Council34 , which provides for an exemption from liability for illegal information hostored by certain providers of information society services. When providing services covered by Article 14 of Directive 2000/31/EC, those requirements should also apply without prejudice to Article 15 of that Directive, which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers, without however concerning monitoring obligations in specific cases and, in particular, without affecting orders by national authorities in accordance with national legislation. __________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.07.2000, p. 1).
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – subparagraph 1
Article 28a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest, the protection of freedom of expression and information.
Amendment 285 #
Proposal for a directive
Recital 29
Recital 29
(29) In light of the nature of the providers' involvement with the content hostored on video-sharing platforms, those appropriate measures should relate to the organisation of the content and not to the content as such. The requirements in this regard as set out in this Directive should therefore apply without prejudice to Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services. When providing services covered by Article 14 of Directive 2000/31/EC, those requirements should also apply without prejudice to Article 15 of that Directive, which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers, without however concerning monitoring obligations in specific cases and, in particular, without affecting judicial orders by national authorities in accordance with national legislation. __________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.07.2000, p. 1).
Amendment 289 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – point a
Article 28a – paragraph 2 – point a
(a) defining and applyingSetting out the rights and duties of users, in the terms and conditions of the video-sharing platform providers the concepts of, with regard to incitement to violence or hatred as referred to in point (b) of paragraph 1 and of content which may impair the physical, mental or moral development of minors, in accordance with Articles 6 and 12 respectively and the guidelines issued by the regulatory authorities of Member states as referred to in paragraph 4 ;
Amendment 291 #
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation should therefore be encouraged. With a view to ensuring a clear and consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive. However, iIt should however remain possible for Member Stateto encourage video-sharing platform providers to take such stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35 . It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basion a voluntary basis, provided that such measures ensure the protection of the fundamental rights of users. __________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 299 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Member States should ensure that any measure taken, for the purpose of this Directive, to restrict the online distribution, or otherwise making available, of illegal content to the public is in line with the Charter of Fundamental Rights of the European Union, is limited to what is necessary and proportionate and is taken on the basis of a prior judicial authorisation.
Amendment 300 #
Proposal for a directive
Recital 31
Recital 31
(31) When taking the appropriatrestrictive measures to protect minorcitizens from harmful content and to protect all citizens from content containing incitement to violence or hatred in accordance with this Directive, the applicable fundamental rights, as laid down in the Charter on Fundamental Rights of the European Union, should be carefully balanced. That concerns in particular, as the case may be, the right to respect for private and family life and the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the prohibition of discrimination and the right of the child. Member States have a positive obligation to ensure that the balance of incentives for media service providers and video- sharing platform providers covered by this Directive is such that legal content, including content that can offend, shock or disturb, can be communicated. Similarly, age verification should only be required by law if necessary and proportionate and be implemented in a way which offers maximum protection for privacy.
Amendment 304 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 a (new)
Article 28a – paragraph 2 a (new)
2a. Removal of harmful content referred to in point a) and b) of paragraph 1 often relies upon subjective interpretation and arbitration of platform providers. Therefore, Member states shall provide the necessary guidelines to ensure that measures taken respect the freedom of expression and information of users ;
Amendment 306 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
4. Member states, in cooperation with the Commission and ERGA, shall regularly issue guidelines on the terms and conditions applicable to the removal of content referred to in point a) and b) of paragraph 1, in accordance with national and Union law and the Charter of Fundamental rights. Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providers in particular with regard to freedom of expression and information. Member States shall entrust this task to the authorities designated in accordance with Article 30.
Amendment 306 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) To ensure the protection of fundamental rights of users, regulatory authorities of Member States, in cooperation with ERGA and the Commission, should regularly issue guidelines on the terms and conditions applicable to the removal of harmful content, in accordance with national and Union law and the Charter of Fundamental Rights of the European Union.
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a– paragraph 5
Article 28a– paragraph 5
5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measures with respect to illegal content. When adopting such measures, they shall respect the conditions set by applicable Union law, such as, where appropriate, those set in Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU.
Amendment 309 #
Proposal for a directive
Recital 32
Recital 32
(32) The vVideo-sharing platform providers covered by this Directive provide information society services within the meaning of point (a) of Article 2 of Directive 2000/31/EC and generally provide hosting services in line with Article14 of that instrument. Those providers are consequently subject to the rules on the internal market set out in Article 3 of that Directive, if they are established in a Member State. It is appropriate to ensure that the same rules apply to video-sharing platform providers which are not established in a Member State with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this Directive and ensuring a level playing field in as much as possible, in as far as those providers have either a parent company or a subsidiary which is established in a Member State or where those providers are part of a group and another entity of that group is established in a Member State. To that effect, arrangements should be made to determine in which Member State those providers should be deemed to have been established. The Commission should be informed of the providers under each Member State's jurisdiction in application of the rules on establishment set out in this Directive and in Directive 2000/31/EC.
Amendment 312 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) This Directive, in line with the Charter of Fundamental Rights of the European Union and in particular Article 11 thereof, aims to enshrine the independence of audiovisual media regulators into Union law by ensuring that such regulators are legally distinct and functionally independent from the industry and government (e.g. they neither seek nor take instructions), operate in a transparent and accountable manner as set out in a law, and have sufficient powers.
Amendment 314 #
Proposal for a directive
Recital 33
Recital 33
(33) Regulatory authorities of the Member States can achieve the requisite degree of structural and functional independence only if established as separate legal entities. Member States should therefore guarantee the independence of the national regulatory authorities from both the government, public bodies and the industry with a view to ensuring the impartiality of their decisions. This requirement of independence should be without prejudice to the possibility for Member States to establish regulators having oversight over different sectors, such as audiovisual and telecom. National regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection, non-discrimination, transparency, the internal market and the promotion of fair competition.
Amendment 318 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) This Directive formalises the role of ERGA as an independent, expert advisor to the Commission, and as a forum for the exchange of experiences and best practices between the national regulators. ERGA is entrusted with a specific advisory role with regard to issues of jurisdiction and the issuing of opinions on Union codes of conduct based on co- regulation.
Amendment 322 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 8
Article 28a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct, in accordance with the guidelines provided in paragraph 4. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission mayshall give appropriate publicity to those codes of conduct.
Amendment 326 #
Proposal for a directive
Recital 37
Recital 37
(37) The Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA should assist the Commission by providing its expertise and advice and by facilitating exchange of best practices. In particular, the Commission should consult ERGA in the application of Directive 2010/13/EU with a view to facilitating its convergent implementation across the Digital Single Market. Upon the Commission's request, ERGA should provide opinions, including on jurisdiction and Union rules and codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat, salt/sodium and sugars.
Amendment 331 #
Proposal for a directive
Recital 38
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations.
Amendment 334 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30a – paragraph 3 – point e
Article 30a – paragraph 3 – point e
Amendment 338 #
Proposal for a directive
Recital 39
Recital 39
(39) TMember States are under a positive obligation to ensure that measures taken to transpose this Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect forMember States should ensure that no measure adopted in the transposition of this Directive directly or indirectly undermines the right to freedom of expression, the freedom to conduct a business, the right to judicial review and to promote the application of the rights of the child enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 343 #
Proposal for a directive
Recital 40
Recital 40
(40) The right to access political news programmes is crucial to safeguard the fundamental freedom to receive information and to ensure that the interests of viewers in the Union are fully and properly protected. Given the ever growing importance of audiovisual media services for societies and democracy, broadcasts of political news should, to the best extent possible, and without prejudice to copyright rules, be made available cross- border in the EU.
Amendment 356 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a
Article 1 – paragraph 1 – point a a
(aa) 'video-sharing platform service' means a service, as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, which meets the following cumulative requirements:
Amendment 357 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
(aa) 'video-sharing platform service' means a service, as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, which meets all the following requirements:
Amendment 368 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point ii
Article 1 – paragraph 1 – point a a – point ii
(ii) the active organisation of the stored content is determined by the provider of the service including by automatic means or algorithms, in particular by hosting, displaying, tagging and sequencingallows it to have knowledge or control of the data stored;
Amendment 375 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point iii
Article 1 – paragraph 1 – point a a – point iii
(iii) the principal purpose of the service or a service which is a dissociable section thereofof another service is devoted to providing programmes and user- generated videos to the general public, in order to inform, entertain or educate; and
Amendment 435 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/13/EU
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) if a media service provider has its head office in one Member State but editorial decisions on the audiovisual media service are taken in another Member State, it shall be deemed to be established in the Member State where the majority of the workforce involvededitorial decisions in the pursuit of the audiovisual media service activity operates;are taken;
Amendment 514 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2010/13/EU
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles 5, 6, 6a, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a, provided that such rules are in compliance with Union law.; and do not contain discriminatory provisions relating to the nationality or place of residence of the service provider
Amendment 548 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
The Commission shall decide within 31 months following the electronic notification provided for in point (a) of paragraph 4. That period shall begin on the day following the receipt of a complete notification. The notification shall be considered as complete if, within 3 month2 weeks from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 556 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 1
Article 4 – paragraph 7 – subparagraph 1
Amendment 734 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that providers of on-demand audiovisual media services under their jurisdiction secure at least a 20% share of European works in their catalogue and ensure prominence of thesepromote, where practicable, the production of and access to European works.
Amendment 735 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may require providers of on-demand audiovisual media services established under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds. Member States may require providers of on-demand audiovisual media services, targeting audiences in their territories, but established in other Member States to make such financial contributions. In this case, the financial contribution shall be based only on the revenues earned in the targeted Member States. If the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States. Any financial contribution shall comply with Union law, in particular with State aid ruleor contributions to national funds.
Amendment 751 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. The Commission shall ensure adequate and geographically-diversified funding under the MEDIA programme of Creative Europe to support the circulation of creative content across borders, including improvement of the digital distribution of European audiovisual works and the development of innovative financing models for creative content.
Amendment 754 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Member States shall waive the requirements laid down in paragraphs 1 and 2 for providers with a low turnover or low audience or if they are small and micro enterprises. Member States mayshall also waive such requirements in cases where they would be impracticable or unjustified by reason of the nature or theme of the on- demand audiovisual media services.
Amendment 845 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – introductory part
Article 28 a – paragraph 1 – introductory part
1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure thatcourage video-sharing platform providers to take appropriate measures to:
Amendment 875 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 1
Article 28 a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of actions taken upon valid and adequately substantiated notifications, the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest, the protection of freedom of expression and information.
Amendment 878 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 a – subparagraph 1 a (new)
Article 28 a – paragraph 2 a – subparagraph 1 a (new)
Removal of harmful content referred to in point (a) and (b) of paragraph 1 often relies upon subjective interpretation and arbitration of platform providers. Therefore, Member states shall provide the necessary guidelines to ensure that measures taken respect the freedom of expression and information of users.
Amendment 887 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point a
Article 28 a – paragraph 2 – subparagraph 2 – point a
(a) defining and applying the rights and duties of users in the terms and conditions of the video-sharing platform providers the concepts ofwith regard to incitement to violence or hatred as referred to in point (b) of paragraph 1 and of content which may impair the physical, or mental or moral development of minors, in accordance with Articles 6 and 12 respectively;
Amendment 891 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point b
Article 28 a – paragraph 2 – subparagraph 2 – point b
(b) establishing and operating transparent mechanisms for users of video-sharing platforms to report or flag to the video- sharing platform provider concerned the content referred to in paragraph 1 stored on its platform;
Amendment 905 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point f
Article 28 a – paragraph 2 – subparagraph 2 – point f
(f) establishing and operating systems through which providers of video-sharing platforms explain to users of video-sharing platforms the validity of and what effect has been given to the reporting and flagging referred to in point (b).
Amendment 906 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point f
Article 28 a – paragraph 2 – subparagraph 2 – point f
(f) establishing and operating systems through which providers of video-sharing platforms explainat provide transparency to users of video-sharing platforms what effect has been given to the reporting and flagging referred to in point (b).
Amendment 913 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 3
Article 28 a – paragraph 3
3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2, Member States shall encourage coself-regulation as provided for in Article 4(7).
Amendment 916 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 4
Article 28 a – paragraph 4
4. Member States, in cooperation with the Commission and ERGA, shall facilitate the development of a Union code of conduct which shall include guidelines on the terms and conditions applicable to the removal of content referred to in points (a) and (b) of paragraph 1 of this Article, in accordance with Union law and the Charter of Fundamental Rights. Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 of this Article taken by video- sharing platform providers in particular concerning freedom of expression and information. Member States shall entrust this task to the authorities designated in accordance with Article 30.
Amendment 980 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Each Member State shall designate one or more independent national regulatory authorities. Member States shall ensure that they are legally distinct and functionally independent ofrom the governments or any other public or private body. This shall be without prejudice to the possibility for Member States to set up regulators having oversight over different sectors.