97 Amendments of Dita CHARANZOVÁ related to 2016/0151(COD)
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 90 #
Proposal for a directive
Recital 21
Recital 21
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 97 #
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 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 105 #
Proposal for a directive
Recital 26
Recital 26
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 110 #
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, those 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, 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 originTherefore, those providers should be required to take appropriate measures to protect minors from content that may impair their physical, mental or moral development.
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 115 #
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 as set out in tThis 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 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 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 120 #
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve relevant stakeholders including civil society organisations and the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation, that is transparent and accountable, 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. __________________ 35Directive 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)also remain possible for video-sharing platform providers to take stricter measures on a voluntary basis.
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 145 #
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 aa – point ii
Article 1 – paragraph 1 – point aa – point ii
(ii) the 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 sequencing;
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d a (new)
Article 1 – paragraph 1 – point 1 – point d a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point b b (new)
Article 1 – paragraph 1 – point b b (new)
(da) the following points are inserted: (bb) Access service: an add-on feature of the audiovisual media service that improves the accessibility of the programmes for people with functional limitations, including persons with disabilities. The access services include subtitles for the deaf and hard of hearing, audio description, spoken subtitles or audio subtitles and sign language interpretation. (bc) Subtitles for the deaf and hard of hearing: synchronized visual text alternative for both speech and non- speech audio information needed to understand the media content. (bd) Audio description: additional audible narrative, interleaved with the dialogue, which describes the significant aspects of the visual content of the programme that cannot be understood from the main soundtrack alone. (be) Spoken subtitles or audio subtitles: read aloud of subtitles in the national language when the audio speech is in a different language. (bf) Sign language interpretation: simultaneous translation of both speech and non-speech audio information needed to understand the programme, provided in the national sign language.
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 153 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) manifestly, seriously and gravely infringes Articles 6, 7 or 12, or both;
Amendment 163 #
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, 7, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a, provided that such rules are in compliance with Union law.;
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 176 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d a (new)
Article 1 – paragraph 1 – point 5 – point d a (new)
Directive 2010/13/EU
Article 4 – paragraph 8
Article 4 – paragraph 8
(da) Paragraph 8 is amended as follows: 8. Directive 2000/31/EC shall apply unless otherwise provided for in this Directive. In the event of a conflict between a provision of Directive 2000/31/EC and a provision of this Directive, the provisions of this Directive 2000/31/EC shall prevail, unless otherwise provided for in this Directive. content/EN/TXT/PDF/?uri=CELEX:32010L0013&qid=1476777414550&from=FR)Or. en (http://eur-lex.europa.eu/legal-
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted; replaced by the following: ‘Article 7 1. The audiovisual media service providers shall ensure that their services are gradually made accessible to persons with disabilities. Five years after the entry into force of this Directive, audiovisual media service providers shall provide: (i) At least 75 % of the overall programming with subtitles for the deaf and hard of hearing (ii) At least 75 % of the overall programming subtitled into the national language shall include spoken subtitles (iii) At least 15 % of the overall programming with audio description and spoken subtitles (iv) At least 5 % of the overall programming with sign language interpretation 2. Every following year the audiovisual media service providers shall increase the provision of access services as follows: (i) 5 % more of the overall programming with subtitles for the deaf and hard of hearing (ii) 5 % more of the overall programming subtitled into the national language with spoken subtitles (iii) 2 % more of the overall programming with audio description (iv) 2 % more of the overall programming with sign language interpretation. 3. The audiovisual media service providers achieving an average audience share of all households over a 12 month period of less than 1% shall be exempted from paragraphs 1 and 2. 4. The access services shall be provided for different types of programmes, including those for children, and at different times during the day, without concentrating the accessible content in the least common time slots for the general audience. Member States shall encourage Audiovisual media service providers to consult users organisations, including organisations representing of persons with disabilities, to prioritise the programmes to be made accessible. 5. The audiovisual media service providers should promote, through their content acquisition, programming and editorial policies, the delivery of access services as part of content producers' packages. 6. The audiovisual media service providers shall make their websites, online applications and mobile-based services, including mobile apps, used for the provision of the service accessible in a consistent and adequate way for users' perception, operation and understanding, and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level. The programmes provided through these means shall only comply with paragraph 1 and 2. 7. Where a programme includes access services, these shall be clearly indicated in the programme information, as well as in the Electronic Programming Guide. 8. The audiovisual media service providers shall ensure that the Electronic Programming Guides are accessible for persons with disabilities. 9. The audiovisual media service providers shall provide accessible information about their services and, in particular, shall list and explain how to use the accessibility features of the services, including the complementarities with assistive technologies and other access services provided by a third party. 10. In consultation with users' organisations, including organisations representing persons with disabilities, the audiovisual media service providers shall ensure the quality of the access services by adopting self- and co-regulation measures resulting in codes of conduct or quality standards. These should tackle quality requirements for: (i) Subtitles for the deaf and hard of hearing that are well synchronised with the video, readable, accurate and comprehensible in order to effectively reflect the audio information. This includes setting up quality specifications covering at least the font type, font size, contrast and use of colours as well as, where possible, the necessary requirements to ensure users' control over the subtitles for the deaf and hard of hearing; (ii) audio description and spoken subtitles that are well synchronized with the video. This includes setting up quality specifications related to audio placement and clarity of the audio description and spoken subtitles, as well as the necessary requirements to ensure users' control over them; (iii) sign language interpretation that is accurate and comprehensible in order to effectively reflect the audio information. This includes setting up professional requirements for the interpreters and quality specifications for the way the signing is provided. Where possible, requirements to ensure users' control over the signing provision shall be adopted. 12. User-generated content is excluded from the requirements laid down in this article. 13. The audiovisual service providers should facilitate and encourage the provision of access services in commercial communications, but these must not deemed accountable for the purpose of paragraphs 1 and 2. 14. Emergency information, including public communications and announcements in natural disaster situations, made available to the public through audiovisual media services shall be provided in an accessible manner for persons with disabilities, including with subtitles for the deaf and hard of hearing, sign language interpretation and audio message and audio description for any visual information.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(aa) Paragraph 1, point (e) is amended as following: (e) audiovisual commercial communications for alcoholic or high caffeine content beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages; Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32010L0013&qid=1476777414550&from=FR)
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 225 #
Proposal for a directive
Recital 21
Recital 21
Amendment 226 #
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 ensumay require 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 works.
Amendment 234 #
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 239 #
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 241 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2010/13/EU
Article 14 – paragraph 1
Article 14 – paragraph 1
(15a) Article 14, paragraph 1 is amended as follows: ‘1. Each Member State may take measures in accordance with Union law to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events which are regarded by that Member State as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such events by live coverage or deferred coverage on free television. Member States shall also require broadcasters under its jurisdiction to broadcast these events of major importance for society in an accessible way for those with functional limitations, including persons with disabilities. If it does so, the Member State concerned shall draw up a list of designated events, national or non-national, which it considers to be of major importance for society. It shall do so in a clear and transparent manner in due time. In so doing the Member State concerned shall also determine whether these events should be available by whole or partial live coverage or, where necessary or appropriate for objective reasons in the public interest, whole or partial deferred coverage.’ Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32010L0013&qid=1476777414550&from=FR)
Amendment 247 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2010/13/EU
Article 22
Article 22
(16a) Article 22 is amended as follows: ‘Television advertising and teleshopping for alcoholic and high caffeine content beverages shall comply with the following criteria: (a) it may not be aimed specifically at minors or, in particular, depict minors consuming these beverages; (b) it shall not link the consumption of alcohol or high caffeine content to enhanced physical performance or to driving; (c) it shall not create the impression that the consumption of alcohol or high caffeine content contributes towards social or sexual success; (d) it shall not claim that alcohol or high caffeine content has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts; (e) it shall not encourage immoderate consumption of alcohol or high caffeine content or present abstinence or moderation in a negative light; (f) it shall not place emphasis on high alcoholic content or high caffeine content as being a positive quality of the beverages.
Amendment 254 #
Proposal for a directive
Recital 26
Recital 26
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 712:00 and 23:00 shall not exceed 20 % on an hourly basis.
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 266 #
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, those 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, 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 originTherefore, those providers should be required to take appropriate measures to protect minors from content that may impair their physical, mental or moral development.
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point a
Article 28a – paragraph 1 – point a
(a) protect minors from content which may impair their physical, or mental or moral development;
Amendment 270 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point b
Article 28a – paragraph 1 – point b
(b) protect all citizens from content containing 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 origiupon obtaining actual knowledge or awareness of the illegality of the content, act expeditiously to remove or disable access to that information.
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 283 #
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 as set out in tThis 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 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 287 #
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 2
Article 28a – paragraph 2 – subparagraph 2
Those measures shallmay consist of, as appropriate:
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 290 #
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 applying in the terms and conditions of the video-sharing platform providers the concepts of incitement to violence or hatred as referred to in point (b) of paragraph 1, of illegal content, and of content which may impair the physical, mental or moral development of minors, in accordance with Articles 6 and 12 respectively;
Amendment 292 #
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve relevant stakeholders including civil society organisations and the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation, that is transparent and accountable, 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).also remain possible for video-sharing platform providers to take stricter measures on a voluntary basis. __________________
Amendment 295 #
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 c
Article 28a – paragraph 2 – point c
(c) establishing and operating age verification systems for users of video- sharing platforms with respect to known content which may impair the physical, mental or moral development of minors;
Amendment 298 #
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 f
Article 28a – paragraph 2 – point f
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 307 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a– paragraph 4
Article 28a– paragraph 4
4. Member States shall establish the necessary mechanisms to assess transparency, necessity, proportionality and the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providers. Member States shall entrust this task to the authorities designated in accordance with Article 30.
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 314 #
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 317 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 6
Article 28a – paragraph 6
6. Member States shall ensure that effective complaint and redress mechanisms are available for the settlement of disputes between users and video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
Amendment 319 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 7
Article 28a – paragraph 7
7. The Commission and ERGA shall encourage video-sharing platform providers to exchange best practices on co- regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of voluntary Union codes of conduct.
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 323 #
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 voluntary Union codes of conduct and amendments to existing voluntary Union codes of conduct. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission may give appropriate publicity to those codes of conduct.
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 366 #
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 – paragraph 1 – point a a – point ii
Article – paragraph 1 – point a a – point ii
(ii) the 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 sequencing;
Amendment 380 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c a (new)
Article 1 – paragraph 1 – point 1 – point c a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ca) The following point is inserted: ‘(ba) ‘Access service’ means an add-on feature of the audiovisual media service that improves the accessibility of the programmes for people with functional limitations, including persons with disabilities. The access services include subtitles for the deaf and hard of hearing, audio description, spoken subtitles or audio subtitles and sign language interpretation.’
Amendment 381 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c b (new)
Article 1 – paragraph 1 – point 1 – point c b (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point b b (new)
Article 1 – paragraph 1 – point b b (new)
(cb) The following point is inserted: (bb) ‘Subtitles for the deaf and hard of hearing’: synchronised visual text alternative for both speech and non- speech audio information needed to understand the media content.
Amendment 382 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c c (new)
Article 1 – paragraph 1 – point 1 – point c c (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point b c (new)
Article 1 – paragraph 1 – point b c (new)
(cc) The following point is inserted: (bc) ‘Audio description’: additional audible narrative, interleaved with the dialogue, which describes the significant aspects of the visual content of the programme that cannot be understood from the main soundtrack alone.
Amendment 383 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c d (new)
Article 1 – paragraph 1 – point 1 – point c d (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point b d (new)
Article 1 – paragraph 1 – point b d (new)
(cd) The following point is inserted: (bd) ‘Spoken subtitles or audio subtitles’: read aloud of subtitles in the national language when the audio speech is in a different language.
Amendment 384 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c e (new)
Article 1 – paragraph 1 – point 1 – point c e (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point b e (new)
Article 1 – paragraph 1 – point b e (new)
(ce) The following point is inserted: (be) Sign language interpretation: simultaneous translation of both speech and non-speech audio information needed to understand the programme, provided in the national sign language.
Amendment 470 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) manifestly, seriously and gravely infringes Articles 6, 7 or 12, or both;
Amendment 521 #
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, 7, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a, provided that such rules are in compliance with Union law.;
Amendment 564 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d a (new)
Article 1 – paragraph 1 – point 5 – point d a (new)
Directive 2010/13/EU
Article 4 – paragraph 8
Article 4 – paragraph 8
(da) In Article 4, paragraph 8 is amended as follows: 8. Directive 2000/31/EC shall apply unless otherwise provided for in this Directive. In the event of a conflict between a provision of Directive 2000/31/EC and a provision of this Directive, the provisions of this Directive 2000/31/EC shall prevail, unless otherwise provided for in this Directive. (The amendment seeks to amend a provision within the existing act - Article 4, paragraph 8 - Or. en that was not referred to in the Commission proposal.)
Amendment 602 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted; replaced by the following: ‘Article 7 1. The audiovisual media service providers shall ensure that their services are gradually made accessible to persons with disabilities. Five years after the entry into force of this Directive, audiovisual media service providers shall provide: (i) At least 75 % of the overall programming with subtitles for the deaf and hard of hearing; (ii) At least 75 % of the overall programming subtitled into the national language shall include spoken subtitles; (iii) At least 15 % of the overall programming with audio description and spoken subtitles; (iv) At least 5 % of the overall programming with sign language interpretation; 2. Every following year the audiovisual media service providers shall increase the provision of access services as follows: (i) 5 % more of the overall programming with subtitles for the deaf and hard of hearing; (ii) 5 % more of the overall programming subtitled into the national language with spoken subtitles; (iii) 2 % more of the overall programming with audio description; (iv) 2 % more of the overall programming with sign language interpretation. 3. The audiovisual media service providers achieving an average audience share of all households over a 12 month period of less than 1% shall be exempted from paragraphs 1 and 2. 4. The access services shall be provided for different types of programmes, including those for children, and at different times during the day, without concentrating the accessible content in the least common time slots for the general audience. Member States shall encourage audiovisual media service providers to consult users organisations, including organisations representing of persons with disabilities, to prioritise the programmes to be made accessible. 5. The audiovisual media service providers should promote, through their content acquisition, programming and editorial policies, the delivery of access services as part of content producers' packages. 6. The audiovisual media service providers shall make their websites, online applications and mobile-based services, including mobile apps, used for the provision of the service accessible in a consistent and adequate way for users' perception, operation and understanding, and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level. The programmes provided through these means shall only comply with paragraphs 1 and 2. 7. Where a programme includes access services, these shall be clearly indicated in the programme information, as well as in the electronic programming guide. 8. The audiovisual media service providers shall ensure that the electronic programming guides are accessible for persons with disabilities. 9. The audiovisual media service providers shall provide accessible information about their services and, in particular, shall list and explain how to use the accessibility features of the services, including the complementarities with assistive technologies and other access services provided by a third party. 10. In consultation with users' organisations, including organisations representing persons with disabilities, the audiovisual media service providers shall ensure the quality of the access services by adopting self- and co-regulation measures resulting in codes of conduct or quality standards. These should tackle quality requirements for: (i) subtitles for the deaf and hard of hearing that are well synchronised with the video, readable, accurate and comprehensible in order to effectively reflect the audio information. This includes setting up quality specifications covering at least the font type, font size, contrast and use of colours as well as, where possible, the necessary requirements to ensure users' control over the subtitles for the deaf and hard of hearing; (ii) audio description and spoken subtitles that are well synchronized with the video. This includes setting up quality specifications related to audio placement and clarity of the audio description and spoken subtitles, as well as the necessary requirements to ensure users' control over them; (iii) sign language interpretation that is accurate and comprehensible in order to effectively reflect the audio information. This includes setting up professional requirements for the interpreters and quality specifications for the way the signing is provided. Where possible, requirements to ensure users' control over the signing provision shall be adopted. 12. User-generated content is excluded from the requirements laid down in this Article. 13. The audiovisual service providers should facilitate and encourage the provision of access services in commercial communications, but these must not deemed accountable for the purpose of paragraphs 1 and 2. 14. Emergency information, including public communications and announcements in natural disaster situations, made available to the public through audiovisual media services shall be provided in an accessible manner for persons with disabilities, including with subtitles for the deaf and hard of hearing, sign language interpretation and audio message and audio description for any visual information.’;
Amendment 651 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a (new)
Article 1 – paragraph 1 – point 11 – point -a (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(-a) In paragraph 1, point e is replaced by the following: (e) audiovisual commercial communications for alcoholic or high caffeine content beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages;
Amendment 730 #
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 ensumay require 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 works.
Amendment 737 #
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 757 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2010/13/EU
Article 14 – paragraph 1
Article 14 – paragraph 1
(15a) In Article 14, paragraph 1 is replaced by the following: 1. Each Member State may take measures in accordance with Union law to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events which are regarded by that Member State as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such events by live coverage or deferred coverage on free television. Member States shall also require broadcasters under its jurisdiction to broadcast these events of major importance for society in an accessible way for those with functional limitations, including persons with disabilities. If it does so, the Member State concerned shall draw up a list of designated events, national or non-national, which it considers to be of major importance for society. It shall do so in a clear and transparent manner in due time. In so doing the Member State concerned shall also determine whether these events should be available by whole or partial live coverage or, where necessary or appropriate for objective reasons in the public interest, whole or partial deferred coverage.
Amendment 787 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2010/13/EU
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
(16a) In Article 22 (1), the introductory part, is replaced by the following: Television advertising and teleshopping for alcoholic and high caffeine content beverages shall comply with the following criteria: (The amendment seeks to amend a provision within the existing act - Article 22, paragraph 1,Or. en introductory part- that was not referred to in the Commission proposal.)
Amendment 788 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Directive 2010/13/EU
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(16b) In Article 22 (1), point b, is replaced by the following: (b) it shall not link the consumption of alcohol or high caffeine content to enhanced physical performance or to driving; (The amendment seeks to amend a provision within the existing act - Article 22, paragraph 1,Or. en point b - that was not referred to in the Commission proposal.)
Amendment 789 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 c (new)
Article 1 – paragraph 1 – point 16 c (new)
Directive 2010/13/EU
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(16c) In Article 22 (1), point c, is replaced by the following: (c) it shall not create the impression that the consumption of alcohol or high caffeine content contributes towards social or sexual success; (The amendment seeks to amend a provision within the existing act - Article 22, paragraph 1,Or. en point c - that was not referred to in the Commission proposal.)
Amendment 790 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 d (new)
Article 1 – paragraph 1 – point 16 d (new)
Directive 2010/13/EU
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
(16d) In Article 22 (1), point d, is replaced by the following: (d) it shall not claim that alcohol or high caffeine content has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts; (The amendment seeks to amend a provision within the existing act - Article 22, paragraph 1,Or. en point d - that was not referred to in the Commission proposal.)
Amendment 791 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 e (new)
Article 1 – paragraph 1 – point 16 e (new)
Directive 2010/13/EU
Article 22 – paragraph 1 – point e
Article 22 – paragraph 1 – point e
(16e) In Article 22 (1), point e, is replaced by the following: (e) it shall not encourage immoderate consumption of alcohol or high caffeine content or present abstinence or moderation in a negative light; (The amendment seeks to amend a provision within the existing act - Article 22, paragraph 1,Or. en point e - that was not referred to in the Commission proposal.)
Amendment 792 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 f (new)
Article 1 – paragraph 1 – point 16 f (new)
Directive 2010/13/EU
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
Amendment 801 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 712:00 and 23:00 shall not exceed 20 % on an hourly basis.
Amendment 860 #
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 – point b
Article 28 a – paragraph 1 – point b
(b) protect all citizens from content containing 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 origiupon obtaining actual knowledge or awareness of the illegality of the content, act expeditiously to remove or disable access to that information.
Amendment 883 #
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 – introductory part
Article 28 a – paragraph 2 – subparagraph 2 – introductory part
Those measures shallmay consist of, as appropriate:
Amendment 889 #
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 in the terms and conditions of the video-sharing platform providers the concepts of incitement to violence or hatred as referred to in point (b) of paragraph 1, of illegal content, and of content which may impair the physical, mental or moral development of minors, in accordance with Articles 6 and 12 respectively;
Amendment 896 #
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 c
Article 28 a – paragraph 2 – subparagraph 2 – point c
(c) establishing and operating age verification systems for users of video- sharing platforms with respect to known content which may impair the physical, mental or moral development of minors;
Amendment 903 #
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
Amendment 921 #
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 shall establish the necessary mechanisms to assess transparency, necessity, proportionality and the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providers. Member States shall entrust this task to the authorities designated in accordance with Article 30.
Amendment 929 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 5
Article 28 a – 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 937 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 6
Article 28 a – paragraph 6
6. Member States shall ensure that effective complaint and redress mechanisms are available for the settlement of disputes between users and video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
Amendment 942 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 7
Article 28 a – paragraph 7
7. The Commission and ERGA shall encourage video-sharing platform providers to exchange best practices on co- regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of voluntary Union codes of conduct.
Amendment 948 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 8
Article 28 a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft voluntary Union codes of conduct and amendments to existing voluntary Union codes of conduct. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission may give appropriate publicity to those codes of conduct.