[ParlTrack]

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1) ~~and 62~~, Article 62 and Article 168 thereof,

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 3

(3) Directive 2010/13/EU should remain applicable only to those services 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. 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.deleted

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 4

(4) In order to ensure the effective implementation of this Directive, it is crucial for Member States to keep up-to- date records of the audiovisual media service providers and video-sharing platform providers under their jurisdiction and regularly share those records with their competent independent regulatory authorities ~~and the Commission~~. Those records should include information about the criteria on which jurisdiction is based.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
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 on jurisdiction upon the Commission's request.~~

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 8

(8) In order to ensure coherence and give certainty to businesses and Member States' authorities, the notion of "incitement to hatred" should, to the appropriate extent, be aligned to the definition in the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as "publicly inciting to violence or hatred". This should include aligning the grounds on which incitement to violence or hatred is based.Deleted

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 9

(9) In order to empower viewers, including parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide Member States with sufficient information about content that may impair minors' physical, mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 12

(12) I~~n order to remove barriers to the free circulation of cross-border services within the Union, i~~t is necessary to ensure the effectiveness of self- and co-regulatory measures aiming, in particular, at protecting consumers or public health. When well enforced and monitored, incentivising codes of conduct at Union level might be a good means of ensuring a more coherent and effective approach.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 13

(13) The market for TV broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications, in particular for quantitative rules for linear audiovisual media services, product placement and sponsorship. The emergence of new services, including without advertising, has led to a greater choice for viewers, who can easily switch to alternative offers.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 15

(15) The liberalisation of product placement has not brought about the expected take-up of this form of audiovisual commercial communication. In particular, the general prohibition of product placement with some exceptions has not created legal certainty for audiovisual media service providers. Product placement should thus be allowed in all audiovisual media services, subject to exceptionorder to safeguard editorial independence and the protection of consumers, in particular children, but also the elderly and persons with a disability, Member States should maintain the ban on product placement, in keeping with their national public policy priorities.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 16

(16) PWhat is more, it should be emphasised that product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes, cultural and educational programmes, family programmes, such as entertainment broadcasts, children’s programmes and programmes with a significant children’s audience. 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 children’s programmes and programmes with a significant children’s audience. 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.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 19

(19) ~~While t~~This Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00~~, i~~. It is important, for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20%reasons relating to public health and the safeguarding of the quality of audiovisual programmes and therefore the credibility with viewers of the services which provide such programmes, to maintain restrictions ofn advertising ~~within the period from 7:00 to 23:00 should be introduced~~, at the discretion of the Member States, in keeping with their public health and cultural policy objectives.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
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 prominence, in keeping with the national requirements laid down in the Member State in which their services are available.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 22

(22) In order to ensure adequate levels of investment on European works, Member States should be able, if necessary, 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. Notwithstanding any audiovisual content they may offer, online news publications should not be subject to the above- mentioned obligations, so as not to infringe the freedom of the press and the pluralism of the media; 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.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
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, very small, small and medium enterprises (VSEs/SMEs), and small and micro enterprises as defined in Commission Recommendation 2003/361/EC33. It could 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).

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
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.~~ rules on those matters which are proportionate but which guarantee, among other things, the absolute protection of the freedom of expression as defined by the Universal Declaration of Human Rights and the resolution of the UN Human Rights Council of 1 July 2016 on the promotion, protection and enjoyment of human rights on the Internet (A/HRC/32/L.20), and additionally defined by Article 11 of the Charter of Fundamental Rights of the European Union.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
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, with due respect for their editorial independence and for the principle of the freedom of expression as defined by the Universal Declaration of Human Rights and the resolution of the UN Human Rights Council of 1 July 2016 on the promotion, protection and enjoyment of human rights on the Internet (A/HRC/32/L.20), and additionally defined by Article 11 of the Charter of Fundamental Rights of the European Union, be required to take appropriate measures to protect minors from content that may impair their physical, mental or moral development and protect all ~~citizen~~nationals of Member States 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.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
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~~Furthermore, 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).

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 31

(31) When taking the appropriate measures to protect minors 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~~, the applicable fundamental rights, as defined by the written or unwritten constitutions of the Member States and additionally 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.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 32

(32) The video-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. 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 ~~citizen~~nationals of Member States 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 Member States and 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.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 33

(33) Regulatory authorities of the Member States can achieve the requisite degree of structural 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, mixed and private 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, and consumer protection~~, the internal market and the promotion of fair competition~~.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 36

(36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level advice to the Commission on implementation matters. ~~This calls for the formal recognition and reinforcement of its role in this Directive. The group should therefore be re-established by virtue of this Directive.~~

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 37

(37) The Member States and the Commission should be free to consult ERGA on any matter relating to audiovisual media services and video- sharing platforms. ERGA should assist the Member States and 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~~ Upon the request of the Member States and the Commission~~'s request~~, ERGA should provide opinions, including on jurisdiction and Union 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.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
Recital 39

(39) This Directive respects the fundamental rights and observes the principles recognised ~~in particular~~by the written and unwritten constitutions of the Member States and, additionally, by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for 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 UN Convention on the Rights of the Child, in the written and unwritten constitutions of the Member States, and additionally in the Charter of Fundamental Rights of the European Union.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET

Proposal for a directive
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 Member States of 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~~might, to the best extent possible, and without prejudice to copyright rules, be made available ~~cross- border in~~in the various Member States of the EU.

2016/10/27
Committee: CULT

Dominique BILDE, Marie-Christine BOUTONNET