81 Amendments of Maria GRAPINI related to 2016/0151(COD)
Amendment 60 #
Proposal for a directive
Recital 9
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 sufficient information about content that may impair minors' physical, or 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.
Amendment 62 #
Proposal for a directive
Recital 8
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 and where applicable to member states, 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.
Amendment 63 #
Proposal for a directive
Recital 9
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 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. The different means of content descriptors should be clear enough to stipulate if the specific content may be of harm to minors.
Amendment 65 #
Proposal for a directive
Recital 10
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouraged to ensure that self-and co-regulatory codes of conduct are used to effectively reduceffectively ensure that the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines is reduced. Self-and co-regulation should contribute to this objective.
Amendment 71 #
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, Member States should be encouraged to ensure that self- and co- regulatory codes of conduction are used to effectively limitend the exposure of children and minors to audiovisual commercial communications for alcoholic beverageproducts. Certain co- regulatory or self-regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. Those systems should be further encouraged and member states allowed to take further steps in drafting national guidelines, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverageproducts.
Amendment 71 #
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 audience, as well as channels and audiovisual programmes for 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 audiencechannels and audiovisual programmes for 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 72 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Given the potential harm caused by alcohol on all individuals and society as a whole, Member States should encourage to limit the exposure of products containing alcohol. As the rules applicable to tobacco prohibits advertisement of such products due to their harmful effects, the same rules should be applied for alcoholic products.
Amendment 76 #
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 prominence, without affecting media pluralism.
Amendment 77 #
Proposal for a directive
Recital 14
Recital 14
(14) Sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person's name, trade mark, image, activities or products. As such, for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers, sponsorship announcements can contain promotional references to the goods or services of the sponsor, while not being allowed to directly encouraginge the purchase of the goods and services. Sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement. The content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider's editorial independence.
Amendment 78 #
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, harmfulillegal, harmful, racist and xenophobic 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. These rules should fully respect the freedom of expression, and could also create an EU common base for tackling "harmful content" and "incitement to violence and hatred".
Amendment 85 #
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, 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 groupgroup of persons defined by reference to sex, race, colour, relethnic or social origion, descent or national or ethnic origingenetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health.
Amendment 86 #
Proposal for a directive
Recital 19
Recital 19
(19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide, where practical and applicable, 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% of advertising within the period from 7:00 to 23:00 should be introduced.
Amendment 88 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to increase the flexibility for broadcaster while maintaining a high protection of consumers and viewers, specific time slots could be established where the admissible advertising are liberalised. By establishing certain time slots the consumer will be aware of the relevant rules regarding admissible advertising time and by so be able to make solid decisions. Having specific time slots in which the existing rules of 12 minutes per hour are not fixed the broadcasters are given more flexibility and could therefore adjust their advertisements more freely.
Amendment 91 #
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 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 92 #
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, if such measures do not affect the services provided to the consumer, by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominencewithout affecting the principle of media pluralism.
Amendment 95 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
Amendment 97 #
Proposal for a directive
Recital 31
Recital 31
(31) When taking the appropriatenecessary measures to protect minors from harmfulillegal, harmful, racist and xenophobic 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 rights of the child.
Amendment 100 #
Proposal for a directive
Recital 33
Recital 33
(33) Regulatory authorities of the Member States canshould achieve the requisite degree of structural independence only ifby being 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 thefull 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 be transparent and should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection and non- discrimination, the internal market and the promotion of fair competition.
Amendment 102 #
Proposal for a directive
Recital 35
Recital 35
(35) With a view to ensuring the consistent application of the Union audiovisual regulatory framework across all Member States, the Commission established ERGA by Commission Decision of 3 February 201436. ERGA's role is to advisect as an independent expert advisory group and assist the Commission in its work to ensure a consistent implementation of Directive 2010/13/EU in all Member States, and to facilitate cooperation among the national regulatory authorities, and between the national regulatory authorities and the Commission. _________________ 36 Commission Decision C(2014) 462 final of 3 February 2014 on establishing the European Regulators Group for Audiovisual Media Services.
Amendment 104 #
Proposal for a directive
Recital 36
Recital 36
(36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level independent 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.
Amendment 105 #
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 codes of conduct in the area of protection of minors, racism, xenophobia and hate speech as well as audiovisual commercial communications for foods high in fat, salt/sodium and sugars.
Amendment 108 #
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 in line with European and national legislation.
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d
Article 1 – paragraph 1 – point 1 – point d
Directive 2010/13/EU
Article 1 – paragraph 1 – point b a
Article 1 – paragraph 1 – point b a
(ba) 'user-generated video' means a set of moving images with or without sound constituting an individual item that is created and/or uploaded to a video-sharing platform by one or more users independent of and separate from the video-sharing platform;
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate and proportionate means that audiovisual media services provided by media service providers under their jurisdiction do not contain: (a) any incitement to violate human dignity and any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation.; (b) any incitement to commit terrorist acts or the glorification of such acts.
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a groupgroup of persons defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health;
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a – paragraph 1
Article 6 a – paragraph 1
1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, or mental or moral development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 126 #
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: Member States shall ensure that services provided by the audiovisual media service providers under their jurisdiction are made accessible to people with visual and/or hearing disabilities, including by using subtitles for the deaf and hard of hearing, sign language interpretation and audio message and audio description for any visual information. Member States should require that media service providers report on an annual basis on the accessibility of their services.
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audiencechannels and audiovisual programmes for children, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars.
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Product placement shall be admissible in all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children's audience, as well as channels and audiovisual programmes for children.
Amendment 131 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction, which may impair the physical, or mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme.
Amendment 137 #
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 a
Article 28 a – paragraph 1 – point a
(a) protect all minors from content which may impair their physical, mental or moral development;
Amendment 138 #
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 a
Article 28 a – paragraph 1 – point a
(a) protect minors from content which may impair their physical, or mental or moral development;
Amendment 140 #
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 origin.and audiovisual commercial communication violating human dignity and containing incitement to violence or hatred based on sex, nationality, racial or ethnic origin, religion or belief, disability, age or sexual orientation;
Amendment 141 #
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 origingroup of persons defined by race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health.
Amendment 146 #
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 a (new)
Article 28 a – paragraph 1 – point b a (new)
(ba) protect all citizens from content inciting to commit terrorists acts or the glorification of such acts;
Amendment 147 #
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 b (new)
Article 28 a – paragraph 1 – point b b (new)
(bb) protect all citizens from content which may impair their physical or mental development.
Amendment 149 #
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 involved in the pursuit of the audiovisual media service activity operatesa significant part of the workforce involved in the pursuit of the audiovisual media service activity operates. If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in each of those Member States, the media service provider shall be deemed to be established in the Member State where it has its head office. If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in neither of those Member States, the media service provider shall be deemed to be established in the Member State where it first began its activity in accordance with the law of that Member State, provided that it maintains a stable and effective link with the economy of that Member State;;
Amendment 149 #
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 specific video- sharing platform providers the concepts of 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 151 #
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 user- friendly 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 153 #
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 efficient age verification systems for users of video- sharing platforms with respect to content which may impair the physical, or mental or moral development of minors;
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
Amendment 155 #
(d) establishing and operating easy to use systems allowing users of video- sharing platforms to rate the content referred to in paragraph 1;
Amendment 157 #
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 e
Article 28 a – paragraph 2 – subparagraph 2 – point e
(e) providing for parental control systems with respect to content which may impair the physical, mental or morental development of minors;
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 3
Article 3 – paragraph 4 – subparagraph 3
Where the Member State concerned does not provide the information requested within the period fixed by the Commission or where it provides incomplete information, the Commission shall take a decision that the measures taken by the Member State in accordance with paragraph 2 are incompatible with Union law. If the Commission decides that the measures are incompatible with Union law, the Member State shall put an end to the measures in question as a matter of urgency and no longer than within two weeks.
Amendment 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
6. Member States may, if the service provided by a media service provider gravely infringes upon the conditions laid down by point (a), (b) and (c) in paragraph 2 in urgent cases, derogate from the conditions laid down in points (b) and (c) of paragraph 3. Where this is the case, the measures shall be notified in the shortest possible time to the Commission and to the Member State which has jurisdiction over the media service provider, setting out the reasons for which the Member State considers that there is such urgency that derogating from those conditions is necessary.
Amendment 159 #
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 Statesthe European Commission shall encourage co-regulation as provided for in Article 4(7).
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Without prejudice to the Member State’s possibility of proceeding with the measures referred to in paragraph 6, the Commission shall examine the compatibility of the notified measures with Union law in the shortest possible time. Where it comes to the conclusion that the measures are incompatible with Union law, the Commission shall require the Member State concerned to refrain from taking any intended measures or urgently to put an end to those measures within shortest possible time.
Amendment 160 #
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 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. The independent national regulatory authorities shall provide the necessary guidelines to ensure that the measures taken, respect freedom of expression, are based on prior judicial authorisation, and include the necessity to inform users.
Amendment 162 #
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. Member States shall not require video-sharing platform providers to conduct any stricter ex-ante control measure.
Amendment 165 #
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 4 – point c
Article 4 – paragraph 4 – point c
(c) the Commission has decided within 2 months, after having consulted ERGA, that the measures are compatible with Union law, in particular that assessments made by the Member State taking those measures under paragraphs 2 and 3 are correctly founded.
Amendment 166 #
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 transparently designate one or more independent national regulatory authorities. Member States and shall ensure that they are legally distinct and functionally independent of 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.
Amendment 168 #
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 32 months following the 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 32 months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 170 #
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
Member States shall encourage co- regulation and self-regulation through codes of conduct adopted at national level in the fields coordinated by this Directive to the extent permitted by their legal systems. Those codesteps shall be such that they are broadly accepted by the main stakeholders inacting under the jurisdiction of the Member States concerned. The codes of conductsteps laid down shall clearly and unambiguously set out their objectives. They shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at. They shall provide for effective enforcement, including when appropriate effective and proportionate sanctions within the Member State's jurisdiction.
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 – point a
Article 30 a – paragraph 3 – point a
(a) to advise and assist the Commission in its work to ensure a consistent and transparent implementation in all Member States of the regulatory framework for audiovisual media services;
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate and applicable means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.;
Amendment 187 #
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. Member States shall take measures to ensure that services provided by media service providers under their jurisdiction are made gradually accessible to people with a visual or hearing disability in line with their obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) . 2. Member States shall require an annual report from the media service providers under their jurisdiction on the process towards increased accessibility for their services. 3. The European Commission and ERGA shall promote the exchange of best practices within the field of accessibility between different Member States and media service providers.'
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduction regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audience, of foods and, beverages and other products containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars.
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Those codesteps should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and, beverages and other products that are high in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelines. Those codesteps should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and, beverages and other products.
Amendment 203 #
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 conduction regarding inappropriate audiovisual commercial communications for alcoholic beverageproducts. Those codesteps should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beveragproducts, for instance prohibiting commercial communications for alcoholic products during times when children are most likely to be exposed through audiovisual media services.
Amendment 211 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/13/EU
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) they shall not directly encourage the purchase or rental of goods or services;;
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) they shall not directly encourage the purchase or rental of goods or services;
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) specific medicinal products or medical treatments available only on prescription in the Member State under whose jurisdiction the media service provider falls or in the Member State targeted by the media service provider.;
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b a (new)
Article 11 – paragraph 4 – point b a (new)
(ba) alcoholic beverages and other alcoholic products or product placement from undertakings whose principal activity is the manufacture or sale of alcohol and other alcoholic products.
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls, together with the measures mentioned above.;
Amendment 230 #
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 thatould encourage providers of on-demand audiovisual media services under their jurisdiction secure at least a 20%to provide a share of European works in their catalogue and ensure prominence of these works, provided that this do not affect the consumer negatively by altering the service provided in a way which was not agreed upon by the consumer.
Amendment 236 #
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 rules.
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 230 minutes.;
Amendment 251 #
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 7:00 and 23:00a given clock hour shall not exceed 20 %.
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
1a. An exception could be made to the rules laid down in paragraph 1, if a Member State and media service providers under their jurisdiction establishes a framework where a certain number of hours constitute "prime time". During these hours the proportion of commercial communication should not exceed 20% but not be restricted to each specific clock hour.
Amendment 258 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1b (new)
Article 23 – paragraph 1b (new)
1b. During the hours mentioned above as "prime time", Member States should be able to take concrete measures against audiovisual commercial communications for alcoholic products in order to protect vulnerable viewers and minors in particular. Such measures could be to prohibit audiovisual commercial communications during hours defined as "prime time".
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c
Article 23 – paragraph 2 – point c
(c) product placements not in conflict with provisions laid down in Article 11, paragraph 4.;
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c a (new)
Article 23 – paragraph 2 – point c a (new)
(ca) public service announcements or charity appeals
Amendment 267 #
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, mental or moral development. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. These measures may include selecting the time of their availability, age verification tools or other technical measures;
Amendment 275 #
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 or belief, disability, descent or national or ethnic origin.
Amendment 276 #
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, disability, colour, religion, descent or national or ethnic origin.
Amendment 279 #
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 a (new)
Article 28 a – paragraph 1 – point b a (new)
(ba) ensure appropriate user access to platforms in a range of modes and facilitate the interoperability of different technologies at European and international level.
Amendment 284 #
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 most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls. Video-sharing platform providers shall give viewers sufficient information about such content, preferably using a system of descriptors indicating the nature of the content.
Amendment 291 #
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 b
Article 28a – paragraph 2 – point b
(b) establishing and operating easy to use 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 293 #
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 ba (new)
Article 28a – paragraph 2 – point ba (new)
(ba) the mechanism established according to point (b) shall be constituted by transparency and must inform the user of the video-sharing platform and publicly disclose the measures taken regarding the reported and/or flagged content.
Amendment 316 #
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 complaint and redress mechanisms are publicly disclosed and 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 324 #
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. 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.