28 Amendments of Julia REDA related to 2016/0151(COD)
Amendment 56 #
Proposal for a directive
Recital 3
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.
Amendment 111 #
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 originThose providers should be required to take appropriate measures to protect minors from content that may impair their physical, mental or moral development to the extent that they have obtained actual knowledge of said content.
Amendment 116 #
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 117 #
Proposal for a directive
Recital 30
Recital 30
Amendment 119 #
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).
Amendment 139 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) Any self-and co-regulatory measure implemented at Member State level shall fully respect the obligations under the Charter of Fundamental Rights, including article 52 of the Charter.
Amendment 141 #
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 – introductory part
Article 1 – paragraph 1 – point aa – introductory part
(aa) 'video-sharing platform service' means a service, as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, which meets all the following requirements:
Amendment 144 #
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 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e a (new)
Article 1 – paragraph 1 – point 1 – point e a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point d b (new)
Article 1 – paragraph 1 – point d b (new)
(ea) The following point is inserted '(db) '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 inter alia, subtitles, audio description, spoken or audio subtitles and sign language interpretation
Amendment 152 #
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 162 #
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 184 #
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 as a first step: (i) At least 75 % of the overall programming with subtitles for the deaf and hard of hearing (SDH) (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 SDH (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% can 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. Audiovisual media service providers should 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 SDH; (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. 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. 13. 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 SDH, sign language interpretation and audio message and audio description for any visual information.'
Amendment 224 #
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% sharwhere practicable and appropriate the prominence of European works in their catalogue and ensure prominence of these works.
Amendment 271 #
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 286 #
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 288 #
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
Amendment 292 #
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 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 and 2 stored on its platform;
Amendment 294 #
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
Amendment 296 #
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 a (new)
Article 28a – paragraph 2 – point c a (new)
Amendment 297 #
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 d
Article 28a – paragraph 2 – point d
Amendment 308 #
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 the transparency, necessity, proportionality and 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 313 #
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 315 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
6. Member States shall ensure that effective complaint and redress mechanisms are available for the settlement of disputes, including counter- notice procedure, between users and video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
Amendment 318 #
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 Union codes of conduct.
Amendment 320 #
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
Amendment 330 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall ensure that national regulatory authorities have adequate enforcement powers and resources to carry out their functions effectively.
Amendment 331 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. Member States shall ensure that national regulatory bodies and authorities designate a single and publicly available point-of-contact for information and complaints about the accessibility issues referred to in article 7
Amendment 333 #
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 d
Article 30a – paragraph 3 – point d
(d) to cooperate and provide its members with the information necessary for the application of this Directive, in particular as regards Articles 3, 4 and 47 thereof;