13 Amendments of Kosma ZŁOTOWSKI related to 2016/0151(COD)
Amendment 31 #
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 on jurisdiction, in conjunction with national regulatory authorities, upon the Commission's request.
Amendment 55 #
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 children's programmes, with a significant children’s audiencehich should be understood as programmes that 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 audienceprogrammes. 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 58 #
Proposal for a directive
Recital 19
Recital 19
Amendment 66 #
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 sharrange of European works and that those are given enough prominence.
Amendment 69 #
Proposal for a directive
Recital 24
Recital 24
Amendment 74 #
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 it is demonstrated that 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 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 origin.
Amendment 75 #
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 this Directive should therefore apply without prejudice to Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34, which provides for an exemption from liability for illegal information stored by certain providers of information society services. When providing services covered by Article 14 of Directive 2000/31/EC, those requirements should also apply without prejudice to Article 15 of that Directive, which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers, without however concerning monitoring obligations in specific cases and, in particular, without affecting orders by national authorities in accordance with national legislation. __________________ 34Directive 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 99 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) The rights of persons with disabilities and of the elderly to participate in and be integrated into the social and cultural life of the Union is inextricably linked to the provision of accessible audiovisual media services. It is therefore important to ensure that accessibility is properly addressed in Directive 2010/13/EU, in line with the general principles of the United Nations Convention on the Rights of Persons with Disabilities. The horizontal Commission proposal for a European Accessibility Act1a aims at enshrining these principles in Union law by removing barriers to access created by divergent legislation. While this is a welcome development and is considered appropriate in respect of the consumer equipment necessary to access audiovisual media content, the unique nature and cultural specificity of audiovisual media content itself is such that the regulation of existing and future access services that enable access to such content should remain in Directive 2010/13/EU, which is sector-specific. __________________ 1a COM(2015)615 final.
Amendment 100 #
Proposal for a directive
Recital 38 b (new)
Recital 38 b (new)
(38b) The means to achieve accessibility should include, but not be limited to, access services such as sign language interpretation, subtitling for the deaf and hard of hearing, spoken subtitles, audio- description, and easily understandable menu navigation. Audiovisual media service providers should be transparent and proactive in improving such access services for persons with disabilities and for the elderly.
Amendment 126 #
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
Amendment 129 #
Proposal for a directive
Article 1 – point 10 a (new)
Article 1 – point 10 a (new)
Directive 2010/13/EU
Article 7 a (new)
Article 7 a (new)
(7a) The following article is inserted: "Article 7a 1. Member States shall take steps to develop codes of conduct applicable to media service providers under their jurisdiction intended to ensure that their services are made progressively more accessible to persons with visual and/or hearing disabilities. 2. Such codes of conduct may be a self- or co-regulatory measure. The Commission and ERGA shall facilitate the exchange of best practice between audiovisual media service providers. 3. Such codes of conduct shall include a requirement that media service providers report on an annual basis to Member States about the steps taken and progress made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Member States shall ensure that this information is made publically available. 4. Such codes of conduct shall encourage audiovisual media service providers to develop, and make publicly available, accessibility action plans made in respect of progressively making their services more accessible to persons with visual and/or hearing disabilities. Such action plans shall be communicated to national regulatory authorities.";
Amendment 143 #
Proposal for a directive
Article 1 – point 13
Article 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 163 #
Proposal for a directive
Article 1 – point 17
Article 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 %.