27 Amendments of Jana ŽITŇANSKÁ related to 2016/0151(COD)
Amendment 63 #
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
Amendment 98 #
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the study on "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016,
Amendment 99 #
Draft legislative resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the study "Analysis of the implementation of the provisions contained in the AVMSD concerning the protection of minors", published by the European Audiovisual Observatory in November 2015,
Amendment 113 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) On-demand audiovisual media services compete for the same audience as television broadcasts. The nature and means of access to those on-demand audiovisual media services would therefore lead the user reasonably to expect regulatory protection within the scope of Directive 2010/13/EU. In light of this fact, and in order to prevent disparities with regard to free movement and competition, the concept of "programme" should be interpreted in a dynamic way, taking into account developments in the provision of the content of audiovisual media services that are directed at a significant audience and considered mass media.
Amendment 144 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Recommendation No 2006/952/EC recommends, as a positive measure in favour of minors, establishing common standards through cooperation between the regulatory, self-regulatory and co- regulatory bodies of the Member States, and through the exchange of best practices concerning such issues as a system of common descriptive symbols (pictograms) or warning messages indicating the age category and/or aspects of the content (so-called ‘descriptors’).
Amendment 163 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Ensuring the accessibility of audiovisual content to people with visual or hearing impairments is an essential requirement in the context of the implementation of the UN Convention on the rights of persons with disabilities.
Amendment 173 #
Proposal for a directive
Recital 13
Recital 13
(13) The market for TV broadcasting has evolved and that there is a need for more flexibilgreater clarity 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.
Amendment 177 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Independent audience measurement for audiovisual media services, including commercial communications, is needed to ensure adequate and transparent information to audiovisual media service providers and national regulatory authorities.
Amendment 201 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
Amendment 203 #
Proposal for a directive
Recital 18 b (new)
Recital 18 b (new)
(18b) Individual and household debt in the Member States has reached alarmingly high levels, and this situation must not be allowed to escalate further through the practice of highlighting the advantages of quick loans using audiovisual commercial programmes without providing clear guidance on the possible negative financial consequences of using such loans.
Amendment 216 #
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 when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished between 7:00 and 20:00, while a daily limit of 20% of advertising within the period from 7:00 to 230:00 should be introduced. With a view to protecting consumers from an excessive amount of advertising during prime time, the original limit per hour should continue to apply between 20:00 and 23:00. This means that advertising should represent, at most, 20% of each hour within the aforementioned time period.
Amendment 245 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) A code should be established at EU level setting out rules for the recognition and measurement of European works in order to ensure the clear and uniform application of the Directive’s provisions as regards support for the production and distribution of European works.
Amendment 335 #
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 Act36a aims to enshrine 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. __________________ 36a COM(2015)615 final.
Amendment 336 #
Proposal for a directive
Recital 38 b (new)
Recital 38 b (new)
Amendment 344 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) With a view to ensuring a high level of audiovisual content as well as a sensitive approach to people in exceptional and difficult life situations, such as the victims of accidents, crime, military conflicts or their relatives, media service providers should take care to respect and protect human dignity when creating news and current affairs content.
Amendment 395 #
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 g a (new)
Article 1 – paragraph 1 – point g a (new)
(ea) The following point is inserted: (ga) 'access service' means, but is not limited to, an add-on feature of an audiovisual media service that improves the accessibility of a programme for people with functional limitations, including persons with disabilities. Access services include, but are not limited to: (i) subtitles for the deaf and hard of hearing: synchronized visual text alternative for both speech and non- speech audio information needed to understand the media content; (ii) audio description: additional audible narrative, interleaved with the dialogue, which describes the significant aspects of the visual content of the programme that cannot be understood from the main soundtrack alone; (iii) spoken subtitles or audio subtitles: read aloud of subtitles in the national language when the audio speech is in a different language; (iv) sign language interpretation: simultaneous translation of both speech and non-speech audio information needed to understand the programme, provided in the national sign language.´
Amendment 410 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article –2 (new)
Chapter II – Article –2 (new)
Amendment 416 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point 2
Article 1 – paragraph 1 – point 1 – point 2
Directive 2010/13/EU
Chapter II – Article –2 a (new)
Chapter II – Article –2 a (new)
Amendment 447 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 - paragraph 5 a
Article 2 - paragraph 5 a
5a. "5a. Member States shall communicate to the Commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based. They shall subsequently inform the Commission without undue delay of any changes to that list. The Commission shall ensure that the competent independent regulatory authorities have access to this informationose lists are publicly available.
Amendment 460 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2010/13/EU
Article 2 a (new)
Article 2 a (new)
Amendment 461 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Directive 2010/13/EU
Article 2 b (new)
Article 2 b (new)
(3b) The following article is inserted: ‘Article 2b 1. Member States shall ensure that audiovisual commercial communications provided by media service providers and video-sharing platform providers under their jurisdiction comply with the following requirements: (a) audiovisual commercial communications shall be readily recognisable as such. Surreptitious audiovisual commercial communication shall be prohibited; (b) audiovisual commercial communications shall not use subliminal techniques; (c) audiovisual commercial communications shall not: (i) prejudice respect for human dignity; (ii) encourage behaviour prejudicial to health or safety; (iii) encourage behaviour grossly prejudicial to the protection of the environment; (d) all forms of audiovisual commercial communications for cigarettes and other tobacco products shall be prohibited; (e) audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages; (f) audiovisual commercial communication for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the media service provider falls shall be prohibited; (g) audiovisual commercial communications shall not cause physical or moral detriment to minors. Therefore they shall not directly exhort minors to buy or hire a product or service by exploiting their inexperience or credulity, directly encourage them to persuade their parents or others to purchase the goods or services being advertised, exploit the special trust minors place in parents, teachers or other persons, or unreasonably show minors in dangerous situations. (h) audiovisual commercial communications shall not directly encourage the use of loans, thereby exploiting the inexperience or financial hardship of citizens. They shall not, particularly while failing to mention the precise terms and conditions of the loan, refer to the loan’s convenience, to rapid payment or to the immediate improvement of the customer’s financial situation without providing a comprehensible warning of the possible financial consequences of such a loan (interest, additional fees, penalties, etc.).’
Amendment 591 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a – paragraph 2
Article 6 a – paragraph 2
2. For the implementation of this Article, Member States shall encourage co-regulationMember States are encouraged to cooperate and exchange best practices in terms of creating a system of descriptors (including pictograms and other warnings) indicating the nature of the audiovisual content so as to guarantee an equal level of protection of minors from inappropriate audiovisual content.
Amendment 600 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
Amendment 614 #
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 Member States shall ensure that media service providers under their jurisdiction make their services accessible, pursuant to the UN Convention on the Rights of Persons with Disabilities, to people with a visual or hearing disability and shall aim for complete accessibility by the end of 2022’;
Amendment 615 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2010/13/EU
Article 7 a (new)
Article 7 a (new)
(10a) 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 618 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2010/13/EU
Article 8
Article 8
(10a) Article is replaced by the following: ‘Article 8 Member States shall ensure that media service providers under their jurisdiction do not transmit cinematographic works outside periods agaudiovisual commercial communications that are inappropriate for minors in the periods immediately preced with the rights holdersing and immediately following content intended for a children’s audience.’
Amendment 797 #
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 230:00 shall not exceed 20 %. The proportion of television advertising spots and teleshopping spots within the period between 20:00 and 23:00 shall still not exceed an hourly proportion of 20%.