BETA

40 Amendments of Miriam DALLI related to 2016/0151(COD)

Amendment 60 #
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 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.
2016/12/06
Committee: LIBE
Amendment 71 #
Proposal for a directive
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.
2016/12/06
Committee: LIBE
Amendment 76 #
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, without affecting media pluralism.
2016/12/06
Committee: LIBE
Amendment 78 #
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, 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".
2016/12/06
Committee: LIBE
Amendment 85 #
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 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.
2016/12/06
Committee: LIBE
Amendment 91 #
Proposal for a directive
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).
2016/12/06
Committee: LIBE
Amendment 97 #
Proposal for a directive
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.
2016/12/06
Committee: LIBE
Amendment 98 #
Draft legislative resolution
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,
2016/10/27
Committee: CULT
Amendment 99 #
Draft legislative resolution
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,
2016/10/27
Committee: CULT
Amendment 100 #
Proposal for a directive
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.
2016/12/06
Committee: LIBE
Amendment 102 #
Proposal for a directive
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.
2016/12/06
Committee: LIBE
Amendment 104 #
Proposal for a directive
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.
2016/12/06
Committee: LIBE
Amendment 105 #
Proposal for a directive
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.
2016/12/06
Committee: LIBE
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d
Directive 2010/13/EU
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;
2016/12/06
Committee: LIBE
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article 1 a (new)
(2a) The following article is inserted: 'Article 1a 1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure that media service providers and video-sharing platform providers under their jurisdiction take appropriate measures to: (a) protect all citizens from programmes and user-generated videos containing 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, descent or national origin; (b) protect minors from programmes or user-generated videos which may impair their physical, mental or moral development. The most harmful content, such as gratuitous violence or pornography, shall not be included in television broadcasts by broadcasters and, in the case of on demand media services, shall be subject to the strictest measures, such as encryption and effective parental controls. Such measures shall include selecting the time of their availability, age verification tools or other technical measures, including parental control tools by default. Such content shall in any case only be made available in such a way as to ensure that minors will not normally hear or see it. 2. What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, shall be proportionate to the potential 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 providers and the users having created and/or uploaded the content as well as the public interest and respect communicative freedoms. Providers shall provide sufficient information to viewers about such content, preferably using a system of descriptors indicating the nature of the content. 3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2, Member States shall encourage co-regulation as provided for in Article -2f(3) and (4). Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraph 2 of this Article. Member States shall entrust this task to the bodies designated in accordance with Article 29. When adopting such measures the Member States shall respect the conditions set by applicable Union law, in particular Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU. 4. Member States shall ensure that complaint and redress mechanisms are available for the settlement of disputes between recipients of a service and media service providers or video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.'
2016/12/06
Committee: LIBE
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
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.
2016/12/06
Committee: LIBE
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
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;
2016/12/06
Committee: LIBE
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
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.
2016/12/06
Committee: LIBE
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
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.
2016/12/06
Committee: LIBE
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
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.
2016/12/06
Committee: LIBE
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
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.
2016/12/06
Committee: LIBE
Amendment 131 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
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.
2016/12/06
Committee: LIBE
Amendment 137 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point a
(a) protect all minors from content which may impair their physical, mental or moral development;
2016/12/06
Committee: LIBE
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point a
(a) protect minors from content which may impair their physical, or mental or moral development;
2016/12/06
Committee: LIBE
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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;
2016/12/06
Committee: LIBE
Amendment 141 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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.
2016/12/06
Committee: LIBE
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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;
2016/12/06
Committee: LIBE
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b b (new)
(bb) protect all citizens from content which may impair their physical or mental development.
2016/12/06
Committee: LIBE
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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;
2016/12/06
Committee: LIBE
Amendment 151 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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;
2016/12/06
Committee: LIBE
Amendment 153 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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;
2016/12/06
Committee: LIBE
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;
2016/12/06
Committee: LIBE
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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;
2016/12/06
Committee: LIBE
Amendment 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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).
2016/12/06
Committee: LIBE
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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.
2016/12/06
Committee: LIBE
Amendment 162 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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.
2016/12/06
Committee: LIBE
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
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.
2016/12/06
Committee: LIBE
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
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;
2016/12/06
Committee: LIBE
Amendment 410 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article –2 (new)
(2a) The following article is inserted: 'Article -2 1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure that media service providers and video-sharing platform providers under their jurisdiction take appropriate measures to: (a) protect all citizens from programmes and user-generated videos containing 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, descent or national origin; (b) protect minors from programmes or user-generated videos which may impair their physical, mental or moral development. The most harmful content, such as gratuitous violence or pornography, shall not be included in television broadcasts by broadcasters and, in the case of on demand media services, shall be subject to the strictest measures, such as encryption and effective parental controls. Such measures shall include selecting the time of their availability, age verification tools or other technical measures, including parental control tools by default. Such content shall in any case only be made available in such a way as to ensure that minors will not normally hear or see it. 2. What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, shall be proportionate to the potential 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 providers and the users having created and/or uploaded the content as well as the public interest and respect communicative freedoms. Providers shall provide sufficient information to viewers about such content, preferably using a system of descriptors indicating the nature of the content. 3. For the purposes of the implementation of the measures referred to in paragraphs 1 and 2, Member States shall encourage co-regulation as provided for in Article -2f(3) and (4). Member States shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraph 2 of this Article. Member States shall entrust this task to the bodies designated in accordance with Article 29. When adopting such measures the Member States shall respect the conditions set by applicable Union law, in particular Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU. 4. Member States shall ensure that complaint and redress mechanisms are available for the settlement of disputes between recipients of a service and media service providers or video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.'
2016/10/27
Committee: CULT
Amendment 416 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point 2
Directive 2010/13/EU
Chapter II – Article –2 a (new)
(2) The following article is inserted: ‘Article -2a 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, in particular shall not expose minors to aggressive, misleading and intrusive advertising; (c) audiovisual commercial communications shall not: (i) prejudice respect for human dignity; (ii) encourage behaviour prejudicial to health or safety, in particular for children as regards foods and beverages that are high in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelines; (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. 2. Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduct regarding inappropriate audiovisual commercial communications and facilitate exchange of best practices across the Union’
2016/10/27
Committee: CULT