54 Amendments of Lynn BOYLAN related to 2016/0151(COD)
Amendment 23 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62 and 62168 thereof,
Amendment 29 #
Proposal for a directive
Recital 7
Recital 7
(7) In its Communication to the European Parliament and to the Council on Better Regulation for Better Results – an EU Agenda31, the Commission stressed that when considering policy solutions, it will consider both regulatory and well- designed non-regulatory means, modelled on the Community of practice and the Principles for Better Self- and Co- regulation32. A number of codes set up in the areas coordinated by the Directive have proved to be well designed, in line with the Principles for Better Self- and Co- regulation, which may constitute a useful ancillary or complementary means for legislative action. The existence of a legislative backstop has been considered an important success factor in promoting compliance with a self- or co-regulatory code. It is equally important that the codes establish specific targets and objectives allowing for the regular, transparent and independent monitoring and evaluation of the objectives aimed by the codes. Graduated sanctions which maintain an element of proportionality are usually considered to be an effective approach in enforcing a scheme. These principles should be followed by the self- and co- regulatory codes adopted in the areas coordinated by this Directive. _________________ 31 COM(2015) 215 final. COM(2015) 215 final. 32 https://ec.europa.eu/digital-single- market/communities/better-self-and-co- regulation
Amendment 32 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including parents and vulnerable groups such as 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 of vulnerable groups such as minors. 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 38 #
(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 vulnerable groups such as children. Member States should be encouraged to ensure that self-regulation and co-regulatory codes of conduct are used to effectively preducevent the exposure of vulnerable groups such as 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.
Amendment 45 #
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, Member States should be encouraged to ensure that self-regulation and co- regulatory codes of conduct are used to effectively limit the exposure of childrprevent and minors to audiovisual commercial communications for alcoholic beverages. 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, in particular those aiming at ensuring that responsible drinking messages accompanylimit the exposure of vulnerable groups such as children and minors to audiovisual commercial communications for alcoholic beverages.
Amendment 49 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to remove barriers to the free circulation of cross-border services within the Union, it is necessary to ensure the effectiveness of self- and co-regulatory measures aiming, in particular, at protecting consumers or public health. When well enforced and monitored, codes of conduct at Union level might be a good means of ensuring a more coherent and effective approach.
Amendment 53 #
Proposal for a directive
Recital 13
Recital 13
Amendment 55 #
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 directly encouraging 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 56 #
Proposal for a directive
Recital 15
Recital 15
Amendment 59 #
(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. In particular, ein general not be admissible. 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 audience. 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 65 #
Proposal for a directive
Recital 17
Recital 17
(17) The rule that a product should not be given undue prominence has proved difficult to apply in practice. It also restricts the take-up of product placement which, by definiProduct placement should continue to be banned in general. Where any derogation, involves some level of prominent exposure to be able to generate value. Ts provided for in law, the requirements for programmes containing product placement should thus focus on clearly informing the viewers of the existence of product placement and on ensuring that the audiovisual media service provider’s editorial independence is not affected.
Amendment 69 #
Proposal for a directive
Recital 19
Recital 19
Amendment 74 #
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with audiovisual media services such as video- sharing platforms, on which users - particularly vulnerable groups such as 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.
Amendment 78 #
Proposal for a directive
Recital 27
Recital 27
(27) As regards commercial communications on audiovisual media services providers such as video-sharing platforms, they are already regulated by Directive 2005/29/EC of the European Parliament and of the Council, which prohibits unfair business-to-consumer commercial practices, including misleading and aggressive practices occurring in information society services. As regards commercial communications concerning tobacco and related products in video- sharing platforms, the existing prohibitions provided for in Directive 2003/33/EC of the European Parliament and of the Council, as well as the prohibitions applicable to communications concerning e-cigarettes and refill containers pursuant to Directive 2014/40/EU of the European Parliament and of the Council, ensure that consumers are sufficiently protected. The measures set out in this Directive therefore complement those set out in Directives 2005/29/EC, 2003/33/EC and 2014/40/EU.
Amendment 80 #
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 vulnerable groups such as 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 82 #
Proposal for a directive
Recital 29
Recital 29
Amendment 83 #
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve the audiovisual media services providers such as 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 audiovisual media services providers such as video-sharing platform providers to take stricter measures to protect vulnerable groups such as 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 audiovisual media services providers such as 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 85 #
Proposal for a directive
Recital 31
Recital 31
(31) When taking the appropriate measures to protect vulnerable groups such as minors from harmful 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 right of the person belonging to a vulnerable group such as a child.
Amendment 89 #
Proposal for a directive
Recital 32
Recital 32
(32) The audiovisual media service providers such as video-sharing platform providers covered by this Directive provide information society services within the meaning of point (a) of Article 2 of Directive 2000/31/EC. Those providers are consequently subject to the rules on the internal market set out in Article 3 of that Directive, if they are established in a Member State. It is appropriate to ensure that the same rules apply to audiovisual media services providers such as video- sharing platform providers which are not established in a Member State with a view to safeguarding the effectiveness of the measures to protect vulnerable groups such as minors and citizens set out in this Directive and ensuring a level playing field in as much as possible, in as far as those providers have either a parent company or a subsidiary which is established in a Member State or where those providers are part of a group and another entity of that group is established in a Member State. To that effect, arrangements should be made to determine in which Member State those providers should be deemed to have been established. The Commission should be informed of the providers under each Member State’s jurisdiction in application of the rules on establishment set out in this Directive and in Directive 2000/31/EC.
Amendment 91 #
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 vulnerable groups such as minors and hate speech as well as audiovisual commercial communications for foods high in fat, salt/sodium and sugars.
Amendment 93 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point a b (new)
Article 1 – paragraph 1 – point a b (new)
Amendment 96 #
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-introduce regulation and selfencourage co-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 codes shall be such that they are broadly accepted by the main stakeholders in the Member States concerned. The codes of conduct 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.
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2010/13/EU
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
(8a) In Article 6, the following paragraph is added: ‘Member States shall require broadcasters under their jurisdiction to broadcast events of major importance for society in an accessible way for people with functional limitations, including persons with disabilities.’
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6a – paragraph 1
Article 6a – paragraph 1
1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, mental or moral development of vulnerable groups such as minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.
Amendment 106 #
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 ensure that audiovisual media service providers shall gradually make their services accessible to persons with disabilities. After the entry into force of this Directive, Member States shall ensure that audiovisual media service providers provide access to subtitles for the deaf and hard of hearing (SDH), audio description, spoken subtitles or audio subtitles, sign language interpretation. 2. The accessible services shall be provided for different types of programmes, including those for children, and at different times during the day, without concentrating accessible content in the least common time slots for the general audience. Member States shall encourage audiovisual media service providers to consult users organisations, including organisations representing persons with disabilities, to regards prioritising the programmes to be made accessible. 3. Member States shall ensure that the audiovisual media service providers 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 in order to enable 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. 4. Member States shall ensure that 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. 5. Emergency information, including public communications and announcements in natural disaster situations, which is 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 113 #
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
Amendment 120 #
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
Article 9 – paragraph 2
2. Commercial communication for 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, saturated fat, trans-fatty acids, salt or sodium and sugars shall be prohibited during peak viewing times for children to be defined at national level but at least until 2100. To identify such foods, the WHO Regional Office for Europe’s nutrient profile model applies.
Amendment 122 #
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
Amendment 126 #
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 3
Article 9 – paragraph 2 – subparagraph 3
The Commission and ERGA shall encourage the exchange of best practices on self- and co-regulatory systems across the Union. Where appropriate, the Commission shall facilitate the development of Union codes of conduct.
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2010–13/EU
Article 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
(aa) in paragraph 1, the following point is inserted: “(ea) commercial communication for alcoholic beverages shall be prohibited during children’s peak viewing times, which shall be defined at national level, but at least until 21:00;”
Amendment 137 #
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 conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages. Those codes should be used to effectively limit the exposure of vulnerable groups such as minors to audiovisual commercial communications for alcoholic beverages.
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2010/13/EU
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(11a) in Article 9(1), point (e) is deleted.
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2010/13/EU
Article 10 – paragraph 2
Article 10 – paragraph 2
(12a) In Article 10, paragraph 2 is replaced by the following: “Audiovisual media services or programmes shall not be sponsored by undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products.” , alcoholic beverages, and food and non-alcoholic beverages high in fat, saturated fat, trans fatty acids, salt or sodium and sugars. To identify such foods, the WHO Regional Office for Europe’s nutrient profile model applies.”
Amendment 150 #
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
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – points b a and b b and subparagraph 1 a (new)
Article 11 – paragraph 4 – points b a and b b and subparagraph 1 a (new)
(ba) alcoholic beverages; (bb) foods and non-alcoholic beverages high in fat, saturated fat, trans-fatty acids, salt or sodium and sugars. To identify foods referred to in point (bb), the WHO Regional Office for Europe’s nutrient profile model shall apply.
Amendment 170 #
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
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – introductory part
Article 28a – paragraph 1 – introductory part
1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure that audiovisual media service providers such as video-sharing platform providers take appropriate measures to:
Amendment 176 #
(a) protect vulnerable groups such as minors from content which may impair their physical, mental or moral development;
Amendment 180 #
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 audiovisual media service providers such as video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest.
Amendment 181 #
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 – point a
Article 28a – paragraph 2 – subparagraph 2 – point a
(a) defining and applying in the terms and conditions of the audiovisual media service providers such as 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, mental or moral development of vulnerable groups such as minors, in accordance with Articles 6 and 12 respectively;
Amendment 182 #
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 – point c
Article 28a – paragraph 2 – subparagraph 2 – point c
(c) establishing and operating age verification systems for users of audiovisual media services such as video- sharing platforms with respect to content which may impair the physical, mental or moral development of minors;
Amendment 183 #
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 – point d
Article 28a – paragraph 2 – subparagraph 2 – point d
(d) establishing and operating systems allowing users of audiovisual media services such as video-sharing platforms to rate the content referred to in paragraph 1;
Amendment 184 #
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 – point e
Article 28a – paragraph 2 – subparagraph 2 – point e
(e) providing for parental control systems with respect to content which may impair the physical, mental or moral development of vulnerable groups such as minors;
Amendment 185 #
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 – point f
Article 28a – paragraph 2 – subparagraph 2 – point f
(f) establishing and operating systems through which providers of audiovisual media services such as video-sharing platforms explain to users of video-sharing platformsuch services what effect has been given to the reporting and flagging referred to in point (b).
Amendment 186 #
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 appropriateness of the measures referred to in paragraphs 2 and 3 taken by audiovisual media service providers such as video- sharing platform providers. Member States shall entrust this task to the authorities designated in accordance with Article 30.
Amendment 187 #
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 audiovisual media service providers such as 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 188 #
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 available for the settlement of disputes between users and audiovisual media service providers such as video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
Amendment 189 #
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 audiovisual media service providers such as 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 190 #
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. VAudiovisual media services providers such as 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 may give appropriate publicity to those codes of conduct.
Amendment 191 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28b – paragraph 1 – subparagraph 1
Article 28b – paragraph 1 – subparagraph 1
Member States shall ensure that audiovisual media services providers such as video- sharing platform providers which are not established on their territory, but which have either a parent company or a subsidiary that is established on their territory or which are part of a group and another entity of that group is established on their territory, are deemed to have been established on their territory for the purposes of Article 3(1) of Directive 2000/31/EEC.
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28b – paragraph 2
Article 28b – paragraph 2
2. Member States shall communicate to the Commission a list of the audiovisual media services providers such as video- sharing platform providers established on their territory and the criteria, set out in Article 3(1) of Directive 2000/31/EC and in paragraph 1, on which their jurisdiction is based. They shall update the list regularly. The Commission shall ensure that the competent independent regulatory authorities have access to this information.;
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 7 – subparagraph 1
Article 30 – paragraph 7 – subparagraph 1
Member States shall ensure that effective mechanisms exist at national level under which any user or provider of media services provider including audiovisual media or video-sharing platform provider who is affected by a decision of a national regulatory authority has the right of appeal against the decision to an appeal body. The appeal body shall be independent of the parties involved in the appeal.
Amendment 194 #
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 e
Article 30a – paragraph 3 – point e
(e) to give opinions, when requested by the Commission, on the issues envisaged in Articles 2(5b), 6a(3), 9(2), 9(4) and on any matter relating to audiovisual media services, in particular on the protection of vulnerable groups such as minors and incitement to hatred;.
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2010/13/EU
Article 33 – paragraph 2
Article 33 – paragraph 2
By [date – no later than fourthree years after adoption] at the latest, and every three years thereafter, the Commission shall submit to the European Parliament, to the Council and to the European Economic and Social Committee a report on the application of this Directive.