14 Amendments of Stefano MAULLU related to 2016/0151(COD)
Amendment 174 #
Proposal for a directive
Recital 13
Recital 13
(13) The market for TV broadcastingaudiovisual services has evolved and that there is a need for more flexibility 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 175 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to ensure the effectiveness of this Directive, in particular as regards the editorial responsibility of media service providers, the integrity of programmes and services should be safeguarded. Third parties, other than recipients of a service, cannot enjoy the private copy copyright exception, should not modify programmes and services without the consent of the media service provider concerned.
Amendment 269 #
Proposal for a directive
Recital 28
Recital 28
(28) An important sharSome of the content stored on video-sharing platforms iscould be not under the editorial responsibility of the video- sharing platform provider. However, those providers typicallycould play an active role determineing the organisation of the content, namely programmes or third party's or user-generated videos, including by automatic means or algorithms. In addition, those providers can operate in the advertising market and extract value from the content as a result of the audience they create, including among minors. 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 origin.
Amendment 281 #
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 organisfact that platform providers optimise the presentation 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/or promote it in a way that facilitates the access from the general public including minors, those appropriate measures should not be limited to the organisation but should be extended to content as such. __________________ 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 288 #
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve 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, iIt should remain possible for Members 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 in accordance with Union law and communicative freedoms. __________________ 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 351 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2010/13/EU
Article 1 – paragraph 1 – point a – point i
Article 1 – paragraph 1 – point a – point i
(i) a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, which is undere the principal purpose of the service or a dissociable section thereof is devoted to providingeditorial responsibility of a media service provider and the principal purpose of which is the provision of programmes, under the editorial responsibility of a media service provider,including by automatic means or algorithms in order to inform, entertain or educate, to the general public by electronic communications networks within the meaning of point (a) of Article 2 of Directive 2002/21/EC. Such an audiovisual media service is either a television broadcast as defined in point (e) of this paragraph or an on-demand audiovisual media service as defined in point (g) of this paragraph;;
Amendment 360 #
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 a a – point i
Article 1 – paragraph 1 – point a a – point i
(i) the service consists of the storage of a large amount of programmes or user- generated videos, for which the video- sharing platform provider does not have editorial responsibility;
Amendment 367 #
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 a a – point ii
Article 1 – paragraph 1 – point a a – point ii
(ii) the organisation of the stored content is determined by the provider of the service with the aim of maximising viewers' access to content, including by automatic means or algorithms, in particular by hosting, displaying, tagging and sequencing;
Amendment 377 #
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 a a – point iii
Article 1 – paragraph 1 – point a a – point iii
(iii) the principal purpose of the service or a dissociable section thereof is devoted to providing programmes and user- generated videos to the general public, in order to inform, entertain or educate;
Amendment 414 #
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 425 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Article 1 – paragraph 1 – point 2 e (new)
Directive 2010/13/EU
Chapter II – Article –2 d (new)
Chapter II – Article –2 d (new)
(2e) The following article is inserted: 'Article -2d Member States shall ensure that media service providers and video-sharing platform providers under their jurisdiction do not transmit copyright protected works outside periods agreed with the rights holders.'
Amendment 665 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 b (new)
Article 1 – paragraph 1 – point 11 b (new)
Directive 2010/13/EU
Article 9 b (new)
Article 9 b (new)
(11b) The following article is inserted: 'Article 9b Member States shall ensure that third parties other than the recipient of a service and that cannot enjoy the copyright exception do not modify the programmes and services of media service providers concerned without their explicit consent.'
Amendment 732 #
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% share of European works in their catalogue and ensure prominence of these works.
Amendment 803 #
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 23:00 shall not exceed 20 %.