BETA

8 Amendments of Gérard DEPREZ related to 2016/0151(COD)

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 114 #
Proposal for a directive
Recital 3 a (new)
(3a) The criteria used to determine which Member State has jurisdiction over an audiovisual media service should include a reference to the Member State in which the editorial decisions concerning the audiovisual media service in question are taken. Editorial decisions are decisions taken on a day-to-day basis, in particular by programme directors and editors-in-chief, in the context of an approved programme schedule. The place in which editorial decisions are taken is the normal place of work of the persons who take them.
2016/10/27
Committee: CULT
Amendment 120 #
Proposal for a directive
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 2, 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 upon the Commission's request.
2016/10/27
Committee: CULT
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 455 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 – paragraph 5 b
5b. Where, in applying Articles 2, 3 and 4 of this Directive, the Member States concerned do not agree on which Member State has jurisdiction, they shall bring the matter to the Commission's attention without undue delay. The Commission may request the European Regulators Group for Audiovisual Media Services (ERGA) to provide an opinion on the matter within 15 working days from submission of the Commission's request. If the Commission requests an opinion from ERGA, the time-limits set out in Articles 3(5) and 4(5) shall be suspended until ERGA has adopted an opinion.";
2016/10/27
Committee: CULT
Amendment 537 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point a
(a) it has notified the Commission and the Member State in which the broadcastaudiovisual media service provider is established of its intention to take such measures while substantiating the grounds on which it bases its assessment;
2016/10/27
Committee: CULT
Amendment 540 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point b
(b) it has respected the rights of defence of the broadcastaudiovisual media service provider concerned and, in particular, has given the broadcaster the opportunity to express its views on the alleged circumvention and the measures the notifying Member States intends to take;
2016/10/27
Committee: CULT