Activities of Geoffroy DIDIER related to 2022/2038(INI)
Shadow opinions (1)
OPINION on the implementation of the Audiovisual Media Services Directive
Amendments (22)
Amendment 44 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the importance of protecting and promoting consumer choice through cultural diversity, which is inherent to the identity of the European Union and its citizens, and which constitutes an essential pillar of the single market;
Amendment 45 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Considers that the free movement of services should be ensured together with the protection of cultural diversity; welcomes the smooth and effective implementation of the required 30% quota obligation for European works in VOD catalogues which has had a positive impact on cultural diversity and on consumer choice through greater exposure of the EU audience to European works and by offering more opportunities for European creation to reach viewers across the EU; also welcomes the introduction by some Member States of investment obligations requiring VOD service providers to reinvest part of their revenues earned in the country, thus maintaining a steady and diverse industrial audiovisual ecosystem in these countries; underlines that the UK is a country where many non-EU countries shoot their works, notably thanks to a strong tax rebate policy; underlines as well that considering the current state of law, many US-UK coproductions are qualified as European productions; stresses finally that many US studio films shot in the UK studios with the help of a service provider are qualified as European depriving the Article 13(1) 30% quota of its meaning;
Amendment 47 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Stresses the need to support SMEs, which are necessary for the proper functioning of the audiovisual sector and for a diverse offer to the benefit of the EU audience;
Amendment 48 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Recalls that it is necessary to ensure consistency between AVMS directive and Regulation (EU) 2018/302 on unjustified geo-blocking, considering that the scope of this regulation does not cover audiovisual content; underlines that consumers benefit from cross-border access to their cultural content, in particular thanks to the portability regulation1a , which already facilitates access to content during temporary cross- border stays; _________________ 1a Regulation (EU) 2017/1128
Amendment 49 #
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
Amendment 50 #
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Notes that different levels of consumer protection with regards to commercial communications exist in different environments; underlines that this creates an un-even level playing field between audiovisual media services and video sharing platforms which is detrimental to consumer protection and sustained investments in news and audiovisual content; underlines that the AVMSD is largely responsible for this regulatory asymmetry and that the AVMSD revision should raise the requirements of consumer protection for video sharing platforms;
Amendment 51 #
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Notes that to the detriment of consumer choice, video sharing platforms do not invest in creative and journalistic content, yet extract a large and increasing share of advertising revenues, due to the lack of equivalent rules applying to them;
Amendment 52 #
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Highlights that audiovisual media service providers are subject to strict rules to protect viewers from harmful content under Articles 6 and 6a of the AVMSD, as opposed to video sharing platforms, which are only subject to a lighter regime via Article 28b; underlines that the revised AVMSD should raise the requirements of consumer protection for video sharing platforms;
Amendment 53 #
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Stresses that the revised AVMSD should insist on the responsibility of audiovisual media service providers and video sharing platforms to strive for the prevention and reduction of disinformation;
Amendment 54 #
5 j. Stresses that new provisions should be included on the role that audiovisual media services, including non-linear services, and video sharing platforms should play in raising awareness (through public service announcements and other initiatives) of legitimate public interest objectives, such as climate change, energy transition, societal issues, prevention of hate speech and bullying, media and information literacy, and equal representation of women;
Amendment 55 #
Draft opinion
Paragraph 5 k (new)
Paragraph 5 k (new)
5 k. Considers the interplay between the Digital Services Act and other sector specific legislation remains unclear; calls on the Commission to provide guidance on the interplay between the Digital Services Act and the AVMSD;
Amendment 56 #
Draft opinion
Paragraph 5 l (new)
Paragraph 5 l (new)
Amendment 57 #
Draft opinion
Paragraph 5 m (new)
Paragraph 5 m (new)
5 m. Considers that the upcoming European Media Freedom Act should also address the challenges of the platform economy for the media sector; calls, in particular, for the adoption of procedural safeguards so that media service providers are duly informed and able to challenge the suspension or meddling with their content and services before online platforms implement their decisions;
Amendment 58 #
Draft opinion
Paragraph 5 n (new)
Paragraph 5 n (new)
5 n. Highlights the need to ensure proper implementation of new provisions protecting the integrity of the broadcasting signal (Article 7b) and on the ability of Member States to promote the prominence of general interest audiovisual media services (Article 7a), considering the key role that gatekeeping devices and platforms play for the way in which citizens access, discover and find audiovisual media services online;
Amendment 59 #
Draft opinion
Paragraph 5 o (new)
Paragraph 5 o (new)
5 o. Encourages Member States to adopt comprehensive and effective rules in accordance with Article 7b to protect the integrity of the broadcasting signal on all relevant online platforms and user interfaces used to access audiovisual media services;
Amendment 60 #
Draft opinion
Paragraph 5 p (new)
Paragraph 5 p (new)
5 p. Regrets that only very few Member States have yet transposed Article 7a of the revised AVMSD into national law and taken measures to promote the prominence of general interest audiovisual media services;
Amendment 61 #
Draft opinion
Paragraph 5 q (new)
Paragraph 5 q (new)
5 q. Encourages Member States to transpose Article 7a into national law; highlights in this context that the AVMSD only provides for a minimum harmonisation allowing Members to take measures going beyond what is provided for in the AVMSD; calls therefore on Member States to adopt prominence regimes not only for audiovisual media services providers but also radio / audio services; further recalls that the Directive allows Member States to apply measures ensuring the prominence of general interest content and services to all relevant user interface and platform service providers providing their services to users in their territory;
Amendment 62 #
Draft opinion
Paragraph 5 r (new)
Paragraph 5 r (new)
5 r. Calls for the revision of Article 7a from an enabling provision into an obligation; calls furthermore to task ERGA, with issuing guidance on the prominence of general interest audiovisual media services; believes that such a guidance, based on best practice examples, could provide concrete assistance to national authorities on how Article 7a could be implemented and help reducing the complexity of defining the different elements of sound and workable prominence regimes;
Amendment 63 #
Draft opinion
Paragraph 5 t (new)
Paragraph 5 t (new)
5 t. Calls on the Commission to introduce an obligation to ensure that online platforms always attribute the content and services offered by a media service provider to its actual publisher by ensuring for example that the identity of media organizations is clearly visible through logos or other kinds of branding alongside their content;
Amendment 64 #
Draft opinion
Paragraph 5 u (new)
Paragraph 5 u (new)
5 u. Recalls that, as underlined in European Commission's AVMSD guidelines published in 2020, "social media services need to be included" in the scope because "they compete for the same audiences and revenues as audiovisual media services; furthermore, they also have a considerable impact in that they facilitate the possibility for users to shape and influence the opinions of other users; therefore, in order to protect minors from harmful content and all citizens from incitement to hatred, violence and terrorism, those services should be covered by Directive 2010/13/EU";
Amendment 65 #
Draft opinion
Paragraph 5 v (new)
Paragraph 5 v (new)
5 v. Highlights the importance of product placement by influencers or users of video sharing platforms in recent years; in this regard, calls for action to ensure more responsible influencer marketing and for Member States to develop a mandatory "Responsible Influencer Certificates" to educate and empower online content creators regarding their activities on video sharing platforms or social media services and enforce compliance with existing legislation on advertisement;
Amendment 66 #
Draft opinion
Paragraph 5 w (new)
Paragraph 5 w (new)
5 w. Underlines that all advertising, in whatever form, accessible through a video sharing platforms, must be clearly identifiable as such; it must clearly identify the natural or legal person on whose behalf it is carried out; stresses that product placement on video sharing platforms or social media services included on user-generated video or influencers video must be systematically and clearly preceded by the mention "This video contains product placement" in order to inform and better protect consumers;