26 Amendments of Tomasz FRANKOWSKI related to 2022/2038(INI)
Amendment 1 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to the Member States competences to develop ambitious cultural policies in the audiovisual field at national level, in consistence,with TEU Art. 3, TFEU Art. 6 and 167,
Amendment 10 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas, territorial and exclusive licensing play a fundamental role in driving investment in the creation, financing, marketing and distribution, and thus availability of all types of audiovisual content across the EU and across all distribution channels;
Amendment 13 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the cultural diversity is at the core of the AVMSD and contributes to supporting and promoting European creation in its diversity, therefore it should remain prominent as its guiding principle;
Amendment 15 #
Motion for a resolution
Recital B
Recital B
B. whereas new horizontal legal provisions at Union level make it necessary to clarify its their interconnection with this specific legal framework for audiovisual media service providers in a consistent and coherent manner; whereas the potential for conflict and thus the need for consistency and coherence has increased significantly in recent times due to enacted or proposed legislation at EU level in the “digital decade”, namely, the DSA, which addresses players in the distribution and value chain of audiovisual content and has direct links with the AVMSD; whereas more evident links exist in the proposals for an EMFA and the proposal for a regulation on political advertising, which address issues directly relevant for the audiovisual media sector;
Amendment 34 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls the Commission’s obligation, as laid down in Article 33, second sentence of the Directive, to submit a report on the application of the Directive no later than 19 December 2022, and reminds the Member States’ of their obligation under Article 7(2) of the Directive to report to the Commission on progress regarding accessibility by the same date; draws attention to the Commission’s media outlook announced in the Media Audiovisual Action Plan (MAAP) that will notably focus on the consequences of the tackling of the EU market by the global VOD platforms;
Amendment 38 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls the Commission´s obligation to report on the application of Art. 13 (1) and (2) on the basis of the information provided by Member States by 19th December 2021 and of an independent study, taking into account the market and technological developments and the objective of cultural diversity;
Amendment 55 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that horizontal legislation applicable to audiovisual media services, such as the Digital Services Act or horizontal co- and self-regulation standards, such as the 2022 Strengthened Code of Practice on Disinformation, should always be interpreted in a manner that is consistent with the objectives of the Directive; calls, with particular regard to the DSA, the EMFA proposal and the Regulation on political advertising for a clarification on the interplay of the AVMSD, not only in light of the endeavour to create legal certainty and ensure effective (cross-border) law enforcement but also in light of the maintenance of value decisions of the AVMSD such as the independence of supervision and the protection of editorial content;
Amendment 57 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that sectoral laws remain the core part of the regulatory framework for the media in the Union and calls upon European decision-makers to confirm and respect the basic principle that sectorial law shall prevail over horizontal law;
Amendment 59 #
7. CNotes that co-legislators have introduced important novelties in the revised Directive, notably a provision protecting the integrity of audiovisual media services (Article 7b) and a provision recognizing the ability of Member States to adopt measures promoting the prominence of audiovisual media services of general interest (Article 7a); highlights the need to ensure proper implementation of these provisions, considering the key role that device manufacturers and user interface providers play for the way in which citizens access, discover and find audiovisual media services online; calls on the Commission, on the basis of the Member States’ reports and in cooperation with ERGA, to work on common qualitative and quantitative targets to promote the further development of accessible services and to improve the accessibility of services overall;
Amendment 66 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages Member States to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general interest; suggests, furthermore, that ERGA should help to develop guidelines in this regard, with a view to a harmonised European approach, based on an analysis of best practices; believes that progress could be made towards an obligation of prominence for general interest audiovisual media services, under the condition that the scope and understanding of the general interest content is harmonised and does not go against EU values;
Amendment 74 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out, in this regard, that services or content of general interest are deliberately not limited to public service media but also include content provided by commercial media service providers aimed at meeting social, democratic and cultural needs, as they may represent a greater diversity of views on the political spectrum;
Amendment 79 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the objectives of the Directive are served by Member States taking measures to ensure discoverability of European works and findability of content and services of general interest vis- à-vis relevant user interfaces and platform services that offer their services to users in the territory of that Member State but are not themselves established there;
Amendment 86 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers it appropriate to maintainStresses the importance of the quota obligations and the financing tools introduced by Articles 13(1) and 13(2) of the AVMS Directive, which are fundamental to the objectives of promotion and diversity of the European audiovisual sector on which the Directive is grounded, emphasises the importance of the provisions on the promotion and distribution of European works along with discoverability tools provided by ERGA to Member States and their direct impact on local audiovisual creation and business ecosystems, reminds the Member States that the European quota targets asre minimum targets, at their currentnd they can go beyond these targets at national level;
Amendment 96 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Requests a detailed monitoring of the implementation of Art. 13(1) to discover differences in the approaches of broadcasters and VoDs with regard to the provision as well as possible differences in the qualifications of European works, calls on the Commission to assesss the types of programmes offered by VoD services to ensure that the focus of the quota is not undermined by filling it with non-scripted programmes;
Amendment 101 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Emphasises that audiovisual media services also have an obligation to ensure the discoverability of European works by, for example, having a dedicated section for European works on the home page of the service or the possibility to search for European works in the search tool of the service, or European works being promoted with banners; and that reliable metadata is needed to ensure these obligations are met; calls on increasing the incentives for adopting national discoverability regimes for European works and audiovisual media services of general interest, believes that ERGA or the future Board for Media Services could be tasked to elaborate practical guidance on the basis of best practices to assist national authorities and help reduce the complexity of defining the different elements of sound and workable prominence regimes;
Amendment 109 #
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Encourages the Commission to evaluate the implementation of the general obligation of prominence of European works in Art 13(1) and calls on the Commission and ERGA to promote the exchange of best practices between Member States regarding the deployment of discoverability tools, to, in the long term, present proposals for specific measures to be applied by all Member States;
Amendment 119 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 125 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recognizes the importance of the introduction of a minimum VoD quota and considers that ensuring its effective implementation is a priority; calls on the European Commission, Member States and audiovisual regulators to proceed to a detailed monitoring of its concrete implementation in all Member States as well as to assess its impact on the geographical, cultural, linguistic and artistic diversity of audiovisual works available to the European audience, including authored works; considers that equating a season of a series with one title should be assessed in due time in light of the objective of ensuring a balanced representation of cinematographic works and TV series;
Amendment 126 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Considers that any derogation to the country of origin principle and the introduction of any new barriers and restrictions to the freedom to provide services as established under Articles 56- 62 of the Treaty on the Functioning of the European Union, need to be assessed against the safeguards of proportionality, flexibility, predictability and non- discrimination;
Amendment 130 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Stresses the importance of prominence, promotion and discoverability of European works and that they should be the subject of more attention and proposals, on the continuity of the work done by ERGA on the matter; calls on the Commission to present guidelines on how Member States can ensure the prominence and the discoverability of European works, with a view to improving access to a greater cultural and linguistic diversity, and suggests that these guidelines may define the terms of prominence and discoverability; stresses the need for access to online consumption data in order to properly evaluate the impact of the prominence obligation in particular;
Amendment 132 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Insists on the importance of the article 13.2 on the possibility to introduce financial obligations (contributions to funds or direct investment obligations) on the basis of a targeted derogation to the country-of-origin principle, as Member States retain full competence over their cultural policies including for the audiovisual sector; highlights that financial obligations are instrumental in stimulating private investments and public support policies to the benefit of European works and to sustain local audiovisual ecosystems in a changing market context; encourages Member States implementing financial obligations to make sure that they benefit European independent producers and authors as well as different audiovisual genres and the linguistic expressions;
Amendment 138 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that equating a season of a series with one title, as set out in the guidelines pursuant to Article 13(7) of the Directive on the calculation of the share of European works in on-demand catalogues, does not servshould be assessed in due thime intended objective; notes that quota levels are purely quantitative targets which can best be achieved equitably by means of a minute- by-minute count in relation to the total size, measured in minutes, of the currently available catalogue of a video- on-dem light of the objective of ensuring a balanced representation of cinematographic works and serviceies;
Amendment 141 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls for further analysis of the actual implementation of the guidelines pursuant to Article 13(7) of the AVMSD for calculating the share of European works in on-demand catalogues, in order to assess whether the calculation of shares of works in the catalogues of on- demand service providers but also as regards low turnover and low audience providers are sufficiently clear and allow for the application to be harmonised to a sufficient extent;
Amendment 155 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Member States to fulfil their obligation under Article 30(4) of the Directive regarding the financial and human resources of national regulatory authorities or bodies in light of their increasingly complex tasks and to promote their cross-border cooperation and insists on the need to safeguard the independence required by the Directive; Stresses the importance of providing ERGA with effective means and tools to monitor compliance with the obligations laid down in the Directive, as well as sanctions in the event of non-compliance, requests more independence for ERGA by, among others, setting up an own Secretariat independent from the Commission;
Amendment 156 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses the need to protect SMEs, to ensure the proper functioning of the audiovisual sector and adverse offer to the benefit of the EU audience;
Amendment 157 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to issue in good time the guidelines required under Article 33a(3) on the scope of the Member States’ reports on the implementation of the measures for the development of media literacy skills, so that the timely submission of these reports is not further delayed; reiterates that recipients of media services within the European Union have a right to receive and impart information pursuant to Article 11 of the Charter of Fundamental Rights of the European Union and recalls that this right, and the ability to access free and pluralistic media services in the European Union, cannot be enjoyed by all unless it is accompanied by sufficient media literacy education, as particularly addressed by the revised Audiovisual Media Services Directive; emphasises that media literacy should not be limited to learning about tools and technologies, but should aim to equip citizens with the critical thinking skills required to exercise judgment, analyse complex realities and recognise the difference between opinion and fact;