Activities of Diana RIBA I GINER related to 2022/2038(INI)
Shadow reports (1)
REPORT on the implementation of the revised Audiovisual Media Services Directive
Amendments (39)
Amendment 3 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Europe’s Media in the Digital Decade: An Action Plan to Support Recovery and Transformation from the Commission on 3 December 2020,
Amendment 4 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the provisions of the European Charter for Regional or Minority Languages , regarding the media,
Amendment 5 #
Motion for a resolution
Recital A
Recital A
A. whereas the country of origin principle laid down in Article 2(1) of the Directive has successfully proved itself as an important pillar for the free and unhindered dissemination of information and for the cross-border distribution of audiovisual media services and constitutes an important basis for the protection of audiovisual media service providers and end-users and for the promotion of cultural diversity and pluralism of opinion in the Union;
Amendment 9 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the main objective of the AVMS Directive is to protect the cultural and language diversity of the European Union under Article 167 TFEU;
Amendment 11 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Amendment 21 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the United Nations Convention on the Rights of Persons with Disabilities (CRPD) legally binds the European Union and all Member States to ensure the right to accessibility (Article 9), freedom of expression, opinion, and access to information (Article 21) and participation in cultural life (Article 30);
Amendment 25 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the amount of audiovisual production in European regional and minority languages is inadequate in all EU member states;
Amendment 26 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas millions of children throughout Europe use their regional or minority languages (RMLs) in everyday life, are educated in RML medium schools, yet have little media in their own language;
Amendment 28 #
D d. whereas independent and impartial national and regional media regulatory authorities are a precondition for media freedom and pluralism in order to protect the media from undue political and commercial interference as they safeguard independent, accountable, and transparently operating media services;
Amendment 35 #
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; when assessing the Member States’ implementation of their obligations under the AVMSD, the Commission should verify that their understandings of ‘proportionate measures’ are not voiding Article 7;
Amendment 36 #
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 Article 13 para 1 and 2 on the basis of the information provided by Member States by 19 December 2021 and of an independent study, taking into account the market and technological developments and the objective of cultural diversity; Regrets that the Commission has not yet provided [on time] its report on the application of the 2010/13/EU Directive for the period 2015-2019, which would have been interesting for benchmarking the implementation of the revised Directive;
Amendment 52 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that different levels of consumer protection with regards to commercial communications; Underlines that this creates an un-even level playing field between audiovisual media services and video sharing platforms which is detrimental to consumer protection;
Amendment 53 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that whilst audiovisual media service providers are subject to strict rules to protect viewers from harmful content under articles 6 and 6a of the AVMSD, video sharing platforms are only subject to a light-touch regime via article 28b which requires them only to roll out some functionalities and modifying their terms and conditions;
Amendment 54 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Is aware that article 5 recognises the ability of Member States to adopt legislative measures providing that, in addition to the information listed in paragraph 5.1, media service providers under their jurisdiction make accessible information concerning their ownership structure, including the beneficial owners; calls legislators to increase transparency requirements by turning article 5.2 from an enabling provisions into an obligation to pursue an objective of general interest;
Amendment 61 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. 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 for persons with disabilities and to improve the accessibility of services overall; Such targets should state, with clear timelines, what percentage of audiovisual content should be made accessible and for what type of access service. These targets should be based on the situation of media accessibility in the Member State;
Amendment 63 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to request European standards for access services, including icons, which respect existing practices but can be used by countries in which there is no quality guidance;
Amendment 64 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Recommends the future AccessibleEU Centre to create a forum for all the stakeholders affected by the European Accessibility Act (EAA) and the Audiovisual Media Services Directive (AVMSD) to exchange practices and find synergies to improve media accessibility in the EU;
Amendment 65 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the Commission to procure a study to measure and benchmark media accessibility between Member States;
Amendment 70 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Regrets that only very few Member States have yet taken measures to promote the prominence of general interest audiovisual media services in accordance with Article 7a; Underlines the importance of numeric buttons on remotes, devices and user interfaces to ensure the visibility and findability of general interest services; Notes that some manufacturers are removing these buttons from their remotes, putting at stake traditional channel numbering systems and preventing the audience from directly accessing their favourite linear channels; Highlights the need to ensure proper implementation of these prominence provisions, considering the key role that device manufacturers and interface providers play for the way in which users access, discover and find audiovisual media services online;
Amendment 78 #
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 prominence of European audiovisual works, 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 91 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers it appropriate to maintain the European quota targets as minimum targets at their current level and that the provision is implemented taking into account official languages in the Member States;
Amendment 97 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recommends to envisage raising the minimum 30% share of European works in on-demand services’ catalogues in the next revision of the Directive considering that the quota was already met in most Member States at the time of adoption of the Directive; Suggests increasing the quota to reduce the gap with the broadcasters’ obligation and encouraging the production of European and independent works;
Amendment 103 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Notes that the quota of European works for on-demand services does not excludes certain types of programmes contrary to the quota for broadcasters of Article 16 that excludes news, sports events, games, advertising, teletext services and tele-shopping; also notes that the business models of on-demand services have evolved to include non- scripted programmes in addition to films and series; Calls therefore on the Commission to assess the types of programmes offered by on-demand services to ensure that the focus of the quota on films and series is not undermined by other programmes and to review the 2020 guidelines on the calculation of European works if necessary;
Amendment 113 #
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Considers it appropriate to monitor closely the European quota targets implementation, including the types of audiovisual works covered and volume calculation for the on-demand services quota and to do so taking language as a unit of analysis;
Amendment 114 #
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Welcomes the introduction by a majority of Member States of financial obligations requiring on-demand services to invest part of their revenues earned in the country in the local production (via contributions to funds or direct investment), taking into account the cultural and linguistic diversity of the territorial area in which they are located or are conducting their service to; Encourages the Commission to present a proposal making this financial obligation mandatory and ensure the production of content in languages with lower audiovisual production;
Amendment 116 #
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Urges to facilitate accessibility (dubbing, subtitles, audio descriptions or others) in all languages of the territory where the audiovisual media service is provided;
Amendment 117 #
Motion for a resolution
Paragraph 12 f (new)
Paragraph 12 f (new)
12 f. Is concerned by the implementation of the AVMSD in Hungary, which openly discriminates against the LGBT community and contravenes fundamental rights enshrined in articles 7,9 11, 16 and 21 of the Charter of Fundamental Rights of the European Union by seeking to ban or limit exposure to LGBT communities and issues in programming and advertising content;
Amendment 124 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages, furthermore, greater agreementto assess the possibility onf common EU-wide requirements in investment incentive schemes in the form of tax credits as a way to complement the financial obligations provisions in the directive; considers that such schemes should provide automatic eligibility mechanisms so that they are less dependent on award decisions by panels, are not capped and provide additional incentives for social or cultural effects that are desirable in terms of media policy, such as talent development, social obligations, inclusion, diversity, gender equality or greening;
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 127 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Considers that when a Member State decides to impose financial obligations in favour of public broadcasters they should promote equal treatment and benefit all the different public broadcasters in the territory;
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 135 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 149 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls to Member States and regional governments to ensure that national and regional regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural and regional diversity, language preservation, and consumer protection;
Amendment 151 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Stresses that in more than half of the EU Member States, the appointment of heads of national and regional media regulatory authorities(NRMRs) or members of the bodies is considered either medium or high risk, according to the latest Media Pluralism Monitor of the Centre for Media Pluralism and Media Freedom (CMPF) showing clearly that stronger enforcement mechanisms are needed;
Amendment 152 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Recalls that ERGA is composed of national independent regulatory authorities and those regional independent regulatory authorities with competencies in the field of audiovisual media services; believes that national and regional independent regulatory authorities can represent the Member State in a rotating system and participate in the meetings;
Amendment 154 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15 d. Asks Member States and regional governments with competences with in the field of audiovisual media services to establish national and regional regulatory authorities with competences in the field of audiovisual media services that are independent of their governments or other public or private bodies; recalls that regulators should exercise their powers impartially and transparently, according to Article 30 (2);
Amendment 168 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Regrets that some Member States defined independent producers in a way that allows producers linked to a media service provider to be considered as such; is concerned that this leads to market concentration and departs from the cultural and language diversity objective of the directive;
Amendment 169 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)