28 Amendments of Jiří MAŠTÁLKA related to 2016/0151(COD)
Amendment 45 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Given the potential harm caused by alcohol to all individuals and to society as a whole, Member States should encourage audiovisual media service providers to limit the exposure of viewers to products containing alcohol. As the rules applicable to tobacco prohibit the advertisement of such products due to their harmful effects, the same rules should be applied to alcoholic products.
Amendment 59 #
Proposal for a directive
Recital 19
Recital 19
Amendment 85 #
Proposal for a directive
Recital 19
Recital 19
Amendment 89 #
Proposal for a directive
Recital 36
Recital 36
(36) ERGA has made a positive contribution towards consistent regulatory practice and has provided high level advice to the Commission on implementation matters. This calls for the formal recognition and, reinforcement and further clarification of its role in this Directive. The group should therefore be re- established by virtue of this Directive.
Amendment 98 #
Proposal for a directive
Recital 38
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure non-discriminatory discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations.
Amendment 120 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any 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 beliefe, colour, ethnic or social origin, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;
Amendment 125 #
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2010/13/EU
Article 6a a (new)
Article 6a a (new)
(9a) the following Article 6aa is inserted: Article 6aa 1. Without prejudice to Articles 12, 13, 14 and 15 of Directive 2000/31/EC, Member States shall ensure, by appropriate means, that media service providers and video-sharing platform providers under their jurisdiction do not contain: (a) 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) programmes or user-generated videos which may impair the physical, mental or moral development of minors. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. This can be achieved by selecting the time of their availability, age verification tools or other technical measures. 2. What constitutes an appropriate means 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. The liability regime of Articles 12, 13, 14 and 15 of Directive 2000/31/EC shall not be put at risk by such means.
Amendment 132 #
Proposal for a directive
Article 1 – point 11 – point a
Article 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audience, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars. The WHO nutrient profile model shall be used as guidance when defining which foods and beverages can or cannot be advertised.
Amendment 135 #
Proposal for a directive
Article 1 – point 11 – point a
Article 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Those codes should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and beverages that are have to be submitted for approval to national regulatory authorities, whigch in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelinmay introduce additional provisions regarding the compliance, monitoring and enforcement of such codes. Thoese codes should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and beveragebe subject to a public consultation open to the participation of consumer organisations.
Amendment 139 #
Proposal for a directive
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Commercial communications for alcoholic beverages and gambling activities shall be kept to a minimum. Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages. Those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beveragesin order to achieve this objective.
Amendment 144 #
Proposal for a directive
Article 1 – point 13
Article 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Product placement shall be admissible in all audiovisual media services, except in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children's audience, in particular children's programmes.
Amendment 145 #
Proposal for a directive
Article 1 – point 13
Article 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 146 #
Proposal for a directive
Article 1 – point 13
Article 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point a a (new)
Article 11 – paragraph 4 – point a a (new)
(aa) unhealthy foods and beverages
Amendment 149 #
Proposal for a directive
Article 1 – point 14
Article 1 – point 14
Directive 2010/13/EU
Article 12 – subparagraph 1
Article 12 – subparagraph 1
Member States shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction, which may impair the physical, mental or moral development of minors, such as advertising for alcoholic beverages or gambling, are only made available in such a way as to ensure that minors will not normally hear or see them. Such measures may include selecting the time of the broadcast, age verification tools or other technical measures. They shall be proportionate to the potential harm of the programme.
Amendment 159 #
Proposal for a directive
Article 1 – point 16
Article 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 230 minutes;
Amendment 160 #
Proposal for a directive
Article 1 – point 17
Article 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daihourly proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00 shall not exceed 20 % of advertising in a given hour.
Amendment 166 #
Proposal for a directive
Article 1 – point 17
Article 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 176 #
Proposal for a directive
Article 1 – point 19
Article 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b a (new)
Article 28 a – paragraph 1 – point b a (new)
(ba) make their platform accessible in a consistent and adequate way for users´ perception, operation and understanding, and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level. While user-generated content is exempted from this requirement, Member States shall ensure that video-sharing platform providers facilitate the necessary authoring tools for users to create and share accessible content.
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co- regulatory codes of conduct regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audience, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars. The WHO nutrient´s profile shall be used as a guidance when defining which foods and beverages can or cannot be advertised.
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Those codes should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and beverages that are high in salt, sugars or fat or that otherwise do not fit national have to be submitted to the approval of national regulatory authorities and introduce additional provisions regarding the compliance, monitor international nutritional guideling and enforcement of such codes. Thoese codes should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and beveragebe subject to a public consultation open to the participation of consumer organizations.
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b a (new)
Article 11 – paragraph 4 – point b a (new)
(ba) unhealthy food and beverages.
Amendment 246 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 230 minutes.;
Amendment 253 #
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 daihourly proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00 shall not exceed 20 % of advertising in a given hour.
Amendment 259 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point b
Article 28a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, disability, race, colour, religion, descent or national or ethnic origin.
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point b a (new)
Article 28a – paragraph 1 – point b a (new)
(ba) adopt measures to limit exposure of children to advertising of unhealthy foods and beverages in video sharing platforms
Amendment 281 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point b b (new)
Article 28a – paragraph 1 – point b b (new)
(bb) make their platform accessible in a consistent and adequate way for users ´perception, operation and understanding, and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level. While the user-generated content is exempted from this requirement, the video-sharing platform providers shall facilitate the necessary authoring tools for users to create and share accessible content.