[ParlTrack]

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Ilhan KYUCHYUK, Marju LAURISTIN, Hannu TAKKULA, Kaja KALLAS, Morten LØKKEGAARD, Marietje SCHAAKE

Proposal for a directive
Recital 1

(1) The last substantive amendment to Directive 89/552/EEC of the Council27 , later codified by Directive 2010/13/EU of the European Parliament and of the Council28 , was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council29 . Since then, the market of audiovisual media services has evolved significantly and rapidly. Technical developments allow for new types of services and user experiences. The viewing habits, particularly of younger generations, have changed significantly. While the main TV screen remains an important device to share audiovisual experiences, many viewers have moved to other, portable devices to watch audiovisual content. Traditional TV content accounts still for a major share of the average daily viewing time. However, new types of content, such as short videos or user-generated content, gain increasing importance and new players, including providers of video-on- demand services and video-sharing platforms, are now well-established. ~~__________________ 27~~ In order to ensure that the measures to regulate these new types of content are suitable for future developments, it is necessary to evaluate whether the current legal framework for audiovisual media services is suitable and whether it strikes the necessary balance with other legal instruments applicable to these new types of content. __________________ 27 Directive 89/552/EEC of the European Directive 89/552/EEC of the European Parliament and of the Council of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 298, 17.10.1989, p. 23). 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1). 29 Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 332, 18.12.2007, p. 27).

2016/10/27
Committee: CULT

Jana TOOM, Hannu TAKKULA, Kaja KALLAS, Marietje SCHAAKE

Proposal for a directive
Recital 3

(3) Directive 2010/13/EU should remain applicable only to those services which are intended for reception by, and which could have a clear impact on, a significant proportion of the general public and the principal purpose of which is the provision of programmes in order to inform, entertain or educate. The principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider, such as stand-alone parts of online newspapers featuring audiovisual programmes or user-generated videos where those parts can be considered dissociable from their main activity. Social media services are not included, except if they provide a service that falls under the definition of a video-sharing platform. Similarly, audiovisual media services that are not primarily economic in their purpose and do not compete with television broadcasting and instead, for example, provide and distribute the audiovisual content of private users for sharing in communities of interest, should not be included. A service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity. As such, channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves, even if they are offered in the framework of a video- sharing platform which is characterised by the absence of editorial responsibility. In such cases, it will be up to the providers with editorial responsibility to abide by the provisions of this Directive.

2016/10/27
Committee: CULT

Hannu TAKKULA, Bogdan Brunon WENTA, Marc JOULAUD, Marc TARABELLA

Proposal for a directive
Recital 3

(3) Directive 2010/13/EU should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform, entertain or educate. The principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider, such as stand-alone parts of online newspapers featuring audiovisual programmes or user-generated videos where those parts can be considered dissociable from their main activity. Social media services are not included, except if they provide a service that falls under the definition of a video-sharing platform. A service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity. As such, channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves, even if they are offered in the framework of a video- sharing platform which is characterised by the absence of editorial responsibility. In such cases, it will be up to the providers with editorial responsibility to abide by the provisions of this Directive. Games of chance involving a stake representing a sum of money, including lotteries, betting and other forms of gambling services and any form of advertising, including commercial communication, for those activities, as well as on-line games and search engines, should continue to be excluded from the scope of Directive 2010/13/EU.

2016/10/27
Committee: CULT

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Ilhan KYUCHYUK, Hannu TAKKULA, Morten LØKKEGAARD

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 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 non-binding opinions on jurisdiction upon the Commission's request as it is composed of national independent regulatory authorities in the field of audiovisual media services.

2016/10/27
Committee: CULT

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Frédérique RIES, Ilhan KYUCHYUK, Marju LAURISTIN, Hannu TAKKULA, Morten LØKKEGAARD

Proposal for a directive
Recital 9

(9) In order to empower viewers, including parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors' physical, or mental ~~or moral~~ development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means.

2016/10/27
Committee: CULT

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Frédérique RIES, Ilhan KYUCHYUK, Marju LAURISTIN, Hannu TAKKULA, Morten LØKKEGAARD

Proposal for a directive
Recital 16

(16) Product placement should not be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and ~~programmes with a significant~~ children’'s ~~audience~~programmes. In particular, evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in ~~programmes with a significant~~ children’'s ~~audience~~programmes. Consumer affairs programmes are programmes offering advice to viewers, or including reviews on the purchase of products and services. Allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes.

2016/10/27
Committee: CULT

Jana TOOM, Marju LAURISTIN, Hannu TAKKULA, Hilde VAUTMANS, Marietje SCHAAKE

Proposal for a directive
Recital 19

(19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7:00 to 23:00 should be introduced.deleted

2016/10/27
Committee: CULT

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Ilhan KYUCHYUK, Hannu TAKKULA, Morten LØKKEGAARD, Kaja KALLAS, Hilde VAUTMANS, Marietje SCHAAKE

Proposal for a directive
Recital 21

(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominencWith a view to developing European audiovisual content and fostering the exchange of European works throughout the internal market, providers of on-demand audiovisual media services should promote the production and distribution of European works, where practicable.

2016/10/27
Committee: CULT

Jana TOOM, Hannu TAKKULA, Kaja KALLAS, Marietje SCHAAKE

Proposal for a directive
Recital 22

(22) In order to ensure adequate levels of investment on European works, Member States should be able to impose financial obligations to on-demand service providers established on their territory. Those obligations can take the form of direct contributions to the production of and acquisition of rights in European works. The Member States could also impose levies payable to a fund, on the basis of the revenues made with on-demand services that are provided in and targeted towards their territory. This Directive clarifies that, given the direct link between financial obligations and Member States' different cultural policies, Member States are also allowed to impose such financial obligations on providers of on-demand services established in another Member State which are targeted towards its territory. In this case financial obligations should only be charged on the revenues generated through the audience in that Member State.

2016/10/27
Committee: CULT

Jana TOOM, Hannu TAKKULA, Kaja KALLAS, Marietje SCHAAKE

Proposal for a directive
Recital 23

(23) When assessing on a case-by-case basis whether an on-demand audiovisual media service established in another Member State is targeting audiences in its territory, a Member State shall refer to indicators such as advertisement or other promotions specifically aiming at customers in its territory, the main language of the service or the existence of content or commercial communications aiming specifically at the audience in the Member State of reception.deleted

2016/10/27
Committee: CULT

Jana TOOM, Hannu TAKKULA, Morten LØKKEGAARD, Kaja KALLAS, Marietje SCHAAKE

Proposal for a directive
Recital 24

(24) When Member States impose financial contributions to providers of on- demand services such contributions shall seek an adequate promotion of European works. while avoiding risks of double imposition for service providers. With this view, if the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States.deleted

2016/10/27
Committee: CULT

Jana TOOM, Marju LAURISTIN, Hannu TAKKULA, Morten LØKKEGAARD, Kaja KALLAS

Proposal for a directive
Recital 26

(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters. Video-sharing platform providers should be encouraged to put in place voluntary measures on those matters, provided that user's fundamental rights are protected, in accordance with guidelines issued by regulatory authorities, and without prejudice to Articles 14 and 15 of Directive 2000/31/EC of the European Parliament and of the Council 33a . Such measures should avoid arbitrary removal of content and should not undermine freedom of expression and information. __________________ 33a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1).

2016/10/27
Committee: CULT

Jana TOOM, Marju LAURISTIN, Hannu TAKKULA, Morten LØKKEGAARD

Proposal for a directive
Recital 28

(28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, where thoese providers ~~typically~~ determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms~~. Therefore, those providers~~, they should be ~~requir~~encouraged to take appropriate measures to protect minors from content that may impair their physical, or mental ~~or moral~~ development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.

2016/10/27
Committee: CULT

Jana TOOM, Hannu TAKKULA, Morten LØKKEGAARD, Kaja KALLAS

Proposal for a directive
Recital 30

(30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation should therefore be encouraged. With a view to ensuring a clear and consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive. ~~However, i~~It should however remain possible ~~for Member State~~to encourage video-sharing platform providers to take ~~such~~ stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35 . It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basion a voluntary basis, provided that such measures ensure the protection of the fundamental rights of users. __________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).

2016/10/27
Committee: CULT

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Frédérique RIES, Ilhan KYUCHYUK, Marju LAURISTIN, Hannu TAKKULA, Morten LØKKEGAARD, Kaja KALLAS, Marietje SCHAAKE

Proposal for a directive
Recital 31 a (new)

(31a) To ensure the protection of fundamental rights of users, regulatory authorities of Member States, in cooperation with ERGA and the Commission, should regularly issue guidelines on the terms and conditions applicable to the removal of harmful content, in accordance with national and Union law and the Charter of Fundamental Rights of the European Union.

2016/10/27
Committee: CULT

Jana TOOM, Marju LAURISTIN, Hannu TAKKULA, Kaja KALLAS

Proposal for a directive
Recital 38

(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure 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.

2016/10/27
Committee: CULT

Hannu TAKKULA, Bogdan Brunon WENTA, Marc JOULAUD, Marc TARABELLA

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)

Directive 2010/13/EU
Article 1 – paragraph 1 – point a – point ii a (new)

(aa) The following new paragraph is inserted: ‘(ii) The definitions in points (a) and (aa) of paragraph 1 shall not include games of chance involving a stake representing a sum of money, including lotteries, betting and other forms of gambling services or any form of advertising, including commercial communication for those activities.’

2016/10/27
Committee: CULT

Jana TOOM, Hannu TAKKULA, Morten LØKKEGAARD, Kaja KALLAS

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a

Directive 2010/13/EU
Article 2 – paragraph 3 – point b

(b) if a media service provider has its head office in one Member State but editorial decisions on the audiovisual media service are taken in another Member State, it shall be deemed to be established in the Member State where the majority of the ~~workforce involved~~editorial decisions in the pursuit of the audiovisual media service activity ~~operates;~~are taken;

2016/10/27
Committee: CULT

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Ilhan KYUCHYUK, Hannu TAKKULA

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2010/13/EU
Article 4 – paragraph 1

1. Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles 5, 6, 6a, 7, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a, provided that such rules are in compliance with Union law.;

2016/10/27
Committee: CULT

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Frédérique RIES, Ilhan KYUCHYUK, Marju LAURISTIN, Hannu TAKKULA, Morten LØKKEGAARD

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2010/13/EU
Article 6 a – paragraph 1

1. Member States shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical, or mental ~~or moral~~ development of minors. For this purpose, Member States may use a system of descriptors indicating the nature of the content of an audiovisual media service.

2016/10/27
Committee: CULT

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Ilhan KYUCHYUK, Hannu TAKKULA, Marietje SCHAAKE

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2010/13/EU
Article 7

(10) Article 7 is ~~deleted~~replaced by the following: 'Article 7 1. Member States shall facilitate the development of a code of conduct applicable to media service providers under their jurisdiction to ensure that audiovisual media services shall be made accessible to persons with disabilities without undue delay. 2. Such codes of conduct may be a self-regulatory or co-regulatory measure. The Commission and ERGA shall support the exchange of best practice between audiovisual media service providers for the purpose laid down in paragraph 1. 3. Such codes of conduct shall include a requirement that media service providers report on an annual basis to the Member State in which they are established about steps taken and progress made in respect of paragraph 1.';

2016/10/27
Committee: CULT

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Frédérique RIES, Ilhan KYUCHYUK, Marju LAURISTIN, Hannu TAKKULA, Morten LØKKEGAARD

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a

Directive 2010/13/EU
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~~programmes, 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.

2016/10/27
Committee: CULT

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Frédérique RIES, Ilhan KYUCHYUK, Marju LAURISTIN, Hannu TAKKULA, Morten LØKKEGAARD

Proposal for a directive
Article 1 – paragraph 1 – point 14

Directive 2010/13/EU
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, or mental ~~or moral~~ development of minors 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.

2016/10/27
Committee: CULT

Jana TOOM, María Teresa GIMÉNEZ BARBAT, Ilhan KYUCHYUK, Hannu TAKKULA, Morten LØKKEGAARD, Kaja KALLAS, Hilde VAUTMANS, Marietje SCHAAKE

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2010/13/EU
Article 13 – paragraph 1

1. Member States shall ensure that providers of on-demand audiovisual media services under their jurisdiction ~~secure at least a 20% share of European works in their catalogue and ensure prominence of these~~promote, where practicable, the production of and access to European works.

2016/10/27
Committee: CULT

Jana TOOM, Hannu TAKKULA, Morten LØKKEGAARD, Kaja KALLAS

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2010/13/EU
Article 13 – paragraph 2

2. Member States may require providers of on-demand audiovisual media services established under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds. Member States may require providers of on-demand audiovisual media services, targeting audiences in their territories, but established in other Member States to make such financial contributions. In this case, the financial contribution shall be based only on the revenues earned in the targeted Member States. If the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States. Any financial contribution shall comply with Union law, in particular with State aid ruleor contributions to national funds.

2016/10/27
Committee: CULT

Jana TOOM, Marju LAURISTIN, Hannu TAKKULA, Morten LØKKEGAARD, Kaja KALLAS, Marietje SCHAAKE