BETA

46 Amendments of Marc TARABELLA related to 2016/0151(COD)

Amendment 59 #
Proposal for a directive
Recital 3 a (new)
(3a) Editorial decisions are decisions taken on a day-to-day basis, in particular by programme directors and editors-in- chief, in the context of an approved programme schedule. The place in which editorial decisions are taken is the normal place of work of the persons who take them.
2016/10/19
Committee: IMCO
Amendment 62 #
Proposal for a directive
Recital 8
(8) In order to ensure coherence and give certainty to businesses and Member States' authorities, the notion of "incitement to hatred" should, to the appropriate extent and where applicable to member states, be aligned to the definition in the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as "publicly inciting to violence or hatred". This should include aligning the grounds on which incitement to violence or hatred is based.
2016/10/19
Committee: IMCO
Amendment 63 #
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, 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. The different means of content descriptors should be clear enough to stipulate if the specific content may be of harm to minors.
2016/10/19
Committee: IMCO
Amendment 65 #
Proposal for a directive
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouraged to ensure that self-and co-regulatory codes of conduct are used to effectively reduceffectively ensure that the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines is reduced. Self-and co-regulation should contribute to this objective.
2016/10/19
Committee: IMCO
Amendment 71 #
Proposal for a directive
Recital 11
(11) Similarly, Member States should be encouraged to ensure that self- and co- regulatory codes of conduction are used to effectively limitend the exposure of children and minors to audiovisual commercial communications for alcoholic beverageproducts. Certain co- regulatory or self-regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. Those systems should be further encouraged and member states allowed to take further steps in drafting national guidelines, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverageproducts.
2016/10/19
Committee: IMCO
Amendment 72 #
Proposal for a directive
Recital 11 a (new)
(11a) Given the potential harm caused by alcohol on all individuals and society as a whole, Member States should encourage to limit the exposure of products containing alcohol. As the rules applicable to tobacco prohibits advertisement of such products due to their harmful effects, the same rules should be applied for alcoholic products.
2016/10/19
Committee: IMCO
Amendment 77 #
Proposal for a directive
Recital 14
(14) Sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person's name, trade mark, image, activities or products. As such, for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers, sponsorship announcements can contain promotional references to the goods or services of the sponsor, while not being allowed to directly encouraginge the purchase of the goods and services. Sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement. The content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider's editorial independence.
2016/10/19
Committee: IMCO
Amendment 86 #
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, where practical and applicable, 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.
2016/10/19
Committee: IMCO
Amendment 88 #
Proposal for a directive
Recital 19 a (new)
(19a) In order to increase the flexibility for broadcaster while maintaining a high protection of consumers and viewers, specific time slots could be established where the admissible advertising are liberalised. By establishing certain time slots the consumer will be aware of the relevant rules regarding admissible advertising time and by so be able to make solid decisions. Having specific time slots in which the existing rules of 12 minutes per hour are not fixed the broadcasters are given more flexibility and could therefore adjust their advertisements more freely.
2016/10/19
Committee: IMCO
Amendment 92 #
Proposal for a directive
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works, if such measures do not affect the services provided to the consumer, by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominencewithout affecting the principle of media pluralism.
2016/10/19
Committee: IMCO
Amendment 95 #
Proposal for a directive
Recital 21 a (new)
(21a) Providers of on-demand audiovisual media services should be encouraged to promote the production and distribution of European works if their catalogues contain a share of European works and the viewing experience of the consumer is not affected by this.
2016/10/19
Committee: IMCO
Amendment 108 #
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 in line with European and national legislation.
2016/10/19
Committee: IMCO
Amendment 109 #
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
Amendment 149 #
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 in the pursuit of the audiovisual media service activity operatesa significant part of the workforce involved in the pursuit of the audiovisual media service activity operates. If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in each of those Member States, the media service provider shall be deemed to be established in the Member State where it has its head office. If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in neither of those Member States, the media service provider shall be deemed to be established in the Member State where it first began its activity in accordance with the law of that Member State, provided that it maintains a stable and effective link with the economy of that Member State;;
2016/10/19
Committee: IMCO
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 3 – point a
(a) during the 12 months preceding the notification referred to in point (b) of this paragraph, the media service provider has, in the opinion of the Member State concerned, contravened point (a), (b) or (c) of paragraph 2 on at least two occasions;deleted
2016/10/19
Committee: IMCO
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 3
Where the Member State concerned does not provide the information requested within the period fixed by the Commission or where it provides incomplete information, the Commission shall take a decision that the measures taken by the Member State in accordance with paragraph 2 are incompatible with Union law. If the Commission decides that the measures are incompatible with Union law, the Member State shall put an end to the measures in question as a matter of urgency and no longer than within two weeks.
2016/10/19
Committee: IMCO
Amendment 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
6. Member States may, if the service provided by a media service provider gravely infringes upon the conditions laid down by point (a), (b) and (c) in paragraph 2 in urgent cases, derogate from the conditions laid down in points (b) and (c) of paragraph 3. Where this is the case, the measures shall be notified in the shortest possible time to the Commission and to the Member State which has jurisdiction over the media service provider, setting out the reasons for which the Member State considers that there is such urgency that derogating from those conditions is necessary.
2016/10/19
Committee: IMCO
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 7
7. Without prejudice to the Member State’s possibility of proceeding with the measures referred to in paragraph 6, the Commission shall examine the compatibility of the notified measures with Union law in the shortest possible time. Where it comes to the conclusion that the measures are incompatible with Union law, the Commission shall require the Member State concerned to refrain from taking any intended measures or urgently to put an end to those measures within shortest possible time.
2016/10/19
Committee: IMCO
Amendment 165 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point c
(c) the Commission has decided within 2 months, after having consulted ERGA, that the measures are compatible with Union law, in particular that assessments made by the Member State taking those measures under paragraphs 2 and 3 are correctly founded.
2016/10/19
Committee: IMCO
Amendment 168 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 5 – subparagraph 1
The Commission shall decide within 32 months following the notification provided for in point (a) of paragraph 4. That period shall begin on the day following the receipt of a complete notification. The notification shall be considered as complete if, within 32 months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
2016/10/19
Committee: IMCO
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 1
Member States shall encourage co- regulation and self-regulation through codes of conduct adopted at national level in the fields coordinated by this Directive to the extent permitted by their legal systems. Those codesteps shall be such that they are broadly accepted by the main stakeholders inacting under the jurisdiction of the Member States concerned. The codes of conductsteps laid down shall clearly and unambiguously set out their objectives. They shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at. They shall provide for effective enforcement, including when appropriate effective and proportionate sanctions within the Member State's jurisdiction.
2016/10/19
Committee: IMCO
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Member States shall ensure by appropriate and applicable 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 belief, disability, age or sexual orientation.;
2016/10/19
Committee: IMCO
Amendment 187 #
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 take measures to ensure that services provided by media service providers under their jurisdiction are made gradually accessible to people with a visual or hearing disability in line with their obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) . 2. Member States shall require an annual report from the media service providers under their jurisdiction on the process towards increased accessibility for their services. 3. The European Commission and ERGA shall promote the exchange of best practices within the field of accessibility between different Member States and media service providers.'
2016/10/19
Committee: IMCO
Amendment 194 #
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 conduction regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audience, of foods and, beverages and other products 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.
2016/10/19
Committee: IMCO
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 2
Those codesteps should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and, beverages and other products that are high in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelines. Those codesteps should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and, beverages and other products.
2016/10/19
Committee: IMCO
Amendment 203 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 3
3. Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduction regarding inappropriate audiovisual commercial communications for alcoholic beverageproducts. Those codesteps should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beveragproducts, for instance prohibiting commercial communications for alcoholic products during times when children are most likely to be exposed through audiovisual media services.
2016/10/19
Committee: IMCO
Amendment 211 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/13/EU
Article 10 – paragraph 1 – point b
(b) they shall not directly encourage the purchase or rental of goods or services;;
2016/10/19
Committee: IMCO
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 3 – point b
(b) they shall not directly encourage the purchase or rental of goods or services;
2016/10/19
Committee: IMCO
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b
(b) specific medicinal products or medical treatments available only on prescription in the Member State under whose jurisdiction the media service provider falls or in the Member State targeted by the media service provider.;
2016/10/19
Committee: IMCO
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b a (new)
(ba) alcoholic beverages and other alcoholic products or product placement from undertakings whose principal activity is the manufacture or sale of alcohol and other alcoholic products.
2016/10/19
Committee: IMCO
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – paragraph 1 – subparagraph 2
The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls, together with the measures mentioned above.;
2016/10/19
Committee: IMCO
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
1. Member States shall ensure thatould encourage providers of on-demand audiovisual media services under their jurisdiction secure at least a 20%to provide a share of European works in their catalogue and ensure prominence of these works, provided that this do not affect the consumer negatively by altering the service provided in a way which was not agreed upon by the consumer.
2016/10/19
Committee: IMCO
Amendment 236 #
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 rules.
2016/10/19
Committee: IMCO
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
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.;
2016/10/19
Committee: IMCO
Amendment 251 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00a given clock hour shall not exceed 20 %.
2016/10/19
Committee: IMCO
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
1a. An exception could be made to the rules laid down in paragraph 1, if a Member State and media service providers under their jurisdiction establishes a framework where a certain number of hours constitute "prime time". During these hours the proportion of commercial communication should not exceed 20% but not be restricted to each specific clock hour.
2016/10/19
Committee: IMCO
Amendment 258 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1b (new)
1b. During the hours mentioned above as "prime time", Member States should be able to take concrete measures against audiovisual commercial communications for alcoholic products in order to protect vulnerable viewers and minors in particular. Such measures could be to prohibit audiovisual commercial communications during hours defined as "prime time".
2016/10/19
Committee: IMCO
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c
(c) product placements not in conflict with provisions laid down in Article 11, paragraph 4.;
2016/10/19
Committee: IMCO
Amendment 267 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point a
(a) protect minors from content which may impair their physical, mental or moral development. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. These measures may include selecting the time of their availability, age verification tools or other technical measures;
2016/10/19
Committee: IMCO
Amendment 275 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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, race, colour, religion or belief, disability, descent or national or ethnic origin.
2016/10/19
Committee: IMCO
Amendment 284 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the 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 video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest. The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls. Video-sharing platform providers shall give viewers sufficient information about such content, preferably using a system of descriptors indicating the nature of the content.
2016/10/19
Committee: IMCO
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – point b
(b) establishing and operating easy to use mechanisms for users of video-sharing platforms to report or flag to the video- sharing platform provider concerned the content referred to in paragraph 1 stored on its platform;
2016/10/19
Committee: IMCO
Amendment 293 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – point ba (new)
(ba) the mechanism established according to point (b) shall be constituted by transparency and must inform the user of the video-sharing platform and publicly disclose the measures taken regarding the reported and/or flagged content.
2016/10/19
Committee: IMCO
Amendment 316 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 6
6. Member States shall ensure that complaint and redress mechanisms are publicly disclosed and available for the settlement of disputes between users and video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
2016/10/19
Committee: IMCO
Amendment 324 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission mayshall give appropriate publicity to those codes of conduct.
2016/10/19
Committee: IMCO
Amendment 407 #
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