24 Amendments of Petra KAMMEREVERT related to 2012/2300(INI)
Amendment 12 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the particular social significance of linear television and media services means that an independent regulatory framework for the media will still be necessary in the future, since this is the only way of taking proper account of this important role and ensuring diversity of opinion and of the media in the Member States;
Amendment 13 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas audiovisual media services are as much cultural goods as they are economic goods and are of particular importance for society and democracy as vectors of identities and values;
Amendment 19 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in the light of growing media convergence the concept of 'connected TV' is being interpreted in a dynamic, technologically neutral and broad way to cover all devices, including mobile devices, which enable access to linear and non-linear media content, over-the-top services and other applications on one and the same device or screen, thereby bringing together the world of broadcasting and the world of the Internet;
Amendment 25 #
Motion for a resolution
Recital D
Recital D
D. whereas the attention of each user is finite and, as the number of services on offer rises, it becomes more difficult to reach users, which means that access to and the findability, listing and recommendation of services will be decisive for their success;
Amendment 39 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the range of possible uses offered by hybrid devices calls into question core principles of the Audiovisual Media Services Directive, such as the mandatory separation between advertising and programmes and rules on the insertion of advertising;
Amendment 42 #
Motion for a resolution
Recital G
Recital G
G. whereas the mere chance fact of the existence of numerous services does not automatically result in the aforementioned regulatory objectives being attained, but their attainment needs to be safeguarded in advance, as undesirable developments can only be reversed to a limited extent and with considerable difficulties and there will therefore remain a need for a specific ex ante regulatory framework for the use of servicesaudiovisual media services, including their use on demand in hybrid receiving systems;
Amendment 65 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to further develop the concept of media services defined in Article 1 of the Audiovisual Media Services Directive in such a way that the necessity of regulation by the Member States is determined more on the basis of the potential socio-political impact of services and specific features of that impact, particularly their relevance to opinion- forming and diversity, as well as on the basis of editorial responsibility;
Amendment 70 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission, by means of the prompt further development of the Audiovisual Media Services Directive and other EU legislation, to create a level playing field for all content and service providers, taking account of the following minimum requirements and maintaining the existing overarching regulatory objectives, so as to ensure fair competition among content providers and guarantee users the chance to choose among a wide range of high-quality services on a footing of equal opportunity and without discrimination;
Amendment 76 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that consideration should be given to retaining a graduated regulatory framework for media services, in which connection the graduation should be based not on a distinction between non-linear and linear services, but rather, primarily, on the potential impact of a given media service and the editorial responsibility for the service in question, and that, at the same time, the Member States should be granted appropriate leeway to take such decisions themselves;
Amendment 77 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to clarify the concept of ‘editorial responsibility’ and, by means of a revision of the relevant EU legislative acts, to make it absolutely clear that regulatory provisions also cover intermediaries and content aggregators, including platform and portal operators who make selections in connection with the provision of access to and the dissemination of audiovisual content or who are involved in the preparation or presentation of that content;
Amendment 78 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Wonders whether, against the background of increasing technological convergence, the provisions laid down by the Commission in its communication on the application of the rules on State aid to public service broadcasting (2009/C 257/01) setting out complex procedures for assessing and analysing audiovisual services offered by public providers which go beyond the scope of normal broadcasting activities and are made available on new platforms are still appropriate, in particular given that it is increasingly difficult for users to tell whether the service concerned is a conventional linear broadcasting service, an on-demand service or another type of audiovisual service;
Amendment 84 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises that in the interests of the uniform, Europe-wide protection of consumers, children and young people and minorities, qualitative restrictions on audiovisual media services should be reviewed and tailored at a high level to all modes of dissemination;
Amendment 85 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls, in that connection, for the ban on the violation of human dignity, the ban on incitement to hatred, protection against discrimination and the principle of barrier-free access to apply in the same way to all forms of media content;
Amendment 86 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Wonders, in that connection, whether the principle of the division between advertising and programme content can be maintained across all types of media or whether the aim of providing protection could be better achieved by making advertising and programme content clearly recognisable and clearly distinguishable across all types of media;
Amendment 102 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and Member States, in addition to such ‘must be found’ rules, to consider to what extent a reform of media regulation so as to move towards incentive schemes and strengthen co- and self- regulatory approaches can enable the aforesaid regulatory objectives of the Audiovisual Media Services Directive to be attained in a lasting fashion;
Amendment 121 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to ensure in a legally binding manner that all legal content is as a matter of principle made available to the same quality standard on networks and platforms unless a measure entailing positive or negative discrimination demonstrably serves the public interest in the case of the dissemination of particular services;
Amendment 126 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to safeguard by law the integrity of linear and non-linear services on hybrid platforms and in particular to prohibit the overlay or scaling of these services withby platform providers or third- party content, unless the latter have been authorised by the content provider and explicitly initiated by the usies with content or other services, unless the latter have been explicitly initiated by the user and, in the case of content which is not covered by the definition of individual communication, have been authorised by the content provider; points out that unauthorised use or disseminationinterference by third parties ofwith the content or broadcast signals of a provider and their unauthorised decryption, use or dissemination must likewise be prevented;
Amendment 130 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to ensure that the level of protection in respect of audiovisual media services established by means of the special regulatory requirements of the Audiovisual Media Services Directive is not undermined by unauthorised provision of access on other platforms;
Amendment 131 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Commission to ensure that applications never start up automatically merely because a portal has been accessed, but that start-up must always be initiated by the user, that the return to the previously used service must always be straightforward and entail only the pressing of a button (e.g. red button function), which must be made clear to users, and that when an application is shut down the previously used service must reappear in full audiovisual quality;
Amendment 132 #
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Calls on the Commission to ensure that a content provider can take legal action against such applications on hybrid platforms which make possible or encourage the unauthorised dissemination of content made available by the content provider;
Amendment 133 #
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Calls on the Commission, where appropriate on copyright grounds, to work towards the establishment of straightforward rights clearance systems which make it possible for non-linear services made available by media service providers to be mirrored unchanged and in full on third platforms;
Amendment 140 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to ensure that the anonymous use of TV and on-line services by means of hybrid receiving devices is guaranteed and, that monitoring and exploitation of the user’s behaviour or any other operations involving the collection, processing and use of personal data by manufacturers of devices or by third parties isare not normally allowed, being permitted only with the witting and unambiguous consent of the user, and that, in that connection, users are offered legal guarantees which make for the highest possible degree of transparency;
Amendment 143 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for full account to be taken of data protection principles, such as data minimisation, proportionality and the collection of data for a specific purpose only, in both the development of hybrid receiving devices (‘privacy by design’) and in the standard configuration of such devices (‘privacy by default’);
Amendment 144 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Commission to exclude audiovisual media services from liberalisation measures negotiated as part of international trade agreements, in view of their dual nature and their significance for society, and, at the same time, to ensure that the concept of ‘audiovisual media service’ is developed to reflect the ongoing process of digitalisation and media convergence;