38 Amendments of Marietje SCHAAKE related to 2016/0151(COD)
Amendment 103 #
Proposal for a directive
Recital 1
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).
Amendment 108 #
Proposal for a directive
Recital 3
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.
Amendment 213 #
Proposal for a directive
Recital 19
Recital 19
Amendment 232 #
Proposal for a directive
Recital 21
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.
Amendment 238 #
Proposal for a directive
Recital 22
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.
Amendment 243 #
Proposal for a directive
Recital 23
Recital 23
Amendment 247 #
Proposal for a directive
Recital 24
Recital 24
Amendment 252 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure that obligations on promotion of European works do not undermine market development and to allow for the entry of new players in the market, companies with no significant presence on the market should not be subject to such requirements. This is in particular the case for companies with a low turnover and low audiences and small and micro enterprises as defined in Commission Recommendation 2003/361/EC33 . It cshould also be inappropriate to impose such requirements in cases where – given the nature or theme of the on-demand audiovisual media services– they would be impracticable or unjustified. __________________ 33 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 253 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) The Commission should ensure adequate and geographically-diversified funding under the MEDIA programme of Creative Europe in order to support the circulation of creative content across borders, including the improvement of digital distribution of European audiovisual works and the development of innovative financing models for creative content.
Amendment 260 #
Proposal for a directive
Recital 26
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, harmfuillegal content and hate speech storhosted onby video-sharing platforms haves increasingly given rise to concern. It is necessary, to set out proportionate rules in order to protect minorcitizens from harmfuillegal content and aill citizens from content containing incitement to violence or hatred, to set out proportionate rules on those mattersegal activities, including arbitrary content removals without effective revenues for redress, without prejudice to Articles 14 and 15 of the Directive 2000/31/EC of the European Parliament and of the Council 33a. __________________ 33aDirective 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).
Amendment 277 #
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content hostored onby video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, tThose providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers should be requiredshould be encouraged, if the size or nature of their audience merits this, to take appropriate measures to protect minors from content that may impair their physical, 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 in accordance with guidelines regularly issued by appropriate authorities to ensure the protection of user's fundamental rights.
Amendment 282 #
Proposal for a directive
Recital 29
Recital 29
(29) In light of the nature of the providers' involvement with the content stored on video-sharing platforms, those appropriate measures should relate to the organisation of the content and not to the content as such. The requirements in this regard aThe requirements set out in this Directive should therefore apply without prejudice to Articles 14 and 15 of Directive 2000/31/EC of the European Parliament and of the Council34 , which provides for an exemption from liability for illegal information hostored by certain providers of information society services. When providing services covered by Article 14 of Directive 2000/31/EC, those requirements should also apply without prejudice to Article 15 of that Directive, which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers, without however concerning monitoring obligations in specific cases and, in particular, without affecting orders by national authorities in accordance with national legislation. __________________ 34 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, 17.07.2000, p. 1).
Amendment 287 #
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve the video-sharing platform providers, national human rights institutions and other stakeholders as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co- regulation should therefore be encouraged within a transparent process. 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, it should remain possible for Member States 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 basishan the ones provided for in this Directive where content is illegal. __________________ 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).
Amendment 301 #
Proposal for a directive
Recital 31
Recital 31
(31) When taking the appropriate measures to protect minors from harmful content and to protect all citizens from content containing incitement to violence or hatred in accordance with this Directiveillegal content, the applicable fundamental rights, as laid down in the Charter on Fundamental Rights of the European Union, should be carefully balanced. That concerns in particular, as the case may be, the right to respect for private and family life and the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the prohibition of discrimination and the right of the child. Member States have a positive obligation to ensure that the balance of incentives for media service providers and video-sharing platform providers covered by this Directive is such that legal content, including content that can offend, shock or disturb, can be communicated.
Amendment 306 #
Proposal for a directive
Recital 31 a (new)
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.
Amendment 308 #
Proposal for a directive
Recital 32
Recital 32
(32) The video-sharing platform providers covered by this Directive provide information society services within the meaning of point (a) of Article 2 of Directive 2000/31/EC and generally provide hosting services in line with Article 14 of that instrument. Those providers are consequently subject to the rules on the internal market set out in Article 3 of that Directive, if they are established in a Member State. It is appropriate to ensure that the same rules apply to video-sharing platform providers which are not established in a Member State with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this Directive and ensuring a level playing field in as much as possible, in as far as those providers have either a parent company or a subsidiary which is established in a Member State or where those providers are part of a group and another entity of that group is established in a Member State. To that effect, arrangements should be made to determine in which Member State those providers should be deemed to have been established. The Commission should be informed of the providers under each Member State's jurisdiction in application of the rules on establishment set out in this Directive and in Directive 2000/31/EC.
Amendment 338 #
Proposal for a directive
Recital 39
Recital 39
(39) TMember States are under a positive obligation to ensure that measures taken to transpose this Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect forMember States should ensure that no measure adopted in the transposition of this Directive directly or indirectly undermines the right to freedom of expression, the freedom to conduct a business, the right to judicial review and to promote the application of the rights of the child enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 356 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a
Article 1 – paragraph 1 – point a a
(aa) 'video-sharing platform service' means a service, as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, which meets the following cumulative requirements:
Amendment 358 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point i
Article 1 – paragraph 1 – point a a – point i
(i) the service consists of the storage of a large amount ofwhose level of use in a national market is such that specific regulatory intervention is proportionate and which hosts programmes or user- generated videos, for which the video- sharing platform provider does not have editorial responsibility;
Amendment 368 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point ii
Article 1 – paragraph 1 – point a a – point ii
(ii) the active organisation of the stored content is determined by the provider of the service including by automatic means or algorithms, in particular by hosting, displaying, tagging and sequencingallows it to have knowledge or control of the data stored;
Amendment 375 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point iii
Article 1 – paragraph 1 – point a a – point iii
(iii) the principal purpose of the service or a service which is a dissociable section thereofof another service is devoted to providing programmes and user- generated videos to the general public, in order to inform, entertain or educate; and
Amendment 514 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2010/13/EU
Article 4 – paragraph 1
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, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a, provided that such rules are in compliance with Union law.; and do not contain discriminatory provisions relating to the nationality or place of residence of the service provider
Amendment 548 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
The Commission shall decide within 31 months following the electronic 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 3 month2 weeks from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 610 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deletedreplaced 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.';
Amendment 734 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
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 thesepromote, where practicable, the production of and access to European works.
Amendment 751 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. The Commission shall ensure adequate and geographically-diversified funding under the MEDIA programme of Creative Europe to support the circulation of creative content across borders, including improvement of the digital distribution of European audiovisual works and the development of innovative financing models for creative content.
Amendment 754 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Member States shall waive the requirements laid down in paragraphs 1 and 2 for providers with a low turnover or low audience or if they are small and micro enterprises. Member States mayshall also waive such requirements in cases where they would be impracticable or unjustified by reason of the nature or theme of the on- demand audiovisual media services.
Amendment 802 #
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 daily proportion of television advertising spots and teleshopping spots within the periodshall not exceed 20 % within a given clock hour between 7:00 and 23:00 shall not exceed 20 %.
Amendment 845 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – introductory part
Article 28 a – paragraph 1 – introductory part
1. Without prejudice to Articles 14 and 15 of Directive 2000/31/EC, Member States shall ensure thatcourage video-sharing platform providers to take appropriate measures to:
Amendment 858 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b
Article 28 a – 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, descent or national or ethnic originact expeditiously to remove or disable access to illegal content, once it receives actual knowledge of the illegality of the content.
Amendment 872 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 1
Article 28 a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of actions taken upon valid and adequately substantiated notifications, 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, including the protection of freedom of expression and information. Restrictive measures implemented by providers of video-sharing platforms that are not specifically required by national law shall only be permitted if procedural rules provide a possibility for internet users to assert their rights before a relevant public authority once the implementing measures taken by the internet service provider are known.
Amendment 875 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 1
Article 28 a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of actions taken upon valid and adequately substantiated notifications, 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 protection of freedom of expression and information.
Amendment 882 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – introductory part
Article 28 a – paragraph 2 – subparagraph 2 – introductory part
Those measures shallmay consist of, as appropriate:
Amendment 886 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point a
Article 28 a – paragraph 2 – subparagraph 2 – point a
(a) defining and applyingsetting out the rights and duties of users, in the terms and conditions of the video-sharing platform providers the concepts of, with regard to incitement to violence or hatred as referred to in point (b) of paragraph 1 and of content which may impair the physical, mental or moral development of minors, in accordance with Articles 6 and 12 respectively;
Amendment 899 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point e
Article 28 a – paragraph 2 – subparagraph 2 – point e
Amendment 906 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point f
Article 28 a – paragraph 2 – subparagraph 2 – point f
(f) establishing and operating systems through which providers of video-sharing platforms explainat provide transparency to users of video-sharing platforms what effect has been given to the reporting and flagging referred to in point (b).
Amendment 917 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 4
Article 28 a – paragraph 4
4. Member States shall, in cooperation with the Commission and ERGA, establish the necessary mechanisms to regularly assess the appropriatenesstransparency, necessity, effectiveness and proportionality of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providers, in particular with regard to freedom of expression and information. Member States shall entrust this task to the authorities designated in accordance with Article 30.
Amendment 927 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/E
Article 28 a – paragraph 5
Article 28 a – paragraph 5
5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measures with respect to illegal content. When adopting such measures, theyWhen adopting measures in relation to content that has been ruled to be illegal, Member States shall respect the conditions set by applicable Union law, such as, where appropriate, those set in Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU.