50 Amendments of Sylvie GUILLAUME related to 2016/0151(COD)
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate and proportionate means that audiovisual media services provided by media service providers under their jurisdiction do not contain: (a) any incitement to violate human dignity and 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, nationality, religion or belief, disability, age or sexual orientation.; (b) any incitement to commit terrorist acts or the glorification of such acts.
Amendment 137 #
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 a
Article 28 a – paragraph 1 – point a
(a) protect all minors from content which may impair their physical, mental or moral development;
Amendment 140 #
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 origin.and audiovisual commercial communication violating human dignity and containing incitement to violence or hatred based on sex, nationality, racial or ethnic origin, religion or belief, disability, age or sexual orientation;
Amendment 146 #
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 a (new)
Article 28 a – paragraph 1 – point b a (new)
(ba) protect all citizens from content inciting to commit terrorists acts or the glorification of such acts;
Amendment 147 #
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 b (new)
Article 28 a – paragraph 1 – point b b (new)
(bb) protect all citizens from content which may impair their physical or mental development.
Amendment 195 #
Proposal for a directive
Recital 17
Recital 17
(17) The rule that a product should not be given undue prominence has proved difficult to apply in practice. It also restricts the take-up of product placement which, by definition, involves some level of prominent exposure to be able to generate value. The requirements for programmes containing product placement should thusmust therefore focus on clearly informing the viewers of the existence of product placement and on ensuring that the audiovisual media service provider's editorial independence is not affected.
Amendment 206 #
Proposal for a directive
Recital 19
Recital 19
Amendment 228 #
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 prominence. Prominence refers to the visibility and accessibility of European works on on-demand audiovisual media services, such as the availability of a specific section dedicated to European works.
Amendment 242 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure adequate levels of investment on European works, Member States should be ableare authorised 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 248 #
Proposal for a directive
Recital 24
Recital 24
(24) When Member States impose financial contributions to providers of on- demand services such contributions shallould 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.
Amendment 330 #
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 discoveraaccessibility and accessithe appropriate level of discoverability of content of general interest under defined general interest objectives such as media pluralism, freedom of speechdemocratic, social and cultural diversityobjectives. 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 considerationbe proportionate and should meet general interest objectives in conformity with Union law, such as media pluralism, freedom of expression and cultural diversity, clearly defined by Member States.
Amendment 346 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Programmes and services of media providers should be distributed in full, unaltered and without breaks, and should not be modified without the consent of the media service providers concerned. Furthermore, to ensure that the provisions of the directive are effectively implemented and to protect the editorial responsibility of media service providers and promote the audiovisual value chain, the integrity of programmes and media service providers should be guaranteed by law.
Amendment 359 #
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 – or provision of access through streaming of a large amount of programmes or user- generated videos, for which the video- sharing platform provider does not have editorial responsibility;
Amendment 369 #
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 organisation of the stored content stored or rendered accessible through streaming is determined by the provider of the service including by automatic means or algorithms, in particular by hosting, displaying, tagging and sequencing;
Amendment 374 #
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 dissociable section thereof or one that is devolved to it or plays a significant role in it is devoted to providing programmes and user- generated videos to the general public, in order to inform, entertain or educate;
Amendment 469 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) manifestly, seriously and gravely infringes Articles 6, 7 or 12, or both;
Amendment 517 #
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 30ain the fields covered by this Directive, provided that such rules are in compliance with Union law.
Amendment 553 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 1
Article 4 – paragraph 7 – subparagraph 1
"7. 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 codes shall be such that they are broadly accepted by the main stakeholders in the Member States concerned. The codes of conduct 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. Where co-regulation and self-regulation prove to be ineffective, the national regulatory authorities must in all circumstances be able to exercise their effective powers.
Amendment 565 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2010/13/EU
Article 4 – paragraph 8 a (new)
Article 4 – paragraph 8 a (new)
8a. This Directive is without prejudice to the capacity of Member States to impose obligations to ensure the accessibility and appropriate prominence of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity.
Amendment 575 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate and proportionate means that audiovisual media services provided by media service providers under their jurisdiction do not contain: (a) any incitement to undermine human dignity or 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, nationality, religion or belief, disability, age or sexual orientation.; (b) any incitement to commit or to seek to justify terrorist acts.;
Amendment 603 #
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 deleted; replaced by the following: ‘Article 7 1. Member States shall ensure that media service providers under their jurisdiction make their services continuously and progressively more accessible to people with disabilities including visual or hearing impairments, aiming to provide, five years after the entry into force of this Directive: (i) at least 75 % of the overall programming with subtitles for the deaf and hard of hearing (SDH); (ii) at least 75 % of the overall programming subtitled into the national language shall include spoken subtitles; (iii) at least 15 % of the overall programming with audio description and spoken subtitles; (iv) at least 5 % of the overall programming with sign language interpretation; 2. Every following year the audiovisual media service providers shall increase the provision of access services as follows: (i) 5 % more of the overall programming with SDH; (ii) 5 % more of the overall programming subtitled into the national language with spoken subtitles; (iii) 2 % more of the overall programming with audio description; (iv) 2 % more of the overall programming with sign language interpretation. 3. The access services shall be provided for different types of programmes, including those for children, and at different times during the day, without concentrating the accessible content in the least common time slots for the general audience. Audiovisual media service providers should be encouraged to consult user organisations, including those representing persons with disabilities, to prioritise the programmes to be made accessible. 4. Where a programme includes access services, these shall be clearly indicated in the programme information, as well as in the electronic programming guide. 5. The audiovisual media service providers shall ensure that the Electronic Programming Guides are accessible for persons with disabilities. 6. The audiovisual media service providers shall provide accessible information about their services and, in particular, shall list and explain how to use the accessibility features of the services, including the complementarities with assistive technologies and other access services provided by a third party. 7. With regard to the implementation of this Article, Member States shall encourage the development of self- and co-regulatory codes of conduct, in consultation with users' organisations, including those representing persons with disabilities. The Commission and ERGA shall encourage media service providers to exchange best practices on self- regulatory systems across the Union. These should tackle quality requirements for: (i) subtitles for the deaf and hard of hearing that are well synchronised with the audiovisual content, readable, accurate and comprehensible in order to effectively reflect the audio information. This includes setting up quality specifications covering at least the font type, font size, contrast and use of colours as well as, where possible, the necessary requirements to ensure users' control over the SDH; (ii) audio description and spoken subtitles that are well synchronized with the audiovisual content. This includes setting up quality specifications related to audio placement and clarity of the audio description and spoken subtitles, as well as the necessary requirements to ensure users' control over them; (iii) sign language interpretation that is accurate and comprehensible in order to effectively reflect the audio information. This includes setting up professional requirements for the interpreters and quality specifications for the way the signing is provided. Where possible, requirements to ensure users' control over the signing provision shall be adopted. 8. By ... [three years after the entry into force of this Directive] and every three years thereafter, the Commission shall submit to the European Parliament, to the Council and to the European Economic and Social Committee a report on the application of this Article.';
Amendment 633 #
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 nutriould effectively minimise the exposure of children and minors to audiovisual commercial communications for foods and non-alcoholic beverages high in fat, trans-fatty acids, salt or sodium and sugars in television broadcasts, on- demand audiovisual media services and video-sharing platform services, by introducing legislational or physiological effect, excessive inencouraging the development of co-regulatory codes of conduct. Member Staktes of which in the overall diet are not recommended, in particular fat, trans- fatty acids, salt or sodium and sugarsare encouraged to use the WHO Regional Office for Europe's nutrient profile model to differentiate foods and non-alcoholic beverages on the basis of their nutritional composition.
Amendment 672 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2010/13/EU
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(12a) In Article 10, the following point is inserted: ‘(ba) audiovisual media services, user- generated videos or programmes should not be sponsored by undertakings whose principal activity is the manufacture or sale of alcoholic beverages;’
Amendment 674 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2010/13/EU
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(12a) In Article 10, the following point is inserted: ‘(ba) Audiovisual media services, video- sharing platform services, user-generated videos or programmes should not be sponsored by referencing food and non- alcoholic beverages high in fat, trans fatty acids, salt or sodium and sugars. The WHO Regional Office for Europe's nutrient profile model shall be used to differentiate foods and non-alcoholic beverages on the basis of their nutritional composition.’
Amendment 704 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Member States shall ensure that media providers’ programmes and services are not modified without their consent, such as through ‘cover-up’ advertising or similar practices.
Amendment 724 #
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 230% share of European works in their catalogue and ensure promintheir visibility. Member States may require their providers of on-demand audiovisual media services which are established in another Member State but target audiences ofn these worksir territory to include a proportion of European audiovisual works as laid down in the Member State targeted.
Amendment 745 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States mayshall require providers of on-demand audiovisual media services 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 mayshall 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.
Amendment 747 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Member States shall ensure that providers of on-demand audiovisual media ensure the prominence of European works in their catalogues. This could take the form of: (a) a section accessible straight from the home page which is devoted to European works; (b) a minimum number or percentage of European works available on the home page; (c) the promotion of such works by means of recommendation and promotion tools or services available as part of the on-demand audiovisual media services. Member States may require providers of on-demand audiovisual media services which are established in another Member State but target audiences on their territory to apply the measures for ensuring the visibility of European audiovisual works as laid down in the Member State targeted.
Amendment 763 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2010/13/EU
Article 14 – paragraph 1
Article 14 – paragraph 1
(15a) In Article 14, paragraph 1 is replaced by the following: 1. Each Member State may take measures in accordance with Union law to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events which are regarded by that Member State as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such events by live coverage or deferred coverage on free television. Member States shall also require broadcasters under its jurisdiction to broadcast these events of major importance for society in an accessible way for those with functional limitations, including persons with disabilities. If it does so, the Member State concerned shall draw up a list of designated events, national or non-national, which it considers to be of major importance for society. It shall do so in a clear and transparent manner in due time. In so doing the Member State concerned shall also determine whether these events should be available by whole or partial live coverage or, where necessary or appropriate for objective reasons in the public interest, whole or partial deferred coverage. (The amendment seeks to amend a provision within the existing act - Article 14, paragraph 1," Or. en point n - that was not referred to in the Commission proposal.)
Amendment 771 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 b (new)
Article 1 – paragraph 1 – point 15 b (new)
Directive 2010/13/EU
Article 17
Article 17
(15b) Article 17 is replaced by the following: ‘Article 17 Member States shall ensure, where practicable and by appropriate means, that broadcasters reserve at least 10 % of their transmission time, excluding the time allotted to news, sports events, games, advertising, teletext services and teleshopping, or alternately, at the discretion of the Member State, at least 10 % of their programming budget, for European works created by producers who are independent of broadcasters. This proportion, having regard to the broadcaster's informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of suitable criteria, which shall include the provision of access services for those European works. It must be achieved by earmarking an adequate proportion for recent works, that is to say works transmitted within 5 years of their production.’ (The amendment seeks to amend a provision within the existing act - Article 17 - that was notOr. en referred to in the Commission proposal)
Amendment 782 #
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, or sponsorship once for each scheduled period of at least 230 minutes.”;
Amendment 804 #
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 proportionpercentage of television advertising spots and teleshopping spots within the period between 7:00 and 23:00 shall not exceed 20%. and sponsorship spots within any one clock hour shall not exceed 20%, that is to say 12 minutes.
Amendment 820 #
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
(a) self-promotion and transpromotional announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes or with programmes from other entities belonging to the same media groupother services containing content, including those of other entities belonging to the same media group or those in which the broadcaster depicts the interest of the material;
Amendment 824 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point b
Article 23 – paragraph 2 – point b
Amendment 832 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c a (new)
Article 23 – paragraph 2 – point c a (new)
“(ca) neutral frames used to separate advertising spots.”;
Amendment 844 #
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 that video-sharing platform providers take appropriate real and effective measures to:
Amendment 850 #
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 a
Article 28 a – paragraph 1 – point a
(a) protect all minors from content which may impair their physical, mental or moral development;
Amendment 855 #
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 and audiovisual commercial communications offending against human dignity and containing incitement to violence or hatred directed againsttowards a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origiethnic or social origins, genetic characteristics, language, religion or beliefs, political views or any other opinion, membership of a national minority, wealth, birth, a disability, age, or sexual orientation.
Amendment 866 #
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 a (new)
Article 28 a – paragraph 1 – point b a (new)
‘(ba) address cyber bullying, stigmatisation, deliberate and continuous persecution and all other forms of online violence and discrimination directed against a person or a group of persons;’
Amendment 867 #
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 a (new)
Article 28 a – paragraph 1 – point b a (new)
(ba) protect all citizens from content containing incitement to commit, or seeking to justify, terrorist acts.
Amendment 868 #
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 b (new)
Article 28 a – paragraph 1 – point b b (new)
(bb) protect all citizens from audiovisual commercial communications which might impair their physical, mental, or moral development.
Amendment 918 #
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 establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video- sharing platform providers. Member States shall entrust this task to the authorities designated in accordance with Article 30. Where co-regulation and self-regulation prove to be ineffective, the national regulatory authorities may exercise their effective powers.
Amendment 931 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
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 measuresbe precluded from imposing more detailed or stricter measures on video-sharing platform providers, in particular with respect to illegal content. When adopting such measures, they 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.
Amendment 951 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 8 a (new)
Article 28 a – paragraph 8 a (new)
8a. Member States shall ensure that video-sharing platform providers take on the same obligations as media service providers, in accordance with the provisions laid down in Articles 9-11 for audiovisual commercial communications made available on their platform, given that: – they are based on an economic model that is similar to that of audiovisual media service providers, – they are involved in the sale and placement of audiovisual commercial communications – or share in the resultant operating income.
Amendment 953 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 1 – subparagraph 1
Article 28 b – paragraph 1 – subparagraph 1
Member States shall ensure that video- sharing platform providers: (a) which are not established on their territory, but which have either a parent company or a subsidiary that is established on their territory or which are part of a group and another entity of that group is established on their territory, (b) which are established in another Member State but target audiences on their territory, are deemed to have been established on their territory for the purposes of Article 3(1) of Directive 2000/31/EEC.
Amendment 955 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 1 – subparagraph 2
Article 28 b – paragraph 1 – subparagraph 2
Amendment 956 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 1 – subparagraph 3
Article 28 b – paragraph 1 – subparagraph 3
Amendment 960 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 2
Article 28 b – paragraph 2
2. Member States shall communicate to the Commission a list of the video- sharing platform providers established on their territory andr deemed to be established on their territory in accordance with the criteria, set out in Article 3(1) of Directive 2000/31/EC and in paragraph 1, on which their jurisdiction is based. They shall update the list regularly. The Commission shall ensure that the competent independent regulatory authorities have access to this information.
Amendment 984 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Member States shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this Directive, in particular media pluralism, cultural diversity, consumer protection, accessibility of the audiovisual services, internal market and the promotion of fair competition. National regulatory bodies can be entrusted as an additional point of complaints for recipients of a service.
Amendment 996 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
‘4a. Member States shall ensure that national regulatory authorities designate a single and publicly available point-of- contact for information and complaints about the accessibility issues referred to in article 7. This point-of-contact shall be entitled to: (i) raise awareness on viewers' rights in regards to accessibility; (ii) conduct surveys and consultations to monitor the compliance of accessibility requirements; (iii) issue recommendations to audiovisual media service providers to improve the quality of their access services; (iv) adopt standards, where available, to ensure the interoperability of television services and equipment enabling users to receive, decode and display access services for persons with disabilities, and to mandate the use of such standards. Organisations representing persons with disabilities, audiovisual media service providers and equipment manufacturers should be consulted in determining any equipment standards; (v) handle viewers' complaints in regards to accessibility and carrying out its enforcement powers accordingly.’